SENATE BILL NO. 1173
October 01, 2020, Introduced by Senators IRWIN,
POLEHANKI and RUNESTAD and referred to the Committee on Education and
Career Readiness.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1280i.
the people of the state of michigan enact:
Sec. 1280i. (1) The board of a school
district or intermediate school district or the board of directors of a public
school academy shall ensure that each pupil described in subsection (2) is
screened for difficulties with word reading using a reliable and valid
universal screening assessment. A school district, intermediate school
district, or public school academy shall screen pupils under this subsection
with fidelity.
(2)
The board of a school district or intermediate school district or the board of
directors of a public school academy shall ensure that all of the following
pupils enrolled in the school district, intermediate school district, or public
school academy are screened for difficulties with word reading using a reliable
and valid universal screening assessment as required under subsection (1):
(a)
Each pupil during kindergarten, grade 1, grade 2, and grade 3.
(b)
Each pupil who is in kindergarten, grade 1, grade 2, or grade 3 who transferred
to the school district, intermediate school district, or public school academy
from another school district, intermediate school district, or public school
academy in this state and who has not been screened for difficulties with word
reading using a reliable and valid universal screening assessment.
(c)
Each pupil in grade 4 or higher who, as determined by that pupil's teacher or
educational-support staff, demonstrates any of the following:
(i) Escape or avoidance behaviors when
asked to engage in reading or writing activities.
(ii) Effortful or laborious reading.
(iii) Reading-comprehension difficulties
caused by inaccurate or inefficient word reading.
(iv) Significant spelling or encoding
difficulties not caused by fine-motor or visual-motor difficulties.
(d)
Each pupil who is in kindergarten, grade 1, grade 2, or grade 3 who has
transferred to the school district, intermediate school district, or public
school academy from a school that is not located in this state, unless the
pupil presents written documentation to the school district, intermediate
school district, or public school academy showing either of the following:
(i) That the pupil was subject to a
reliable and valid universal screening assessment.
(ii) That the pupil is exempt from
screening under this section, as determined by the department.
(3)
If a reliable and valid universal screening assessment described in subsection
(1) indicates that a pupil is at risk for dyslexia or indicates that the pupil
is experiencing difficulty in learning to decode accurately and efficiently,
the school district, intermediate school district, or public school academy
shall ensure that a multi-tiered system of support (MTSS) is provided to the
pupil. The multi-tiered system of support (MTSS) described in this subsection
must meet all of the following:
(a)
Be a comprehensive framework composed of a collection of evidence-based
strategies designed to meet the individual needs and assets of the whole pupil
at all achievement levels.
(b)
Include 3 distinct tiers of instructional support.
(c)
Tier 1 support of the 3 distinct tiers of instructional support described in
subdivision (b) must, at a minimum, meet all of the following:
(i) Encompass a combination of evidence-based
strategies that are available to all learners.
(ii) Effectively meet the needs of most pupils.
(iii) The instructional methods and curriculum
resources under this tier must be used to address the decoding and word-recognition
components of reading using a code emphasis instructional approach and must be
supported by cognitive science. The instructional methods and curriculum
resources described in this subparagraph must not include instructional methods
that minimize the importance of primarily using letter-sound information to
decode or recognize unknown words, including, but not limited to, any of the
following uses:
(A)
Using pictures and illustrations.
(B)
Skipping over an unknown word or words to use the meaning of the passage to
recognize the unknown word or words.
(C)
Identifying only the first sound of an unknown word and then being prompted to
guess the word using the word's initial sound and the meaning of the text
surrounding the word.
(D)
Memorizing a word in its written form.
(E)
Using predictable text and leveled text to provide initial word recognition
instruction and practice in reading new learned letter-sound correspondences.
(d)
Tier 2 support of the 3 distinct tiers of instructional support described in
subdivision (b) must be provided to small groups of pupils to whom at least 1
of the following applies:
(i) Screening-assessment data indicate a need for
intervention to address difficulties in learning to decode and recognizing
words accurately and efficiently.
(ii) Tier 1 instructional data indicate a need for
intervention to address difficulties in learning to decode and in recognizing
words.
