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Senate Bill 387, Second Edition Engrossed, Excellent Public Schools Act of 2021 (North Carolina)

Summary

North Carolina Senate Bill 387, Second Edition, Engrossed 3/31/21, short title Excellent Public Schools Act of 2021, from the General Assembly of North Carolina Session 2021. Senators Berger, Ballard, and Lee are listed as primary sponsors, and the bill shows a referral to Education/Higher Education on March 30, 2021. The act would change how the Read to Achieve program is carried out so that students reach reading proficiency by the third grade. Its headings run from a Science of Reading definition and an Early Literacy Program through interventions and individual reading plans, with an effective-date section last.

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Full text

                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                      SESSION 2021
     S                                                                                                2
                                         SENATE BILL 387
                                   Second Edition Engrossed 3/31/21

     Short Title:   Excellent Public Schools Act of 2021.                                      (Public)
     Sponsors:      Senators Berger, Ballard, and Lee (Primary Sponsors).
     Referred to:   Education/Higher Education
                                              March 30, 2021

 1                                  A BILL TO BE ENTITLED
 2   AN ACT TO MODIFY THE IMPLEMENTATION OF THE NORTH CAROLINA READ TO
 3      ACHIEVE PROGRAM IN ORDER TO ATTAIN STATEWIDE READING
 4      PROFICIENCY BY THE THIRD GRADE.
 5   The General Assembly of North Carolina enacts:
 6
 7   PART I. TITLE
 8            SECTION 1. This act shall be known as the "Excellent Public Schools Act of 2021."
 9
10   PART II. DEFINITION OF SCIENCE OF READING
11              SECTION 2. G.S. 115C-83.3 reads as rewritten:
12   "§ 115C-83.3. Definitions.
13       The following definitions apply in this Part:
14              …
15              (7a) "Science of Reading" means evidence-based reading instruction practices that
16                     address the acquisition of language, phonological and phonemic awareness,
17                     phonics and spelling, fluency, vocabulary, oral language, and comprehension
18                     that can be differentiated to meet the needs of individual students.
19              …."
20
21   PART III. EARLY LITERACY PROGRAM AND LITERACY PROFESSIONAL
22   DEVELOPMENT
23               SECTION 3.(a) Article 8 of Chapter 115C of the General Statutes is amended by
24   adding a new section to read:
25   "§ 115C-83.4B. Early Literacy Program.
26        (a)    There is established the Early Literacy Program within the Department of Public
27   Instruction. The Department of Public Instruction, in consultation with the Department of Health
28   and Human Services, shall use the Early Literacy Program to build strong foundational early
29   literacy skills utilizing the Science of Reading for children in the North Carolina Prekindergarten
30   (NC Pre-K) program.
31        (b)    As part of the Early Literacy Program, the Department of Public Instruction shall
32   focus on at least the following components:
33               (1)       Provide a training program to educators and administrators working with
34                         children in the NC Pre-K program to ensure developmentally appropriate
35                         instruction grounded in the Science of Reading and outcomes promoting
36                         reading achievement in students. The Department of Public Instruction shall


                                           *S387-v-2*
     General Assembly Of North Carolina                                                    Session 2021
 1                       utilize a third-party independent teacher training program to deliver
 2                       professional development that demonstrates evidence-based success with
 3                       educators and administrators in establishing deep knowledge of literacy
 4                       instruction.
 5               (2)     Provide integration of age-appropriate resources, including digital and
 6                       technological resources, in the NC Pre-K program for children to meet reading
 7                       achievement goals.
 8               (3)     Ensure administration of a formative assessment to children at the conclusion
 9                       of their participation in the NC Pre-K program to determine their kindergarten
10                       readiness and the alignment of their literacy instruction with the Science of
11                       Reading. The Department shall also ensure that the results of each child's
12                       formative assessment are shared with the child's kindergarten teacher at the
13                       beginning of the next school year."
14               SECTION 3.(b) G.S. 115C-270.30(b) reads as rewritten:
15        "(b) Teacher Licensure Renewal. – Rules for continuing licensure for teachers shall
16   include the following:
17               (1)     For all teachers, at least eight continuing education credits with at least three
18                       credits required in a teacher's academic subject area.
19               (2)     For elementary school teachers, at least three continuing education credits
20                       related to literacy. Literacy renewal credits shall include evidence-based
21                       assessment, diagnosis, and intervention strategies for students not
22                       demonstrating reading proficiency. Oral language, phonemic and
23                       phonological awareness, phonics, vocabulary, fluency, and comprehension
24                       shall be addressed in literacy-related activities leading to license renewal for
25                       elementary school teachers.proficiency, grounded in the Science of Reading,
26                       as defined in G.S. 115C-83.3.
27               …."
28               SECTION 3.(c) Educators working with (i) children in the NC Pre-K program and
29   (ii) students in kindergarten through fifth grade shall participate in the training programs
30   contracted for as required by Section 5A(11) of S.L. 2021-1, as amended by Section 1.2 of S.L.
31   2021-3. Completion of this training shall satisfy the literacy continuing education credits required
32   for elementary school teachers in G.S. 115C-270.30(b)(2).
33               SECTION 3.(d) No later than September 15, 2022, the Department of Public
34   Instruction shall report on the establishment of the Early Literacy Program to the Joint Legislative
35   Education Oversight Committee. The report shall include information on the required
36   components of the Program, including at least the following:
37               (1)     Participation rates of NC Pre-K educators and administrators in the third-party
38                       independent teacher training program.
39               (2)     Examples of age-appropriate resources integrated into the NC Pre-K program.
40               (3)     The formative assessment provided to children at the end of their participation
41                       in the NC Pre-K program, including the number and percentage of (i) students
42                       who demonstrate kindergarten readiness and (ii) students who do not
43                       demonstrate kindergarten readiness.
44               SECTION 3.(e) This section applies beginning with the 2021-2022 school year.
45
46   PART IV. LITERACY TRAINING COURSEWORK FOR EDUCATOR PREPARATION
47   PROGRAM APPROVAL
48            SECTION 4.(a) G.S. 115C-269.20(a)(2) reads as rewritten:
49            "(2) EPPs providing training for elementary education teachers shall include the
50                 following:


     Page 2                                                             Senate Bill 387-Second Edition
     General Assembly Of North Carolina                                                  Session 2021
 1                      a.     Adequate coursework in the teaching of reading, writing, and
 2                             mathematics.
 3                     a1.     Coursework in the Science of Reading, as defined in G.S. 115C-83.3.
 4                     b.      Assessment prior to licensure to determine if a student possesses the
 5                             requisite knowledge in scientifically based reading, writing, and
 6                             mathematics instruction that is aligned with the State Board's
 7                             expectations.
 8                     c.      Instruction in application of formative and summative assessments
 9                             within the school and classroom setting through technology-based
10                             assessment systems available in State schools that measure and predict
11                             expected student improvement.
12                     d.      Instruction in integration of arts education across the curriculum."
13              SECTION 4.(b) G.S. 115C-269.20(a)(3) reads as rewritten:
14              "(3) EPPs providing training for elementary and special education general
15                     curriculum teachers shall ensure that students receive instruction in early
16                     literacy intervention strategies and practices that are aligned with the Science
17                     of Reading and State and national reading standards and shall include the
18                     following:
19                     a.      Instruction in the teaching of reading, including a substantive
20                             understanding of reading as a process involving oral language,
21                             phonological and phonemic awareness, phonics, fluency, vocabulary,
22                             and comprehension. Instruction shall include appropriate application
23                             of instructional supports and services and reading literacy
24                             interventions to ensure reading proficiency for all students.
25                     b.      Instruction in evidence-based assessment and diagnosis of specific
26                             areas of difficulty with reading development and of reading
27                             deficiencies.
28                     c.      Instruction in appropriate application of instructional supports and
29                             services and reading literacy interventions to ensure reading
30                             proficiency for all students."
31              SECTION 4.(c) This section applies to educator preparation programs applying for
32   approval or renewing approval on or after July 1, 2022.
33
34   PART V. ALIGN LITERACY CURRICULUM AND INSTRUCTION WITH READ TO
35   ACHIEVE
36               SECTION 5.(a) The State Board of Education shall develop literacy instruction
37   standards to ensure that instruction methods throughout the State are consistent and closely
38   aligned with the objectives of Part 1A of Article 8 of Chapter 115C of the General Statutes (Read
39   to Achieve). The State Board shall incorporate only the most effective literacy instruction
40   methods aligned with the Science of Reading into the standards developed. No later than May
41   15, 2022, the State Board of Education shall report to the Joint Legislative Education Oversight
42   Committee on the literacy instruction standards developed. No later than June 30, 2022, the State
43   Board shall provide to local boards of education the standards developed.
44               The Department of Public Instruction shall develop a literacy implementation plan
45   that would implement the standards developed by the State Board of Education. No later than
46   June 30, 2022, the Department shall provide to local boards of education (i) a model literacy
47   implementation plan that implements the standards developed and (ii) an example of a literacy
48   implementation plan that would not implement the standards developed and explanatory
49   guidance on why it would not implement the standards.
50               Each local school administrative unit shall evaluate its literacy curriculum and
51   instruction methods and shall modify as necessary to adhere to the standards developed by the

