This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.
Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].
| State |
Status/Date |
Level |
Summary |
|
 OH | Signed into law 06/2012 | P-12 | Directs the state board to determine a level of achievement on the 3rd grade English language arts assessment for a student to be promoted to the 4th grade, and to review and adjust upward the level of achievement until the level is set at the "proficient" level. Effective with entering 3rd graders in the 2013-14 school year, prohibits a district from promoting to the 4th grade any student who does not achieve a benchmark on the 3rd grade English language arts assessment; excludes certain English language learners and students with disabilities, students demonstrating ability on alternate assessment, and certain students receiving remediation who were previously retained from this requirement. Replaces requirement that districts assess reading skills at the end of 1st and 2nd grade with requirement that each K-3 student's reading skills be assessed by September 30. Permits districts to use a state diagnostic tool or comparable tool approved by the department of education for this purpose. Requires, upon identifying a student reading below grade level, (1) written parental notification and description of current services and proposed services to remediate areas of reading deficiency, and (2) intensive reading instruction to the student immediately following identification of a reading deficiency. Specifies such reading instruction must include research-based strategies shown to be successful in improving reading among low-performing readers; removes requirement that instruction be in intensive, systematic phonetics. Requires any intervention or remediation services required by these provisions to include intensive, explicit, and systematic instruction. Requires a reading improvement and monitoring plan to be developed within 60 days after receiving the student's results on the diagnostic assessment. Identifies required components of each reading improvement and monitoring plan. Requires each student with a reading improvement and monitoring plan entering 3rd grade in 2013-14 school year or thereafter to be assigned to a teacher who has either received a passing score on a rigorous test of principles of scientifically-based reading instruction approved by the state board of education or has a reading endorsement on the teacher's license.
Requires districts to include (1) documents related to administration of diagnostic assessments and (2) information in any student improvement plan in the information provided to student's parent. Requires every district to submit diagnostic assessment results to the department of education, regardless of the type of assessment used, and authorizes the department to issue reports with the data collected.
Specifies services that must be offered a student retained in grade 3 pursuant to these provisions, including at least 90 minutes of daily reading. Requires a district to adopt a policy for mid-year promotion of a student subsequently reading on grade level. Requires a district to assign a retained student to a high-performing teacher, as determined by the teacher's student performance data, when available, and performance reviews. Requires the district to offer the option for students to receive applicable services from one or more approved providers other than the district. Requires a retained student who shows grade-level proficiency in math, science, writing, or social studies to be provided instruction commensurate with student achievement levels in that subject.
Requires each district to annually report to the department on implementation and compliance with these provisons. Directs the superintendent of public instruction to annually report to the governor and general assembly the number and percentage of students in grades K-4 reading below grade level based on the diagnostic assessments and the 3rd grade achievement assessments in English language arts, aggregated
by school district and building; the types of intervention services provided to students; and, if available, an evaluation of the efficacy of the intervention services provided.
Pages 13, 34-36, 86-93 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf
Title: S.B. 316 - Third-Grade Reading Proficiency
Source: www.legislature.state.oh.us
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| CO | Signed into law 05/2012 | P-12 | Requires each local education provider (LEP, i.e., school districts, Boards of Cooperative Educational Services or BOCES, charter schools) to provide to students in kindergarten through 3rd grade the instruction and evidence based interventions necessary to ensure to the greatest extent possible that early-grade students develop the reading skills necessary to enable them to succeed in later grades.
Beginning in 2012-13, requires LEPs to report to the department the number of early-grade students with significant reading deficiencies, based on the state board's definition. Beginning in the 2013-14 academic year, requires each LEP to measure reading competency for early-grade students using a combination of assessments approved by the department, which is required to create a list of approved instructional programs and professional development tools. The department will provide training, technical assistance, and coaching as necessary.
Creates a process for teachers, parents, and other personnel to create a Reading to Ensure Academic Development (READ) plan for when a student with significant reading deficiencies is identified. Provides the READ plan is part of the student's academic record until the student achieves reading competency.
Creates a process for parents and educators to determine if the student should advance to the next grade level in the next academic year. If the student is completing 3rd grade, the joint decision is subject to approval of the local superintendent, or his/her designee. If the student does not advance, the LEP must provide more rigorous instructional services to the student.
Creates the Early Literacy Grant Program in the department to provide funding to LEPs for literacy assessment, instructional support, and appropriate interventions for early-grade learners. Creates the Early Literacy Fund to support the implementation of the act and to provide a source of funds for the grant program. Also describes how funding will be calculated for the program and for per student support.
http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/BE80872E0CC93D2987257981007DC105?Open&file=1238_enr.pdf
Title: H.B. 1238
Source: http://www.leg.state.co.us
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| LA | Signed into law 05/2012 | P-12 | Relates to the Louisiana Competency-Based Education Program and the Louisiana Educational Assessment Program. Provides greater clarity to the definition of state content standards. Indicates that criterion-referenced tests will be replaced by standards-based assessments and that the exams will be used for language arts and math, and adds that the exams will be for science and social studies, and extends the grades they will be administered from 4-8 (pilot program) to 3-11. Beginning with the 2014-2015 school year, standards-based assessments implemented by the state board in English/language arts and math will be based on the Common Core Standards. The department will establish the level of achievement on certain tests in 4-8th grades that indicate proficiency. Students must demonstrate proficiency to advance to grades 5 and 9.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=802824
Title: H.B. 707
Source: http://www.legis.state.la.us
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| TN | Signed into law 05/2012 | P-12 | Prohibits promotion of students in the third and eighth grades who do not demonstrate understanding of the curriculum and the ability to perform required grade level skills either through the student's grades or standardized test scores.