(e)
Provide that tier 2 support, as described in subdivision (d), must include instructional
methods and curriculum resources that use a code emphasis approach to address
the decoding and word-recognition components of reading and that are supported
by cognitive science. The instructional methods and curriculum resources described
in this subdivision must include, but are not limited to, specialized
instructional procedures, duration, and frequency. However, these methods and resources
must not include instructional methods that minimize the importance of
primarily using letter-sound information to decode or recognize unknown words,
including, but not limited to, any of the uses of letter-sound information
described in subdivision (c)(iii)(A) to (E).
(f)
Provide that pupils receiving tier 2 support, as described in subdivision (d), must
be provided reading intervention and must be progress monitored in order to
determine their response to intervention instruction.
(g)
Provide that, if pupils who are receiving tier 2 support as described in this
subsection are not making measurable progress in response to reading
intervention at a rate that will result in meaningful improvements in
performance, then intensive, tier 3 support must be provided to the pupil using
an evidence-based process for individualizing and intensifying interventions. This
process must integrate evidence-based interventions that are grounded in the
principles of structured literacy and cognitive science, ongoing assessment,
and increasingly intensive instructional adaptations that must be documented in
an individualized intensive intervention plan. A multi-disciplinary team at the
school district, intermediate school district, or public school academy shall
develop individualized intensive intervention plans and refine those plans with
the teacher providing the intervention instruction to the pupil to meaningfully
accelerate reading outcomes.
(h)
Provide that, if a pupil's response to the intervention instruction described
in subdivisions (a) to (g) is insufficient for accelerating reading outcomes
after repeated attempts to adapt and intensify the instruction, then, subject
to state and federal laws concerning special education, the school district,
intermediate school district, or public school academy must consider referring
the pupil for special education services.
(4)
If a reliable and valid universal screening assessment described in subsection
(1) indicates the need for intervention, the school district, intermediate
school district, or public school academy in which the pupil is enrolled shall
provide the pupil with evidence-based intervention services that must be
grounded in principles of cognitive science and structured literacy approaches
or programs that must include, at a minimum, systematic, direct, explicit,
cumulative, and diagnostic instruction that integrates listening, speaking,
reading, and writing and emphasizes the structure of language across the speech
sound system (phonology), the writing system (orthography), the structure of
sentences (syntax), the meaningful parts of words (morphology), the
relationships among words (semantics), and the organization of spoken and
written discourse.
(5)
If it is determined that a pupil has functional difficulties in the academic
environment due to characteristics of dyslexia or underlying factors that place
pupils at risk for difficulties in learning to decode accurately and
efficiently, the board of the school district or intermediate school district
or the board of directors of the public school academy in which the pupil is
enrolled shall ensure that the necessary accommodations or equipment are
provided to the pupil as required under section 504 of title V of the
rehabilitation act of 1973, 29 USC 794, and title II of the Americans with
disabilities act of 1990, 42 USC 12131 to 12165.
(6)
If a pupil's performance on a reliable and valid universal screening assessment
described in subsection (1) indicates a need for intervention services, the
board of the school district or intermediate school district or the board of
directors of the public school academy in which the pupil is enrolled shall
ensure that the pupil's parent or legal guardian is sent a written notification
that includes all of the following:
(a)
The results of the screening described in this subsection.
(b)
Resource material that includes information regarding, at a minimum, all of the
following:
(i) The characteristics of dyslexia or underlying
factors that place pupils at risk for difficulties in learning to decode
accurately and efficiently.
(ii) Evidence-based interventions that
are grounded in principles of structured literacy and cognitive science that
are designed for pupils with dyslexia and pupils at risk for difficulties in learning
to decode accurately and efficiently.
(iii) Educational accommodations for
pupils who display characteristics of dyslexia and pupils who have been
identified as having dyslexia.
(c)
Information describing the multi-tiered system of support (MTSS) framework
described in subsection (3).
(7)
If the parent or legal guardian of a pupil has an independent, comprehensive
dyslexia evaluation conducted, the board of the school district or intermediate
school district or the board of directors of the public school academy in which
the pupil is enrolled shall do both of the following:
(a)
Consider the diagnosis included in the independent, comprehensive dyslexia
evaluation in consultation with a dyslexia specialist.
(b)
Ensure that appropriate interventions, as determined by the board or board of
directors, in conjunction with a dyslexia interventionist, are provided to the
pupil.