     Senate Bill 387-Second Edition                                                             Page 3
     General Assembly Of North Carolina                                                    Session 2021
 1   State Board and align with the model literacy implementation plan provided by the Department.
 2   No later than December 15, 2022, and in a form prescribed by the State Board, each local school
 3   administrative unit shall submit to the State Board a concise explanation of its literacy curriculum
 4   and instruction, as aligned with the standards and model literacy implementation plan.
 5               SECTION 5.(b) Regional case managers, or other appropriate staff as determined
 6   by the Department of Public Instruction, shall work to ensure that the standards developed by the
 7   State Board are implemented statewide by reviewing the curriculum and instruction methods of
 8   each local school administrative unit in each service area and by consulting with each local school
 9   administrative unit as needed to bring literacy instruction into compliance. Review and
10   modification of all literacy instruction statewide shall be complete no later than November 15,
11   2023. Modifications shall be implemented into curriculum and instruction as soon as possible,
12   and all curriculum and instruction as modified under this section shall be in place beginning with
13   the 2024-2025 school year.
14
15   PART VI. LITERACY INTERVENTIONS AND INDIVIDUAL READING PLANS
16               SECTION 6.(a) G.S. 115C-83.2(a) reads as rewritten:
17        "(a) The purposes of this Part are to ensure that (i) difficulty with reading development is
18   identified as early as possible; (ii) students receive appropriate instructional and support services
19   literacy interventions to address difficulty with reading development and to remediate reading
20   deficiencies; and (iii) each student and his or her parent or guardian be continuously informed of
21   the student's academic needs and progress."
22               SECTION 6.(b) G.S. 115C-83.3 reads as rewritten:
23   "§ 115C-83.3. Definitions.
24        The following definitions apply in this Part:
25               (1)     "Accelerated reading class" means a class where focused instructional
26                       supports and services literacy interventions are provided to increase a student's
27                       reading level at least two grades in one school year.
28               …
29               (3)     "Difficulty with reading development" means not demonstrating appropriate
30                       developmental abilities in any of the major reading areas, including, but not
31                       limited to, oral language, phonological or phonemic awareness, vocabulary,
32                       fluency, or comprehension, according to observation-based, diagnostic, or
33                       formative assessments.
34               (3a) "Individual Reading Plan" means a document outlining the specific reading
35                       skill deficiencies of a student who has demonstrated difficulty with reading
36                       development and includes the literacy interventions that the student will
37                       receive to address the reading skill deficiencies, as required by
38                       G.S. 115C-83.6B.
39               (4)     "Instructional supports and services" "Literacy interventions" mean
40                       intentional strategies used with a majority of students to facilitate reading
41                       development and remediate emerging difficulty with reading development.
42                       Instructional supports and services include, but are not limited to, Literacy
43                       interventions shall be grounded in the Science of Reading and include
44                       individual or small group instruction, instruction throughout the school year,
45                       reduced teacher-student ratios, frequent progress monitoring, tutoring in
46                       addition to the regular school day, reading camps, and extended learning
47                       time.time before or after the school day.
48               (4a) "Reading camp" means an additional educational program outside of the
49                       instructional calendar provided by the local school administrative unit as a
50                       literacy intervention that shall be offered to (i) any third grade student who
51                       does not demonstrate reading proficiency and (ii) any first or second grade