http://www.capitol.tn.gov/Bills/107/Bill/SB2156.pdf
Title: S.B. 2156
Source: http://www.capitol.tn.gov
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| OK | Signed into law 05/2012 | P-12 | Adds kindergarten students to assessment requirement (K-3 students are to be assessed at the beginning of each year using an approved screening instrument). Establishes that a statewide criterion-referenced test is the initial determinant, but not the sole determinant, of promotion. Specifies that students with disabilities, where appropriate, are to be assessment with alternate achievement standards through the Oklahoma Alternate Assessment Program (OAAP). Requires requests to exempt students from the mandatory retention requirements based on one of the good-cause exemptions to include documentation that the student meets the good-cause exemptions through alternative assessment results or student portfolio work and the individual education plan (IEP) as applicable. A teacher recommending promotion to 4th grade may make that recommendation contingent upon participation in remediation or successful completion of competencies. The principal is to review and discuss the documentation with the teacher, then determines whether the student should be promoted and makes a written recommendation to the district superintendent. The Superintendent is to accept or reject the recommendation in writing. Contingent on funding for the Act, funding for interventions is to be distributed to districts only upon approval of the reading sufficiency plan and submittal of a child-count report to the Department that details the number of students needing remediation or intervention in reading. The total amount of funds available for allocation is to be divided by the total number of students identified as in need of remediation or intervention.
http://webserver1.lsb.state.ok.us/2011-12bills/HB/HB2516_ENR.RTF
Title: H.B. 2516
Source: http://webserver1.lsb.state.ok.us
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| OH | Signed into law 06/2011 | P-12 | Directs the state board not to prescribe the three ranges of scores for the assessments prescribed by division (A)(2) of section 3301.0710 of the Revised Code http://codes.ohio.gov/orc/3301.0710, as amended by Am. Sub. H.B. 1 of the 128th General Assembly, until the board adopts the rule required by division (A) of this section. Until that date, the board must continue to prescribe the five ranges of scores required by the version of section 3301.0710 of the Revised Code in effect prior to the effective date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly, and the following apply:
(1) The range of scores designated by the state board as a proficient level of skill remains the passing score on the Ohio Graduation Tests for purposes of sections 3313.61, 3313.611, 3313.612, and 3325.08 of the
Revised Code;
(2) The range of scores designated as a limited level of skill remains the standard for applying the third-grade reading guarantee under division (A) of section 3313.608 of the Revised Code;
(3) The range of scores designated by the state board as a proficient level of skill remains the standard for the summer remediation requirement of division (B)(2) of section 3313.608 of the Revised Code.
(C) This section is not subject to expiration after June 30, 2013, under Section 809.10 of this act.
Pages 981-982 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part3.pdf
Title: H.B. 153 - Ranges of Scores on State Assessments
Source: www.legislature.state.oh.us
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| TX | Signed into law 06/2011 | P-12 | Specifies that state policy does not require a 5th or 8th grader to be administered a criterion-referenced assessment if the student is enrolled in a course above the student's grade level and will be administered an assessment for that course, or is enrolled in a course for which the student will receive high school credit and will be administered an end-of-course assessment for the course. Provides a 5th or 8th grader who did not take a grade-level assessment for the aforementioned purposes may not be denied promotion based on failure to perform on an assessment the student is not required to take. Adds provision that nothing prohibits the administration of an end-of-course assessment to a student below the high school level who is enrolled in the course for which the assessment instrument is adopted. Requires that, in aggregating assessment results across grade levels by subject, the results of students below the high school level taking end-of-course assessments be included with results relating to other students enrolled at the same grade level. Permits the commissioner of education to award a distinction designation to a campus with significant numbers of students below grade 9 who perform satisfactorily on end-of-course assessments. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB02135F.pdf#navpanes=0
Title: H.B. 2135
Source: www.capitol.state.tx.us
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| TN | Signed into law 06/2011 | P-12 | Beginning with the 2011-2012 school year, a student in the third grade may not be promoted to the next grade level unless the student has shown a basic understanding of curriculum and ability to perform the skills required in the subject of reading as demonstrated by the student's grades or standardized test results. However, such student may be promoted if the student participates in an LEA approved research-based intervention prior to the beginning of the next school year.
http://www.capitol.tn.gov/Bills/107/Bill/SB1776.pdf
Title: S.B. 1776
Source: http://www.capitol.tn.gov
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| CO | Signed into law 05/2011 | P-12
Postsec.