(8)
Beginning not later than the 2023-2024 school year, the department shall
develop dyslexia expertise to provide technical assistance to school districts,
intermediate school districts, and public school academies regarding dyslexia
and underlying factors that place pupils at risk for difficulties in learning
to decode accurately and efficiently. The department shall offer expertise
under this subsection by providing guidance on at least all of the following:
(a)
Screening for, the identification of, and treatment of dyslexia and difficulties in learning to decode accurately and
efficiently.
(b) Structured
literacy.
(c) Best-practice
interventions for dyslexia that include instructional methods and curriculum
resources that use a code emphasis approach to address the decoding and word-recognition
components of reading and that are supported by cognitive science. The
instructional methods and curriculum resources described in this subdivision
must not include instructional methods that minimize the importance of
primarily using letter-sound information to decode or recognize unknown words,
including, but not limited to, any of the uses of letter-sound information
described in subsection (3)(c)(iii)(A) to (E).
(d) The development
of coaching expertise for individuals responsible for supporting, at a minimum,
all of the following:
(i) Methods to
develop schoolwide and classroom infrastructures to meet the collective and
individual needs of pupils using a multi-tiered system of support (MTSS)
framework.
(ii) High-quality
administration, scoring, and interpretation of screening assessments under this
section.
(iii) The use of
best-practice interventions for dyslexia.
(iv) Methods to
intensify decoding and word recognition intervention instruction.
(e) Professional
learning about dyslexia to school districts,
intermediate school districts, and public school academies.
(9)
Beginning not later than the 2023-2024 school year, the board of a school
district or intermediate school district or the board of directors of a public
school academy shall ensure that it employs both classroom and reading-intervention
teachers trained in all of the following:
(a)
Evidence-based, structured literacy approaches or programs that are grounded in
the principles of cognitive science and that include, at a minimum, systematic,
direct, explicit, cumulative, and diagnostic instruction that integrates
listening, speaking, reading and writing and emphasizes the structure of
language across the speech sound system (phonology), the writing system
(orthography), the structure of sentences (syntax), the meaningful parts of
words (morphology), the relationships among words (semantics), and the
organization of spoken and written discourse.
(b)
The characteristics of dyslexia and underlying factors that place pupils at
risk for difficulties in learning to decode accurately and efficiently.
(c)
Secondary consequences of dyslexia, such as problems in reading comprehension
and a reduced reading experience that can impede the growth of vocabulary and
background knowledge and lead to social, emotional, and behavioral
difficulties.
(d)
Accommodations for pupils with dyslexia and accommodations for addressing
underlying factors that place pupils at risk for difficulties in learning to
decode accurately and efficiently.
(10)
By not later than January 1, 2023, the department, in conjunction with the
advisory committee described in section 1280h, shall develop or adopt a
dyslexia resource guide based on current research to be used by school
districts, intermediate school districts, and public school academies and that
must include information regarding the education of pupils with dyslexia.
(11)
Beginning not later than the 2023-2024 school year, the department, in
consultation with school districts, intermediate school districts, and public
school academies, shall ensure that each K to 6 certificated teacher, K to 12
certificated special education teacher, and all K to 12 school personnel
providing reading intervention to pupils in this state receive professional
learning regarding all of the following:
(a)
The characteristics of dyslexia and underlying factors that place pupils at
risk for difficulties in learning to decode accurately and efficiently.
(b)
Secondary consequences of dyslexia, such as problems in reading comprehension
and a reduced reading experience that can impede the growth of vocabulary and
background knowledge and lead to social, emotional, and behavioral
difficulties.
(c)
Evidence-based interventions that are grounded in principles of structured
literacy and cognitive science and that are designed for pupils with dyslexia
and pupils at risk for difficulties in learning to decode accurately and
efficiently.
(d)
Accommodations for pupils with dyslexia and accommodations to address the
underlying factors that place pupils at risk for difficulties in learning to
decode accurately and efficiently.
(e)
Methods to develop schoolwide and classroom infrastructures to meet the
collective and individual needs of pupils using a multi-tiered system of
support (MTSS) framework.
(12)
Beginning not later than the 2023-2024 school year, the department, in
consultation with school districts, intermediate school districts, and public
school academies, shall ensure that each certificated teacher in this state
receives professional learning regarding all of the following, unless the
certificated teacher has already received the professional learning under
subsection (11):
(a)
The characteristics of dyslexia.