     Page 4                                                             Senate Bill 387-Second Edition
     General Assembly Of North Carolina                                                   Session 2021
 1                      student who demonstrates reading comprehension below grade level as
 2                      identified through administration of formative and diagnostic assessments in
 3                      accordance with G.S. 115C-83.6. difficulty with reading development. Local
 4                      school administrative units may offer a reading camp as a literacy intervention
 5                      to any first grade student who demonstrates difficulty with reading
 6                      development. Parents or guardians of the student not demonstrating reading
 7                      proficiency or demonstrating reading comprehension below grade level
 8                      offered a reading camp as a literacy intervention shall make the final decision
 9                      regarding the student's reading camp attendance. Reading camps shall (i) offer
10                      at least 72 hours of reading instruction to yield positive reading outcomes for
11                      participants; (ii) be taught by compensated, licensed teachers selected based
12                      on demonstrated student outcomes in reading proficiency or in improvement
13                      of difficulties with reading development; and (iii) allow volunteer mentors to
14                      read with students at times other than during the 72 hours of reading
15                      instruction. The 72 hours of reading instruction shall be provided over no less
16                      than three weeks for students in schools using calendars other than year-round
17                      calendars.
18              (5)     "Reading deficiency" means not reading at the third grade level by the end of
19                      the student's third grade year, demonstrated by the results of the
20                      State-approved standardized test of reading comprehension administered to
21                      third grade students.
22              (6)     "Reading interventions" mean evidence-based strategies frequently used to
23                      remediate reading deficiencies and include, but are not limited to, individual
24                      instruction, tutoring, or mentoring that target specific reading skills and
25                      abilities.
26              (7)     "Reading proficiency" means reading at or above the third grade level by the
27                      end of a student's third grade year, demonstrated by the results of the
28                      State-approved standardized test of reading comprehension administered to
29                      third grade students.
30              …
31              (10)     "Transitional third and fourth class combination" means a classroom
32                       specifically designed to produce learning gains sufficient to meet fourth grade
33                       performance standards while continuing to remediate areas of reading
34                       deficiency.the student's difficulty with reading development."
35               SECTION 6.(c) G.S. 115C-83.6 reads as rewritten:
36   "§ 115C-83.6. Facilitating early grade reading proficiency.
37       (a)     Kindergarten, first, second, and third grade students shall be assessed with valid,
38   reliable, formative, and diagnostic reading assessments made available to local school
39   administrative units by the State Board of Education pursuant to G.S. 115C-174.11(a). Difficulty
40   with reading development identified through administration of formative and diagnostic
41   assessments shall be addressed with instructional supports and services. literacy interventions
42   outlined in the student's Individual Reading Plan. Parents or guardians of first and second grade
43   students demonstrating reading comprehension below grade level as identified through
44   assessments administered pursuant to this subsection offered a reading camp as a literacy
45   intervention shall be encouraged to enroll their student in a the reading camp provided by the
46   local school administrative unit. Parents or guardians of a student identified as demonstrating
47   reading comprehension below grade level shall make the final decision regarding a student's
48   reading camp attendance.
49       …
50       (b)     Formative and diagnostic assessments and resultant instructional supports and
51   services literacy interventions shall address oral language, phonological and phonemic

     Senate Bill 387-Second Edition                                                              Page 5
     General Assembly Of North Carolina                                                      Session 2021
 1   awareness, phonics, vocabulary, fluency, and comprehension using developmentally appropriate
 2   practices. These assessments may be administered by computer or other electronic device.
 3       (c)      Local school administrative units are encouraged to partner with community
 4   organizations, businesses, and other groups to provide volunteers, mentors, or tutors to assist
 5   with the provision of instructional supports and services literacy interventions that enhance
 6   reading development and proficiency."
 7                SECTION 6.(d) Article 8 of Chapter 115C of the General Statutes is amended by
 8   adding a new section to read:
 9   "§ 115C-83.6A. Approval of literacy intervention plans.
10       (a)      Each local school administrative unit shall submit to the Department of Public
11   Instruction a plan for the literacy interventions it will offer, including reading camps, in the
12   following school year no later than October 1. The plan shall include information about the local
13   school administrative unit's efforts to staff reading camps with the most qualified teachers
14   possible, including the unit's efforts to attract teachers associated with high growth in reading
15   based on EVAAS data and teachers who have earned a reading bonus. The plan shall incorporate
16   any feedback received from the Department on the previous year's plan. As part of their plans,
17   local school administrative units are encouraged to partner with other local school administrative
18   units and with community organizations to enhance literacy interventions.
19       (b)      The Department of Public Instruction shall review each local school administrative
20   unit's plan and approve only those literacy interventions that (i) provide instruction that is closely
21   aligned with the goals and meet the requirements in this Part and (ii) comply with the literacy
22   intervention standards published by the State Board of Education. No later than February 15, the
23   Department shall notify each local school administrative unit of approval or denial of its plan and
24   shall provide feedback if the plan is denied. No later than February 15, the Department shall
25   report to the Joint Legislative Education Oversight Committee on which local school
26   administrative units have literacy intervention plans that were (i) approved and (ii) denied. No
27   later than March 15, if its plan was denied, a local school administrative unit may submit an
28   amended plan to the Department of Public Instruction. The Department shall notify the local
29   school administrative unit if the amended plan is approved or denied no later than April 15.
30       (c)      State-provided literacy intervention funds shall not be released to any local school
31   administrative unit for which a literacy intervention plan has not been approved by the
32   Department of Public Instruction by April 15. Any local school administrative unit denied
33   approval shall use local funds to fulfill the requirement to provide literacy interventions as
34   provided in this Part."
35                SECTION 6.(e) Article 8 of Chapter 115C of the General Statutes is amended by
36   adding a new section to read:
37   "§ 115C-83.6B. Individual Reading Plans.
38       (a)      An Individual Reading Plan (IRP) shall be developed for any student in kindergarten
39   through third grade demonstrating difficulty with reading development based on the results of
40   either (i) the first diagnostic or formative assessment of the school year or (ii) the first diagnostic
41   or formative assessment of the second semester of the school year. The IRP shall be continually
42   adjusted based on multiple data sources as prescribed by the Department of Public Instruction,
43   indicating that the student is not progressing toward grade-level standards in one or more major
44   reading areas. Based on the most recently collected data, the IRP shall include the following
45   information, specific to the identified student:
46                (1)      The specific reading skill deficiencies identified by assessment data.
47                (2)      Goals and benchmarks for growth.
48                (3)      The means by which progress will be monitored and evaluated.
49                (4)      The specific additional literacy interventions the student will receive.
50                (5)      The Science of Reading–based instructional programming the teacher will
51                         implement.