Community College | Creates the Task Force on Student Academic Success. The overall charge of the task force is to identify the junctures at which grade-level performance are critical to student progress and to ensuring they are college and career ready upon graduation. More specifically, the task force will examine best practices and strategies for providing intervention services in K-12 and postsecondary remedial education; review the use of individual student career and academic plans; and review social promotion practices and recommend alternative strategies to ensure students are making sufficient progress. The task force also will examine and recommend potential policy changes to ensure high school graduates can demonstrate postsecondary and workforce readiness, and to assist postsecondary institutions in providing remedial education.
http://www.leg.state.co.us/clics/clics2011a/csl.nsf/fsbillcont3/0216DB5B1A8D04D9872578250057DEF1?Open&file=111_enr.pdf
Title: S.B. 111
Source: http://www.leg.state.co.us
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| OK | Signed into law 05/2011 | P-12 | Starting with students entering first grade in the 2011-2012 school year, the program of reading instruction must include provisions of the READ Initiative adopted by the school district, as instructed in the measure. If a reading deficiency is not remedied by the end of third grade, as demonstrated by scoring at the limited knowledge level on annual assessments, the student must be retained in third grade. Districts must notify parents their child has a reading deficiency, services provided and that the student will be retained if the deficiency isn't remedied. Administrators may promote students for good cause such as limited English proficient students and students with disabilities. Students may be promoted if they perform at a certain level on alternative assessments or if they demonstrate mastery through a student portfolio. Students also may be promoted if they receive intensive remediation in reading for two or more years but still demonstrate a deficiency and were previously retained in kindergarten, first grade, second grade or third grade for a total of two years. Those students must have an altered instructional day that includes reading instruction specific to their needs. Students not promoted must receive intensive reading instruction including methods such as tutoring or mentoring, an extended school day or week or year, summer reading camps or reduced teacher-student ratios. Districts must have a policy for midyear promotion of students if necessary. Districts must establish a Reading Enhancement and Acceleration Development Initiative to prevent the retention of third grade students and to offer intensive accelerated reading instruction to third grade students who failed to meet standards for promotion and to each kindergarten through third grade student who is assessed as having a reading deficiency.
http://webserver1.lsb.state.ok.us/cf/2011-12%20ENR/SB/SB346%20ENR.DOC
Title: S.B. 346
Source: http://webserver1.lsb.state.ok.us
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| CA | Signed into law 10/2010 | P-12 | From bill summary: Makes inoperative until July 1, 2013 the requirement that districts offer programs of direct, systematic and intensive supplemental instruction (during summer, before or after school, on Saturdays or during intersession--not during the regular instructional day) to pupils in grades 2-9 who have been recommended for retention or who have been retained at their grade for the next year. Provides that until July 2013, relieved from performing any activities under this provision that are deemed to be reimbursable state mandates. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1601-1650/ab_1610_bill_20101019_chaptered.pdf
Title: A.B. 1610 - Supplemental Instruction
Source: www.leginfo.ca.gov
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| IN | Notices of Intent to Adopt Rules 10/2010 | P-12 | Amends 511 IAC 6.1-5-2.6 to include the utilization of the reading framework adopted by the state board of education as part of the required elementary curriculum. Adds 511 IAC 6.2-3.1 to define and require elementary schools to submit a reading plan and to define the components of the reading plan. Defines the reading instruction and intervention requirements and specific intervention. Requires the reading plan to include, beginning with the 2012-2013 school year, retention of a student in grade 3 if the student does not achieve a passing score on the IREAD-3 assessment during the previous school year or during a subsequent attempt at passing IREAD-3.
Statutory authority: IC 20-19-2-8; IC 20-32-8.5.
http://www.in.gov/legislative/iac/
Title: 511 IAC 6.1-5-2.6; 511 IAC 6.2-3.1
Source: http://www.in.gov
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| AZ | Signed into law 05/2010 | P-12 | Requires the State Board of Education to adopt specific competency requirements for the promotion of third grade pupils.
Establishes the Task Force on Reading Assessment. Specifies requirements for inclusion in the State Board of Education adopted competency requirements for promotion from the third grade. Stipulates "good-cause" exemptions from the competency requirements.
Requires intervention and remedial strategies developed by the State Board of Education for students who are not promoted including reassignment of the student to a different teacher, summer school reading instruction, intensive reading instruction during the regular school day in the next academic year, or online reading instruction. Directs school district govering boards to offer at least one of the intervention and remedial strategies developed by the State Board of Education. Requires a parent or guardian of a student who is not promoted to choose one of the intervention and remedial strategies for the student. Requires the State Board of Education to provide for universal screening of students in preschool and kindergarten programs and in grades one through three designed to identify students with reading deficiencies.
Establishes a seven-member Task Force on Reading Assessment to be appointed by the State Board of Education and specifies its membership. Directs the Task Force to: (1) examine the experiences and outcomes of other states who require reading tests to promote third grade students; (2) develop methodologies, models and other recommendations for an assessment to measure the reading abilities of students in grades one and two; (3) develop recommendations integrating mid-year promotion; and (4) submit findings and recommendations in a written report to the State Board of Education, the governor, speaker of the house, president of the senate and secretary of state by February 15, 2011. Specifies the recommended reading assessment must rely on the following concepts: (1) phonics; (2) phonemic awareness; (3) reading comprehension; (4) fluency; and (5) vocabulary. Chapter 296
http://www.azleg.gov/legtext/49leg/2r/bills/hb2732s.pdf
Title: H.B. 2732
Source: http://www.azleg.gov
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| OH | Signed into law 07/2009 | P-12 | From DOE summary of H.B. 1: Allows school district boards to waive the requirement to take an American history course for promotion from 8th to 9th grade for academically accelerated students who are to demonstrate mastery of essential concepts and skills of the 8th grade course. (Retains current law requiring one unit of American history and government in high school for a diploma.)