(b)
Secondary consequences of dyslexia, such as problems in reading comprehension
and a reduced reading experience that can impede the growth of vocabulary and
background knowledge and lead to social, emotional, and behavioral
difficulties.
(c)
Accommodations for pupils with dyslexia and accommodations to address the
underlying factors that place pupils at risk for difficulties in learning to
decode accurately and efficiently.
(d)
Methods to develop schoolwide and classroom infrastructures to meet the collective
and individual needs of pupils using a multi-tiered system of support (MTSS)
framework.
(13)
A school district, intermediate school district, or public school academy shall
ensure that each pupil enrolled in the school district, intermediate school
district, or public school academy who has been identified as having a specific
learning disability and that is showing deficiencies in word reading accuracy
or efficiency receives structured literacy intervention that is provided in
tier 3 support through a multi-tiered system of support (MTSS) that meets the
criteria of tier 3 support required to be provided under subsection (3)(g). If
a pupil described in this subsection is otherwise receiving the intervention
and support described in this subsection under this section, the school
district, intermediate school district, or public school academy is not
required to provide additional intervention or support under this subsection.
(14)
As used in this section:
(a)
"Code emphasis" means direct, explicit instruction on the code system
of written English at the sound, syllable, morpheme, and word level so pupils
develop automaticity in accurate sound-symbol associations used for word recognition
and for developing a robust sight-word vocabulary. Instruction, as described in
this subdivision, is provided through phonological awareness, including phonemic
awareness; through letter-names; and through letter-sound correspondences using
a sequence of instruction that gradually progresses from easier to more complex
skills. Decodable texts are embedded into the lessons that make up the
instruction described in this subdivision for pupils to apply the newly learned
sound-symbol associations to connected text. Informative feedback from a
teacher while providing instruction using decodable text as described in this subdivision
includes the teacher asking pupils to look carefully at a word and sound the
word out, and, after sounding out the word, prompting pupils to ask themselves
if the decoded word makes sense.
(b)
"Cognitive science" means the study of the human mind. It is an
interdisciplinary field combining ideas and methods from psychology, computer
science, linguistics, philosophy, and neuroscience with the goal of
characterizing the nature of human knowledge and how that knowledge is used,
processed, and acquired.
(c)
"Cumulative" means the practice of basing new concepts on those
previously learned and maximizing retention of concepts through regular,
systematic review to gain automaticity and fluency.
(d)
"Decodable text" means text that meets both of the following:
(i) Includes a high number of words containing the
sound-symbol associations and high-frequency words that are the focus of
direct, explicit decoding instruction.
(ii) Allows pupils to depend on their knowledge of
the alphabetic code rather than guessing, using picture clues, or rote
memorization.
(e)
"Diagnostic" means continuous assessment and individualization of
instruction to meet each pupil's instructional needs.
(f)
"Dyslexia" means both of the following:
(i) A specific learning disability that
is neurobiological in origin and characterized by difficulties with accurate or
fluent word recognition and by poor spelling and decoding abilities that
typically result from a deficit in the phonological component of language that
is often unexpected in relation to other cognitive abilities and the provision
of effective classroom instruction.
(ii) A specific learning disability that
may include secondary consequences, such as problems in reading comprehension
and a reduced reading experience that can impede the growth of vocabulary and
background knowledge and lead to social, emotional, and behavioral difficulties.
(g)
"Dyslexia interventionist" means personnel within a school district
or public school who are trained in the characteristics of dyslexia and
underlying factors that place pupils at risk for difficulties in learning to
decode accurately and efficiently and who have expertise in providing structured
literacy intervention.
(h)
"Dyslexia specialist" means a professional at each intermediate
school district, school district, or public school academy who has expertise and
knowledge in the screening of, identification of, treatment for, and
accommodations for pupils who display the characteristics of dyslexia and
pupils who have been identified as having dyslexia and who has attained or is
working toward an endorsement or certification in providing training for
evidence-based, structured literacy approaches or programs that must include,
at a minimum, systematic, direct, explicit, cumulative, and diagnostic
instruction that integrates listening, speaking, reading and writing and
emphasizes the structure of language across the speech sound system
(phonology), the writing system (orthography), the structure of sentences
(syntax), the meaningful parts of words (morphology), the relationships among
words (semantics), and the organization of spoken and written discourse. A
dyslexia specialist serves as an expert resource for dyslexia interventionists
and provides advice on external dyslexia evaluations.