     Page 6                                                               Senate Bill 387-Second Edition
     General Assembly Of North Carolina                                                    Session 2021
 1              (6)      Any additional services the teacher deems appropriate to accelerate the
 2                       student's reading skill and development.
 3       (b)     A student's parent or guardian shall be given notice that the student has been identified
 4   as having difficulty with reading development and that an IRP has been developed. The notice
 5   shall provide the parent or guardian the following:
 6               (1)     Specific strategies that can be easily understood and implemented to assist the
 7                       student in reading at grade level.
 8               (2)     Encouragement to select one or more strategies for use at home that build on
 9                       the student's interests and are most likely to engage the student and result in
10                       reading improvement.
11               (3)     Direction to free online or hard copy literacy resources that can be accessed
12                       via a prominently displayed area on the homepage of the primary website
13                       maintained by the Department of Public Instruction and by the local school
14                       administrative unit.
15       (c)     A multitiered system of support intervention may be used to satisfy the requirements
16   of this section if all of the components of subsection (a) of this section are incorporated in the
17   intervention.
18       (d)     The Department shall develop the following model documentation of compliance
19   with the requirements of this section:
20               (1)     An IRP checklist.
21               (2)     An alternative document for use with a multitiered system of support
22                       intervention."
23               SECTION 6.(f) G.S. 115C-83.7 reads as rewritten:
24   "§ 115C-83.7. Elimination of social promotion.
25       …
26       (b)     Students may be exempt from mandatory retention in third grade for good cause, but
27   shall continue to be eligible to participate in reading camps, receive instructional supports and
28   services and reading camps and receive literacy interventions appropriate for their age and
29   reading level. Good cause exemptions shall be limited to the following:
30               (1)     Limited English Proficient students with less than two school years of
31                       instruction in an English as a Second Language program.
32               (2)     Students with disabilities, as defined in G.S. 115C-106.3(1), and whose
33                       individualized education program indicates (i) the use of the NCEXTEND1
34                       alternate assessment, (ii) at least a two school year delay in educational
35                       performance, or (iii) receipt of intensive reading literacy interventions for at
36                       least two school years.
37               (3)     Students who demonstrate reading proficiency appropriate for third grade
38                       students on an alternative assessment approved by the State Board of
39                       Education.
40               (4)     Students who demonstrate, through a student reading portfolio, reading
41                       proficiency appropriate for third grade students. Student reading portfolio and
42                       review processes used by local school administrative units shall be approved
43                       by the State Board of Education.
44               (5)     Students who have (i) received reading intervention literacy interventions and
45                       (ii) previously been retained more than once in kindergarten, first, second, or
46                       third grades.
47       (c)     The superintendent shall determine whether a student may be exempt from mandatory
48   retention on the basis of a good cause exemption. The following steps shall be taken in making
49   the determination:
50               (1)     The teacher of a student eligible for a good cause exemption shall submit
51                       documentation of the relevant exemption and evidence that promotion of the