Pages 1157-1159 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf
DOE summary of H.B. 1: http://www.education.ohio.gov/GD/DocumentManagement/DocumentDownload.aspx?DocumentID=71635
Title: H.B. 1 - Section 3313.60
Source: www.legislature.state.oh.us/
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| LA | Signed into law 06/2009 | P-12 | Prohibits using test scores as the sole criteria for determining student promotion to the succeeding grade; deletes the requirement that the Board of Education and Secondary Education establish the proficiency levels for fourth and eighth grade students; removes grade retention from the list of options for students who fail to demonstrate proficiency; prohibits the use of grade retention solely on the basis of failure to achieve certain test results.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=663544
Title: H.B. 179
Source: http://www.legis.state.la.us/
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| TX | Signed into law 06/2009 | P-12 | Provides that a student is not considered at risk of dropping out of school if the student was retained in prekindergarten or kindergarten solely at the parent's request. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02703F.pdf
Title: H.B. 2703
Source: www.legis.state.tx.us
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| TX | Signed into law 06/2009 | P-12 | Section 28: Provides that in determining student promotion, a district must consider the student's teacher's recommendation, the student 's grade in each course, the student's score on state assessments, and any other academic information deemed necessary by the district. Requires districts to publicize the requirements for student advancement (as established in Section 28.021) by the start of each school year. Directs the commissioner to provide guidelines to districts based on best practices that a district may use when considering factors for promotion.
Section 29: Eliminates provision that a student may not be promoted to 4th grade if the student demonstrates inadequate performance on the grade 3 reading assessment. Adds provision that each time a student in grades 3-8 fails to perform satisfactorily on a specified state assessment in reading, math, writing, social studies or science (defined in Section 39.023(a)), the district must provide the student accelerated instruction in the applicable subject area. Specifies accelerated instruction may require the student's participation before or after normal school hours and participation and outside the normal school year. Adds provision that a student who does not perform satisfactorily on an aforementioned state assessment and who is promoted to the next grade must complete such accelerated instruction before placement in the next grade level. Specifies a student who fails to complete required accelerated instruction may not be promoted. Directs the commissioner to provide districts with research-based best practices and effective strategies for developing an accelerated instruction program. Provides that a student who is promoted by a grade placement committee must be assigned in each subject in which the student failed to perform satisfactorily on any specified state assessment instrument to a teacher who meets all state and federal qualifications to teach that subject and grade.
Pages 26-28 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf
Title: H.B. 3 - Section 28 and 29
Source: www.legis.state.tx.us
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| FL | Adopted 01/2009 | P-12 | Amends rule to provide guidance relating to the statewide public school student progression law eliminating social promotion by removing the FCAT Norm Referenced Test (NRT) as an alternative assessment good cause exemption for students scoring at Level 1 on the grade three Florida Comprehensive Assessment Test (FCAT) in Reading. Since the original rule adoption, the FCAT Norm Referenced Test (NRT) has been eliminated from the FCAT assessment program. The effect of this rule revision will be that students who score at Level 1 on the grade three FCAT Reading may be promoted to grade four if an acceptable level of performance is demonstrated on the alternative assessment (SAT-9 or SAT-10) or using a student portfolio. https://www.flrules.org/gateway/ruleNo.asp?ID=6A-1.094221
Title: FAC 6A-1.094221
Source: https://www.flrules.org/gateway/ruleNo.asp?ID=6A-1.094221
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| LA | Adopted 11/2008 | P-12 | Modifies the 8th grade waiver policy with additional criteria to be considered for requirement to pass state test to be promoted to 9th grade.
http://doa.louisiana.gov/osr/lac/28v39/28v39.doc
Title: LAC 28:28:XXXIX.503, 1301
Source: http://doa.louisiana.gov/
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| TX | Adopted 08/2006 | P-12 | Amends rules relating to the optional extended year program for students in kindergarten through grade eleven who are identified as likely not to be promoted to the next grade level for the succeeding school year. TEXAS 9885
http://www.tea.state.tx.us/rules/tac/chapter105/ch105aa.html
Title: 19 TAC 2.105.AA.105.1001
Source: Texas Rules
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| FL | Signed into law 05/2006 | P-12 | Defines secondary schools as those serving grades 6-12. Specifies that the following guiding principles must be used in the annual preparation of each secondary school's improvement plan:
(a) Struggling students, especially those in failing schools, need the highest quality teachers and dramatically different, innovative approaches to teaching and learning.
(b) Every teacher must contribute to every student's reading improvement.
(c) Quality professional development provides teachers and principals with the tools they need to better serve students.
(d) Small learning communities allow teachers to personalize instruction to better address student learning styles, strengths, and weaknesses.
(e) Intensive intervention in reading and math must occur early and through innovative delivery systems.