(i)
"Evidence-based" means an
activity, program, process, service, strategy, or intervention that
demonstrates statistically significant effects on improving pupil outcomes or
other relevant outcomes and that meets at least both of the following:
(i) At least 1 of
the following:
(A) Is based on
strong evidence from at least 1 well-designed and well-implemented experimental
study.
(B) Is based on
moderate evidence from at least 1 well-designed and well-implemented
quasi-experimental study.
(C) Is based on
promising evidence from at least 1 well-designed and well-implemented
correlational study with statistical controls for selection bias.
(D) Demonstrates
a rationale based on high-quality research findings or positive evaluation that
the activity, program, process, service, strategy, or intervention is likely to
improve pupil outcomes or other relevant outcomes.
(ii) Includes ongoing
efforts to examine the effects of the activity, program, process, service,
strategy, or intervention.
(j)
"Explicit" means direct and deliberate instruction through continuous
pupil-teacher interaction that includes teacher modeling, guided practice, and
independent practice.
(k)
"Leveled text" means text that has characteristics of predictable
text and text focused on teaching high-frequency words without regard to
sound-symbol associations. Leveled texts are assigned a level based on a
difficulty scale according to print features, content, themes, ideas, text
structure, language, and literary elements. Leveled texts do not provide pupils
opportunities to apply newly learned phonological and orthographic knowledge.
(l) "Multi-tiered system of support
(MTSS)" means a comprehensive framework that includes 3 distinct tiers of
instructional support and is composed of a collection of evidence-based
strategies designed to meet the individual needs and assets of a whole pupil at
all achievement levels.
(m)
"Phonemic awareness" means the conscious awareness of all of the
following:
(i) Individual speech sounds, including, but not
limited to, consonants and vowels, in spoken syllables.
(ii) The ability to consciously manipulate through,
including, but not limited to, matching, blending, segmenting, deleting, or
substituting, individual speech sounds described in subparagraph (i).
(iii) All levels of the speech sound system,
including, but not limited to, word boundaries, rhyme recognition, stress
patterns, syllables, onset-rime units, and phonemes.
(n)
"Predictable text" means text that replicates language patterns using
rhythm and rhyme to teach pupils phrasing and cadence.
(o)
"Reliable and valid universal screening assessment" means an
assessment that includes, but is not limited to, measures designed to identify
underlying difficulties impacting a pupil's ability to learn to decode and to
recognize words accurately and efficiently and that aligns with assessment
guidelines concerning grade levels in which, and times of the school year when,
specific universal screening assessment measures must be administered. The
range of the assessment described in this subdivision must be equipped to
identify difficulties impacting a pupil's ability to learn to decode and
recognize words and, at a minimum, must include all of the following:
(i) Phonemic awareness.
(ii) Rapid automatized naming.
(iii) Letter-sound correspondence.
(iv) Single-word reading.
(v) Nonsense-word reading.
(vi) Oral passage reading fluency with
retelling.
(p)
"Structured literacy" means systematic, direct, explicit, cumulative,
and diagnostic instruction that integrates listening, speaking, reading, and
writing and emphasizes the structure of language across the speech sound system
(phonology), the writing system (orthography), the structure of sentences
(syntax), the meaningful parts of words (morphology), the relationships among
words (semantics), and the organization of spoken and written discourse.
(q)
"Systematic" means following the logical order of language and moving
from the most basic concepts to the more advanced.
(15)
If a valid and reliable screening, formative, and diagnostic reading assessment
system selected by the board of a school district or the board of directors of
a public school academy under section 1280f(2) includes a reliable and valid
universal screening assessment, that assessment system selected under section
1280f(2) may be utilized to meet the requirement under subsection (1).
Enacting section
1. This amendatory act does not take effect unless all of the following bills
of the 100th Legislature are enacted into law:
(a) Senate Bill No. 1174.
(b) Senate Bill No. 1172.
(c) Senate Bill No. 1175.