     Senate Bill 387-Second Edition                                                               Page 7
     General Assembly Of North Carolina                                                   Session 2021
 1                      student is appropriate based on the student's academic record to the principal.
 2                      Such evidence shall be limited to the student's individual individualized
 3                      education program, if applicable, alternative assessment, or student reading
 4                      portfolio.
 5               …."
 6               SECTION 6.(g) G.S. 115C-83.8 reads as rewritten:
 7   "§ 115C-83.8. Successful reading development for retained students.
 8       (a)     Parents or guardians of students not demonstrating reading proficiency shall be
 9   encouraged to enroll their student in a reading camp provided by the local school administrative
10   unit. Parents or guardians of a student not demonstrating reading proficiency shall make the final
11   decision regarding a student's reading camp attendance. Local school administrative units shall
12   provide at least one opportunity for students not participating in a reading camp to demonstrate
13   reading proficiency appropriate for third grade students on an alternative assessment or through
14   a student reading portfolio process approved by the State Board of Education prior to retaining
15   the student.
16       (b)     Students retained under G.S. 115C-83.7(a) shall be provided with a teacher selected
17   based on demonstrated student outcomes in reading proficiency and placed in an accelerated
18   reading class or a transitional third and fourth grade class combination, as appropriate. Classroom
19   instruction shall include at least 90 minutes of daily, uninterrupted, evidence-based reading
20   Science of Reading–based instruction, not to include independent reading time, and other
21   appropriate instructional supports and services and reading interventions.literacy interventions,
22   as outlined in each student's Individual Reading Plan.
23       …
24       (e)     Parents or guardians of students who have been retained twice under the provisions
25   of G.S. 115C-83.7(a) shall be offered supplemental tutoring grounded in the Science of Reading
26   for the retained student in evidence-based reading services outside the instructional day."
27               SECTION 6.(h) G.S. 115C-83.9(b) reads as rewritten:
28       "(b) Parents or guardians of any student who is to be retained under the provisions of
29   G.S. 115C-83.7(a) shall be notified in writing of the reason the student is not eligible for a good
30   cause exemption as provided in G.S. 115C-83.7(b). Written notification shall also include a
31   description of proposed reading literacy interventions that will be provided to the student to
32   remediate identified areas of reading deficiency.areas where the student has not demonstrated
33   reading proficiency."
34               SECTION 6.(i) G.S. 115C-83.10 reads as rewritten:
35   "§ 115C-83.10. Accountability measures.
36       …
37       (b)     Each local board of education shall report annually in writing to the State Board of
38   Education by September 1 of each year the following information on the prior school year:
39               (1)      A description of all reading literacy interventions provided to students who
40                        have been retained under G.S. 115C-83.7(a).
41               (2)      The number of first and second grade students attending a reading camp
42                        offered by the local board.
43               (3)      The license area or areas, years of licensed teaching experience, grade level
44                        assignment, and any other specific subject-area assignments of each teacher
45                        providing instruction at a reading camp.
46               (4)      The number and percentage of teachers providing instruction at a reading
47                        camp who were paid a reading performance bonus during the school year
48                        immediately preceding the reading camp and the grade level on which the
49                        bonus was based.
50               (5)      The number of kindergarten through third grade students with an Individual
51                        Reading Plan.

     Page 8                                                            Senate Bill 387-Second Edition
     General Assembly Of North Carolina                                                   Session 2021
 1       (b1) Each local board of education shall report annually in writing to the State Board of
 2   Education by November 15 of each year, for the prior school year, (i) the number and percentage
 3   of third grade students who did not demonstrate proficiency upon entering reading camp and who
 4   became proficient after completing reading camp and (ii) for each grade level, the number and
 5   percentage of first and second grade students who demonstrated reading comprehension below
 6   grade level difficulty with reading upon entering camp and who demonstrated reading
 7   comprehension at or above grade level after completing reading camp.
 8       (b2) Each local board of education shall report annually in writing to the State Board of
 9   Education by November 15 of each year the number and percentage of retained third grade
10   students placed in an accelerated reading class or transitional third and fourth class combination
11   under G.S. 115C-83.8(b) in the prior school year who were (i) promoted midyear as provided in
12   G.S. 115C-83.8(c) or (ii) promoted directly to fifth grade for the school year following the
13   retention.
14       (c)      The State Board of Education shall establish a uniform format for local boards of
15   education to report the required information listed in subsections (a) and (b) of this section and
16   shall provide the format to local boards of education no later than 90 days prior to the annual due
17   date. The State Board of Education shall compile annually this information and submit a
18   State-level summary to the Governor, the President Pro Tempore of the Senate, the Speaker of
19   the House of Representatives, and the Joint Legislative Education Oversight Committee by
20   December 15, 2016, and annually thereafter. The State-level summary shall include, for each
21   local school administrative unit, every component listed in subsections (a), (b), and (b1) (b1),
22   and (b2) of this section.
23       …."
24                SECTION 6.(j) G.S. 115C-83.11 reads as rewritten:
25   "§ 115C-83.11. Continued support for students demonstrating reading proficiency and
26                appropriate reading development.
27       (a)      Parents or guardians of a third grade student demonstrating reading proficiency
28   appropriate for a third grade student as provided under G.S. 115C-83.7 or a first or second grade
29   student demonstrating appropriate developmental abilities in reading comprehension may choose
30   to enroll the student in the reading camp as defined in G.S. 115C-83.3(4a) but may be charged
31   an attendance fee. If a local board of education offers a reading camp as a literacy intervention
32   for first grade students, parents, or guardians of a first grade student demonstrating appropriate
33   developmental abilities in reading comprehension may choose to enroll the student in the reading
34   camp but may be charged an attendance fee. Local boards of education may establish a fee
35   amount to be equal to the per student program cost of participating in the reading camp, not to
36   exceed eight hundred twenty-five dollars ($825.00).
37       (b)      Priority enrollment in the reading camp is for (i) third grade students not
38   demonstrating reading proficiency as provided under G.S. 115C-83.8 and (ii) first and second
39   grade students demonstrating reading comprehension below grade level under G.S. 115C-83.6.
40   students offered a reading camp as a literacy intervention. Local boards of education shall
41   establish application procedures and enrollment priorities for reading camps for students
42   demonstrating reading proficiency."
43                SECTION 6.(k) The State Board of Education and the Department of Public
44   Instruction shall conduct an analysis of literacy interventions, including reading camps, provided
45   throughout the State in order to determine which literacy intervention activities and instructional
46   methods are most effective in furthering reading development. Based on this analysis, the State
47   Board and the Department shall develop literacy intervention standards, including reading camp
48   standards, that incorporate the most effective activities and instructional methods. No later than
49   December 15, 2021, the State Board shall report to the Joint Legislative Education Oversight
50   Committee on the standards developed in accordance with this section and any recommended