(f) Parents need access to tools they can use to monitor their child's progress in school, communicate with teachers, and act early on behalf of their child.
(g) Applied and integrated courses help students see the relationships between subjects and relevance to their futures.
(h) School is more relevant when students choose courses based on their goals, interests, and talents.
(i) Master schedules should not determine instruction and must be designed based on student needs, not adult or institutional needs.
(j) Academic and career planning engages students in developing a personally meaningful course of study so they can achieve goals they have set for themselves.
Requires local boards to adopt policies to address:
(a) Procedures for placing and promoting grade 6-12 students entering from out of state or from a foreign country, including a review of the student's prior academic performance.
(b) Alternative methods for students to demonstrate competency in required courses and credits, with special support for students who have been retained.
(c) Applied, integrated, and combined courses that provide flexibility for students to enroll in courses that are creative and meet individual learning styles and student needs.
(d) Credit recovery courses and intensive reading and math intervention courses based on student performance on the FCAT. These courses should be competency based and offered through innovative delivery systems, including computer-assisted instruction. Districts should use learning gains as well as other appropriate data and provide incentives to identify and reward high-performing teachers who teach credit recovery and intensive intervention courses.
(e) Grade forgiveness policies that replace a grade of "D" or "F" with a grade of "C" or higher earned subsequently in the same or a comparable course.
(f) Summer academies for students to receive intensive reading and mathematics intervention courses or competency-based credit recovery courses. A student's participation in an instructional or remediation program prior to or immediately following entering grade 9 for the first time shall not affect that student's classification as a first-time 9th grader for reporting purposes.
(g) Strategies to support teachers' pursuit of the reading endorsement and emphasize reading instruction professional development for content area teachers.
(h) Creative and flexible scheduling designed to meet student needs.
(i) Procedures for high school students who have not prepared an electronic personal education plan to prepare such plan.
(j) Tools for parents to regularly monitor student progress and communicate with teachers.
(k) Additional course requirements for promotion and graduation which may be determined by each school district in the student progression plan and may include additional academic, fine and performing arts, physical education, or career and technical education courses in order to provide a complete education program.
Requires the department to:
(a) By February 1, 2007, increase the number of approved applied, integrated, and combined courses available to districts.
(b) By the beginning of the 2006-2007 school year, make available a professional development package designed to provide the information that content area teachers need to become proficient in applying scientifically based reading strategies through their content areas.
(c) Share best practices for providing a complete education program to students enrolled in course recovery, credit recovery, intensive reading intervention, or intensive math intervention.
(d) Expedite assistance and decisions and coordinate policies throughout all divisions within the department to provide districts with support to implement the Florida Secondary School Redesign Act.
(e) Use data to provide the Legislature with an annual longitudinal analysis of the success of this reform effort, including the progress of 6th grade students and 9th grade students scoring at Level 1 on FCAT Reading or FCAT Math.
Directs the commissioner of education to create and implement the Secondary School Improvement Award Program to reward public secondary schools that demonstrate continuous student academic improvement and show the greatest gains in student academic achievement in reading and math.
Pages 35-39 of 160: http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 - Section 19
Source: www.myfloridahouse.gov
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| FL | Signed into law 05/2006 | P-12 | Beginning with students entering grade 6 in the 2006-2007 school year, promotion from a school composed of middle grades 6, 7, and 8 requires that: (a) The student must successfully complete academic courses as follows: 1.. Three middle school or higher courses in English. 2. Three middle school or higher courses in mathematics. Each middle school must offer at least one high-school-level mathematics course for which students may earn high school credit. 3. Three middle school or higher courses in social studies, one semester of which must include the study of state and federal government and civics education. 4. Three middle school or higher courses in science. 5. One course in career and education planning to be completed in 7th or 8th grade. The course must include career exploration using CHOICES for the 21st Century or a comparable cost-effective program; must include educational planning using the online student advising system known as Florida Academic Counseling and Tracking for Students; and shall result in the completion of a personalized academic and career plan.
Each school must hold meetings to inform parents about the course curriculum and activities. Each student shall complete an electronic personal education plan. By January 1, 2007, the Department of Education will develop course frameworks and professional development materials for the career exploration and education planning course.
The Commissioner of Education will collect longitudinal high school course enrollment data by student ethnicity in order to analyze course-taking patterns. For each year in which a student scores at Level l on FCAT Reading, the student must be enrolled in and complete an intensive reading course the following year. Placement of Level 2 readers in either an intensive reading course or a content area course in which reading strategies are delivered will be determined by diagnosis of reading needs. For each year in which a student scores at Level 1 or Level 2 on FCAT Mathematics, the student must receive remediation the following year, which may be integrated into the
student's required mathematics course.
Students in grade 6, grade 7, or grade 8 who are not enrolled in schools with a middle grades configuration are subject to the promotion requirements of this section.
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7087er.doc&DocumentType=Bill&BillNumber=7087&Session=2006
Title: H.B. 7087 (Section 21)
Source: Florida Legislature
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| IN | Signed into law 03/2006 | P-12 | Requires district report cards to report:
--The number and percentage of students participating in the school flex program, if offered (see IC 20-30-2-2.2 http://www.in.gov/legislative/ic/code/title20/ar30/ch2.html)
--The number of students who have dropped out of school, including the reasons for dropping out.
