Section 20-32-8.5-2 - Plan requirements; retention; exceptions; notification; reporting process(a) Except as provided in subsection (b), the plan required by this chapter must include the following:(1) Reading skill standards for grade 1 through grade 3.(2) A method for making determinant evaluations by grade 3 that remedial action is required for a student, including:(A) beginning with evaluations administered during the 2024-2025 school year, and except as provided in subsection (c), retention of the student in grade 3 if the student has not achieved a passing score on the determinant evaluation of reading skills approved by the state board after the student has had an opportunity to retake the determinant evaluation in the summer; and(B) the use of curricular materials and supplemental materials aligned to the science of reading that are designed to address deficiencies in reading; after other methods of remediation have been evaluated or used, or both, if reading skills are below the standard. Appropriate consultation with parents or guardians must be part of the plan.
(3) A requirement that schools notify a student's parent of the following: (A) The student's assessment results regarding skill level in:(B) The student's assessment results on the determinant evaluation of reading skills approved by the state board.(C) Any intervention provided to the student or any remedial action taken.(4) A requirement that schools monitor the progress of students who failed to achieve a valid passing score on the: (A) determinant evaluation of reading skills approved by the state board; or(B) statewide assessment program test.(5) A requirement that schools provide reading instruction that includes a core reading program aligned with the science of reading to all students in kindergarten through grade 8.(6) A requirement for the administration of the determinant evaluation of reading skills approved by the state board to students in grade 2.(7) A requirement that all students take the determinant evaluation of reading skills approved by the state board until the student: (A) receives a passing score, regardless of the student's grade level; or(8) A requirement that a school report the following to the department: (A) The literacy interventions that will be used for students in grade 2 who are at risk of not being reading proficient and students in grade 3 who do not achieve a valid passing score on the determinant evaluation of reading skills approved by the state board.(B) The literacy interventions in use before the adoption of the plan for students in grade 2 who are at risk of not being reading proficient and students in grade 3 who do not achieve a valid passing score on the determinant evaluation of reading skills approved by the state board.(C) The literacy interventions in use before the adoption of the plan for students who do not achieve a valid passing score on the determinant evaluation of reading skills approved by the state board.(D) The number of students being served by the interventions described in clauses (B) and (C).(E) The cost of providing the interventions described in clauses (B) and (C).(F) Any other information requested by the department.(9) Requirements for a school in which fewer than seventy percent (70%) of students of the school achieved a valid passing score on the determinant evaluation of reading skills approved by the state board that must include the following: (A) Use of curriculum that is: (i) based on the science of reading; and(ii) approved by the department.(B) Employment of the following:(i) Before July 1, 2025, an instructional coach who is trained in the science of reading, as determined by the department. This item expires January 1, 2026.(ii) After June 30, 2025, an instructional coach with a literacy related endorsement who is trained in the science of reading.(C) Use of only benchmark, formative, interim, or similar assessments that: (i) show alignment with Indiana's academic standards; and(ii) are approved by the department.(D) Use of a screener procured under IC 20-32-5.1-17(j).(10) The fiscal impact of each component of the plan, if any. In determining whether a component has a fiscal impact, consideration shall be given to whether the component will increase costs to the state or a school corporation or require the state or school corporation to reallocate resources.(b) A school may receive a waiver of the requirements provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative reading plan provided by the school.(c) A student who would otherwise be subject to retention in grade 3 under the plan is not subject to the retention requirement only if the student meets one (1) of the following criteria: (1) The student was subject to retention and has been retained in grade 3 for one (1) school year.(2) The student has an intellectual disability or the student's individualized education program specifies that retention is not appropriate, and the student's case conference committee has determined that promotion to another grade is appropriate.(3) The student is an English learner who has received services for fewer than two (2) years and a committee consisting of: (A) the student's parent;(B) a building level administrator or designee;(C) a classroom teacher of service;(D) an English learner teacher of record, if one exists; and(E) an English learner district administrator, if one exists; determines that promotion is appropriate based on the implementation of research based instructional practices outlined in the student's individual learning plan.
(4) The student received a score of proficient or above proficient in grade 3 math on the statewide summative assessment.(5) The student: (A) has received intensive intervention as determined by the department in reading for two (2) or more years; and(B) was retained more than one (1) time throughout kindergarten, grade 1, or grade 2.(d) A student who is not subject to the retention requirement as provided under (c) must be provided with additional reading instruction that is aligned with the science of reading until the student achieves a passing score on the determinant evaluation of reading skills approved by the state board.(e) This subsection applies after June 30, 2024. Before October 1 of each school year the department shall: (1) identify each incoming student (as defined in section 0.7 of this chapter) enrolled in kindergarten in a school in Indiana; and(2) notify the parent or guardian of the student of the retention requirement under this chapter for grade 3 students who do not achieve a passing score on the Indiana reading evaluation and determination (IRead3).(f) The department shall establish a standard reporting process and reporting window for schools to report students who qualify for an exemption under subsection (c).Amended by P.L. 5-2024,SEC. 17, eff. 7/1/2024.Amended by P.L. 245-2023,SEC. 11, eff. 7/1/2023.Amended by P.L. 160-2012, SEC. 53, eff. 7/1/2012.As added by P.L. 109-2010, SEC.3.