     Senate Bill 387-Second Edition                                                              Page 9
     General Assembly Of North Carolina                                                    Session 2021
 1   legislation to further improve the effectiveness of literacy interventions and shall publish the
 2   standards.
 3               SECTION 6.(l) Each local school administrative unit shall submit to the Department
 4   of Public Instruction a plan for the literacy interventions it will offer, including reading camps,
 5   no later than March 1, 2022. The plan shall include information about the local school
 6   administrative unit's efforts to staff reading camps with the most qualified teachers possible,
 7   including the unit's efforts to attract teachers associated with high growth in reading based on
 8   EVAAS data and teachers who have earned a reading bonus. As part of their plans, local school
 9   administrative units are encouraged to partner with other local school administrative units and
10   with community organizations to enhance literacy interventions.
11               The Department shall review each local school administrative unit's plan and provide
12   feedback as necessary to ensure that literacy interventions provided throughout the State are
13   closely aligned with the goals and meet the requirements of Part 1A of Article 8 of Chapter 115C
14   of the General Statutes (Read to Achieve) and comply with the literacy intervention standards
15   published by the State Board of Education. The Department shall provide feedback to local
16   school administrative units, including feedback on efforts to attract highly qualified teachers, no
17   later than May 15, 2022. The Department may provide a form to local school administrative units
18   for the purpose of submitting their plans for review, and local school administrative units shall
19   submit their plans on the form, if provided by the Department for this purpose.
20               SECTION 6.(m) Subsection (k) of this section applies when this act becomes law.
21   Subsection (l) of this section applies to the 2021-2022 school year. The rest of this section applies
22   beginning with the 2022-2023 school year.
23
24   PART VII. READING CAMPS, BONUSES, AND THE EXCELLENT PUBLIC
25   SCHOOLS ACT FUND
26               SECTION 7.(a) G.S. 115C-83.3(4a), as amended by Section 6(b) of this act, reads
27   as rewritten:
28               "(4a) "Reading camp" means an additional educational program outside of the
29                     instructional calendar provided by the local school administrative unit as a
30                     literacy intervention that shall be offered to (i) any third grade student who
31                     does not demonstrate reading proficiency and (ii) any second grade student
32                     who demonstrates difficulty with reading development. Local school
33                     administrative units may offer a reading camp as a literacy intervention to any
34                     first grade student who demonstrates difficulty with reading development.
35                     Parents or guardians of the student offered a reading camp as a literacy
36                     intervention shall make the final decision regarding the student's reading camp
37                     attendance. Reading camps shall (i) offer at least 72 hours of reading
38                     instruction to yield positive reading outcomes for participants; (ii) be taught
39                     by compensated, licensed teachers selected based on demonstrated student
40                     outcomes in reading proficiency or in improvement of difficulties with
41                     reading development; and (iii) allow volunteer mentors to read with students
42                     at times other than during the 72 hours of reading instruction."
43               SECTION 7.(b) Article 8 of Chapter 115C of the General Statutes is amended by
44   adding a new section to read:
45   "§ 115C-83.7A. Reading camps.
46       (a)     Reading camps shall meet the following requirements:
47               (1)   Offer at least 72 hours of reading instruction to yield positive reading
48                     outcomes for participants.
49               (2)   Be taught by compensated, licensed teachers selected based on demonstrated
50                     student outcomes in reading proficiency or in improvement of difficulties with
51                     reading development.