--The number of student work permits revoked.
--The number of student driver's licenses revoked.
--The number of students who have not advanced to grade 10 due to a lack of completed credits.
--The number of students suspended for any reason.
--The number of students receiving an international baccalaureate diploma.
http://www.in.gov/legislative/bills/2006/HE/HE1347.1.html
Title: H.B. 1347 Section 7
Source: www.in.gov/legislative
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| OK | Signed into law 05/2005 | P-12 | Requires each school district to ensure that instructional time each day of the school year in kindergarten through third grade is focused on reading and mathematics. Requires the state board of education to encourage school districts to integrate the teaching of the other curricular areas in the Priority Academic Student Skills (PASS) adopted by the board with the instruction of reading and mathematics.If a teacher determines that a third-grade student is not reading at grade level by the end of the second quarter of the school year, the parent or guardian of the student must be notified of the reading level of the student; the program of reading instruction for the student as required pursuant to the Reading Sufficiency Act; and the potential need for the student to participate in a summer academy or other program designed to assist the student in attaining grade-level reading skills. After consultation with the parent, a student may be retained in grade. Summer academy reading programs are to incorporate the content of a reading program administered by the Oklahoma Commission for Teacher Preparation or a scientifically based reading program administered by the state board and be taught by teachers who have successfully completed professional development in the reading program. Allows school districts to approve an option for students who are unable to attend a summer academy. The optional program may include, but is not limited to, an approved private provider of instruction, approved computer- or Internet-based instruction, or an approved program of reading instruction monitored by the parent or guardian. School districts must not be required to pay for the optional program, but are to clearly communicate to the parent or guardian the expectations of the program and any costs that may be involved. Does not apply to students with disabilities or English Language Learners. Amends 70 O.S. 2001, Section 11-103.6. http://www2.lsb.state.ok.us/2005-06HB/hb1621_enr.rtf
Title: H.B. 1621
Source: http://www2.lsb.state.ok.us
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| AR | Signed into law 04/2005 | P-12 | Requires a student not passing an immediately previous grades 3-8 benchmark assessment or in a secondary level end-of-course assessment to participate in remediation activities as required in the student's individualized academic improvement plan beginning in the school year the
assessment results are reported. If a student with disabilities has an individualized education program that addresses any academic area or areas in which the student is not proficient on state-mandated criterion-referenced assessments, the individualized education program meets the requirements of the aforementioned academic improvement plan. Requires districts to notify the student's parent of the parent's role and responsibilities as well as the consequences for the student's failure to participate in the plan.
Beginning with the 2005-2006 school year, requires students in grades 3-8 identified as not passing a benchmark assessment and who fail to participate in the subsequent academic improvement plan to be retained and not promoted to the next grade until the student is deemed to have participated in an academic improvement plan or the student passes the benchmark assessment for the current grade level in which the student is retained.
Beginning with the 2005-2006 school year, mandates that any student required to take an end-of-course assessment who does not pass a particular assessment must participate in remediation activities as required in the student's individualized academic improvement plan in the school year the assessment results are reported in order to receive credit on his or her transcript for the course related to the end-of-course assessment.
Beginning with the 2009-2010 school year, requires all initial end-of-course assessments to be administered by grade 10 for each student. Beginning with the 2009-2010 school year, a student who does not pass an initial end-of-course assessment may receive credit for the course until the student passes a subsequent end-of-course assessment; or the student, by the end of grade twelve 12, passes an Alternative assessment directly related to the Alternative exit course. If a student does not meet the satisfactory pass levels on an initial end-of-course assessment or does not satisfy the remedial requirements, that student will not graduate with a high school diploma from an Arkansas high school or charter school.
To the extent any school district is determined to have knowingly failed to administer these provisions of law or rules, the superintendent's license shall be subject to probation, suspension or revocation.
Requires tthe department of education to annually make public at least 50% of the test questions on the most recent initial benchmark and end-of-course assessments.
Creates Alternative Exit Course and Alternative Course Exam for students who have failed an end-of-course assessment three times. Requires such a student to take and pass an Alternative exit course and meet a satisfactory Alternative level score on a subsequent Alternative assessment to graduate from high school. Allows the Alternative exit course to be offered through a distance learning class and to be offered by the district outside the course of the normal school day.
Repeals Arkansas Code § 6-15-203 on remediation and student promotion/retention.
http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2824.pdf
Title: H.B. 2824
Source: www.arkleg.state.ar.us
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| CA | Vetoed 09/2004 | P-12 | Requires a school district, as a condition of receiving funding for supplemental instruction, to convene a pupil study team for each pupil who is
retained, or at risk of being retained, between the 2nd and 3rd grades because the pupil's reading ability is unsatisfactory. Requires a pupil study team to develop an intervention plan for the pupil to whom it is assigned and to meet once a year for this purpose until the pupil graduates from the school or until the team determines that the pupil no longer needs intervention. If a pupil graduates from elementary school and is
still in need of the services provided pursuant to his or her intervention plan, a letter to that effect would be required to be placed in the pupil's cumulative file so that this need is communicated to personnel at the school the pupil will subsequently attend. Requires that a school district
give first priority for the use of supplemental instruction funding to the implementation of the intervention plans developed by pupil study teams. Makes implementation of these provisions contingent upon funds being appropriated for this purpose in the annual Budget Act or other statute. http://www.leginfo.ca.gov/pub/bill/sen/sb_0651-0700/sb_651_bill_20040826_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_651_Veto.pdf
Title: S.B. 651
Source: California Legislative Web site
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| AR | Signed into law 06/2004 | P-12 | Adds Ark Code 6-15-1805. Eliminates social promotion; requires no student be assigned to a grade level based on age. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB33.pdf
Title: S.B. 33 § 5
Source: Arkansas Legislative Web site
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| DE | Rule Adoption 12/2003 | P-12 | Establishes rules requiring that local school districts have promotion policies in place for grades K through grade 12. Incorporates the promotion requirements as defined in the Delaware Code and in regulation 925 Children with Disabilities. DELAWARE REG 1476 (SN) http://www.state.de.us/research/AdminCode/Education/Education%20Administrative%20Code%20-%20900%20Special%20Populations.htm#P219_34133
Title: 14 DAC 230
Source: Delaware State Web site
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| OH | Signed into law 08/2003 | P-12 | This section specififes that the following options available to districts under the third grad reading guarantee for students who receive a limited score on the third grade reading achievement test apply to special education students: (1) promotion to 4th grade if the principal and reading teacher agree that other evaluations of the stuent's work indicate that the student is academically prepared for 4th grade;. (2) promotion to 4th grade with "intensive intervention" in that grade, or (3) retention in 3rd grade.
Title: H.B. 3 -- Third Grade Reading Guarantee
Source: Digest of Enactments 2003
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| NV | Signed into law 06/2003 | P-12 | Amends NRS 392.125 with the provision "except for the promotion of a pupil to high school," to the requriement that no pupil may
be retained more than one time in the same grade.
Title: S.B. 34
Source: http://www.leg.state.nv.us/72nd/bills/SB/SB34_EN.pdf
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| NV | Signed into law 05/2003 | P-12 | Provides that a pupil must be in attendance for a minimum number of days to obtain credit or to be promoted to the next higher grade; requiring each school to provide notice to the parent or legal guardian of a
pupil before the pupil is denied credit or promotion to the next higher grade; providing that a pupil and his parent or legal guardian may request a review of a decision to deny credit or promotion to the next higher grade. http://www.leg.state.nv.us/72nd/bills/SB/SB253_EN.pdf
Title: S.B. 253
Source: http://www.leg.state.nv.us
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| MN | Signed into law 05/2003 | P-12 | Allows a school, district or charter school to use a student's performance on a state assessment as one of multiple criteria in determining grade promotion or retention. http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?session=ls83&version=latest&number=HF302&session_number=0&session_year=2003
Title: H.F. 302 (multiple provisions)
Source: www.revisor.leg.state.mn.us
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| NM | Signed into law 03/2003 | P-12 | Amends Section 22-2A-6. Remediation programs, academic improvement programs and promotion policies shall be aligned with alternative school or district-determined assessment results and requirements of the assessment and accountability program. Schools must provide remediation opportunities to students in grades 1-8 who fail to make adequate yearly progress. Costs for remediation programs and academic improvement programs are borne by the district. The cost of summer and extended day remediation programs and academic improvement programs offered in grades nine through twelve shall be borne by the parent; however, where parents are determined to be indigent according to guidelines established by the state board, the district shall bear those costs. Parents must be notified no later than the end of the second grading period that his child is failing to make adequate yearly progress. Students in grades 1-7 who have not made adequate yearly progress must participate in remediation, and if they still don't make AYP, must be retained in the same grade for no more than one year in order to have additional time to master the required content standards.
http://legis.state.nm.us/Sessions/03%20Regular/FinalVersions/house/HB0212MarkedUp.pdf
Title: H.B. 212 (Omnibus Bill)
Source: New Mexico State Legislature
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| FL | Signed into law 08/2002 | P-12 | Shifts responsibility for establishing rules regarding student report cards from state superintendent to state board. Modifies rules relating to remediation, retention and promotion. Specifically, as stated by legislative summary, "The bill requires retention of students whose reading deficiency is not remedied by the third grade, as demonstrated by scoring at Level 2 or higher on the third grade reading portion of the FCAT. Before third grade, students identified as having a substantial reading deficiency must be given intensive reading instruction." Also, "The bill requires that academic improvement plans describe specific areas of reading deficiency, desired levels of performance in these areas, and necessary support services. The bill requires written parental notification of a substantial reading disability, current services, proposed remediation, and a mandatory third grade retention requirement. The bill outlines good cause exemptions: Limited English Proficient students who have had less than two years of instruction in an English for Speakers of Other Languages program; those with disabilities whose individual education plan (IEP) indicates that participation in the statewide assessments is not appropriate; those who demonstrate an acceptable level of performance on an alternative standardized reading assessment approved by the State Board of Education; those who demonstrate, through a student portfolio, the mastery of the Sunshine State Standards in reading equal to a Level 2 performance on the FCAT; students with disabilities who were previously retained in kindergarten, first or second grade, who participate in the FCAT and whose IEP or 504 plan shows a remaining deficiency after intensive remediation in reading for more than two years; and students who have received the intensive remediation in reading for two or more years but still demonstrate a deficiency or who were previously retained in kindergarten, grade one or grade two for a total of two years. The bill requires the teacher to document and report any good cause exemption to the principal. The principal reviews and reports a recommendation to the superintendent who makes the final decision. Each step of this process must be in writing. The bill gives the State Board of Education authority to enforce these provisions by requiring that districts submit relevant data, allowing the Commissioner of Education to investigate noncompliance, ordering compliance within a specified time frame, and withholding funds in the event of continued noncompliance." See bill section 371, page 825, line 4 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf
Title: S.B. 20E
Source: http://www.leg.state.fl.us
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| DE | Signed into law 05/2002 | P-12 | Before enactment of this legislation, this subparagraph banned any 3rd-, 5th- or 8th-grader scoring Well Below the Standard on the state reading assessment from being promoted to the next grade unless the student participated in a summer school program and attained a proficient-level score on the state reading assessment before the start of the new school year. The subparagraph now states that a 3rd-, 5th- or 8th-grader scoring Well Below the Standard on the state reading assessment may not be promoted to the next grade unless he/she attends a summer school program and scores at Below the Standard or above on the state reading assessment before the start of the next school year and, if the student at the end of summer school scores at Below the Standard, the student's parents/guardian and the district agree upon an individual improvement plan. In addition, a separate subparagraph barred any 8th-grader performing Well Below the Standard on the state math assessment from being promoted to the next grade unless he/she attended summer school and attained a proficient score on the state math assessment before the beginning of the new school year. The new legislation changes this such that now no 8th-grader scoring Well Below the Standard on the state math assessment can be promoted unless he/she attends summer school and scores at Below the Standard or above on the state math assessment before the start of the new school year and, if the student performs at Below the Standard, the student's parents/guardian and the district agree on an individual improvement plan. http://www.legis.state.de.us/LIS/LIS141.NSF/vwLegislation/
Title: S.B. 322
Source: www.legis.state.de.us
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| OH | Signed into law 11/2001 | P-12 | Requires districts and community schools (charters) to provide intervention services to students who fail to attain a proficient score on any fourth grade proficiency test, and creates an intervention requirement for students who score below the proficient level on any 9th grade proficiency test or below the "basic" level on the 3rd, 4th, 5th, 7th or 8th grade achievement tests. Permits schools and districts to use a below basic score on 4th, 5th. 7th or 8th grade achievement tests "as a factor in any decision to deny promotion" to the next grade level.
Title: S.B. 1
Source: 2001 Digest of Enactments
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| UT | Signed into law 02/2001 | P-12 | Utah requires middle school students to meet required competencies before advancing to high school. The Utah legislature amended the law by allowing local board to let students requiring remediation who would otherwise be scheduled to enter their first year of high school complete their remediation program during that first year.
Title: S.B. 102
Source: Lexis-Nexis/StateNet
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| UT | Signed into law 09/2000 | P-12 | Puts into legislation recommendations of Task Force on Learning Standards and Accountability in Public Education created by 1999 legislation. Creates both norm-referenced and criterion-referenced tests for students in most grades; writing assessments for students in grades 6 and 9; and 10th-grade basic skills competency test. Test results shall identify schools for assistance starting in 2003-2004. State Board shall also develop school performance report to provide information, including U-PASS scores, for every public school in the state.
The Task Force (named above) shall also seek public input on a possible system of rewards and interventions and on discontinuing social promotion. Task Force shall present report by November 30, 2000.
Title: H.B. 177
Source: Lexis-Nexis
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| DE | Signed into law 05/2000 | P-12 | Creates the Professional Development and Educator Accountability Act. Beginning in 2002, at least 20% of educator's performance evaluation will be tied to student improvement -- teachers and administrators who fail to measure up can be dismissed. Establishes more rigorous system of professional development, teaching standards, licensure and certification requirements; expands the salary system to include compensations for skills and knowledge. Encourages focused, career-long professional development and compensates teachers for additional responsibilities or becoming National Board certified. Ends social promotion - beginning in 2002, students reading below the standard in 3rd, 5th and 8th grades will be required to attend summer school and meet standard to move to next grade. Same provisions apply to 8th graders for math. Students not meeting standards will receive mandatory individual improvement plans (some state funds available for extra time instruction). Future students must demonstrate they meet 10th grade standards in language arts and math to receive academic diploma.
Title: S.B. 260
Source: Lexis-Nexis/StateNet
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| VA | Signed into law 03/2000 | P-12 | Requires Board of Education to establish requirements to facilitate acceleration of students who are qualified under standard of learning assessment to sit for relevant test and to obtain credit, including verified credit upon achieving a passing score.
Title: H.B. 1196
Source: Lexis-Nexis/StateNet
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| NM | Signed into law 02/2000 | P-12 | Relates to educational standards; provides for remediation and academic improvement programs; restricts promotions; provides for parental involvement.
Title: H.B. 78
Source: Lexis-Nexis/StateNet
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