     Page 10                                                            Senate Bill 387-Second Edition
     General Assembly Of North Carolina                                                   Session 2021
 1              (3)       Allow volunteer mentors to read with students at times other than during the
 2                        72 hours of reading instruction.
 3       (b)      Each local school administrative unit shall provide a signing bonus in an amount
 4   determined by the local board of education that is at least one thousand two hundred dollars
 5   ($1,200) to any teacher who meets all of the following criteria:
 6                (1)     Is associated with high growth in reading based on EVAAS data.
 7                (2)     Was awarded a reading performance bonus administered by the Department
 8                        of Public Instruction.
 9                (3)     Accepts employment to provide instruction during a reading camp.
10       (c)      Each local school administrative unit shall provide a reading camp performance bonus
11   to a teacher who provided instruction at a third grade reading camp in a per-student amount
12   determined by the local board of education that is at least one hundred fifty dollars ($150.00) for
13   each student not demonstrating reading proficiency assigned to that teacher who demonstrates
14   reading proficiency on an alternative assessment at the end of the reading camp.
15       (d)      Notwithstanding G.S. 135-1(7a), any bonus awarded pursuant to subsections (b) and
16   (c) of this section is not compensation under Article 1 of Chapter 135 of the General Statutes, the
17   Teachers' and State Employees' Retirement System.
18       (e)      A teacher who has earned a reading performance bonus and who provides instruction
19   throughout a full reading camp shall be deemed to have completed two of the continuing
20   education credits related to literacy required by G.S. 115C-270.30(b)(2)."
21                SECTION 7.(c) G.S. 115C-83.7A(a), as enacted by subsection (b) of this section,
22   reads as rewritten:
23       "(a) Reading camps shall meet the following requirements:
24                (1)     Offer at least 72 hours of reading instruction to yield positive reading
25                        outcomes for participants.
26                (2)     Be taught by compensated, licensed teachers selected based on demonstrated
27                        student outcomes in reading proficiency or in improvement of difficulties with
28                        reading development.
29                (3)     Allow volunteer mentors to read with students at times other than during the
30                        72 hours of reading instruction.
31                (4)     Be provided as outlined in the local school administrative unit's literacy
32                        intervention plan."
33                SECTION 7.(d) To provide the signing bonus required under G.S. 115C-83.7A, as
34   enacted by this act, local school administrative units shall use the funds contained in Section
35   7A.1 of S.L. 2012-142, other than the funds provided for reading camps, and federal funds
36   received by a local school administrative unit for the purpose of responding to the impacts of
37   COVID-19. A reading performance bonus refers to a bonus awarded to third, fourth, or fifth
38   grade teachers based on EVAAS student growth index scores.
39                SECTION 7.(e) To provide the reading camp performance bonus required under
40   G.S. 115C-83.7A, as enacted by this act, local school administrative units shall use the funds
41   contained in Section 7A.1 of S.L. 2012-142, other than the funds provided for reading camps,
42   and federal funds received by a local school administrative unit for the purpose of responding to
43   the impacts of COVID-19.
44                SECTION 7.(f) Within funds available, including federal funds received by a local
45   school administrative unit for the purpose of responding to the impacts of COVID-19, each local
46   school administrative unit shall carry out the elements of the Excellent Public Schools Act
47   contained in Part 1A of Article 8 of Chapter 115C of the General Statutes.
48                SECTION 7.(g) Funds provided for reading camps that are contained in Section
49   7A.1 of S.L. 2012-142 shall be used only for reading camps. To support early literacy, the
50   Department of Public Instruction is encouraged to maximize the use of the funds contained in
51   Section 7A.1 of S.L. 2012-142 each year.

     Senate Bill 387-Second Edition                                                            Page 11
     General Assembly Of North Carolina                                                     Session 2021
 1               SECTION 7.(h) Local school administrative units may use the funds contained in
 2   Section 7A.1 of S.L. 2012-142, other than the funds provided for reading camps, to provide any
 3   other literacy interventions described in the local school administrative unit's literacy intervention
 4   plan.
 5               SECTION 7.(i) For reading camps corresponding to the 2020-2021 school year, a
 6   teacher who has earned a reading bonus and who provides instruction throughout a full reading
 7   camp shall be deemed to have completed two continuing education credits related to literacy, as
 8   required by G.S. 115C-270.30(b)(2).
 9               SECTION 7.(j) Subsection (c) of this section becomes effective July 1, 2022, and
10   applies beginning with the 2022-2023 school year. Subsections (f) and (i) of this section are
11   effective when they become law. Subsection (h) of this section is effective when it becomes law
12   and applies beginning with the 2022-2023 school year. The remainder of this section becomes
13   effective July 1, 2021, and applies beginning with the 2021-2022 school year.
14
15   PART VIII. DIGITAL CHILDREN'S READING INITIATIVE
16               SECTION 8. The Department of Public Instruction shall develop a Digital Children's
17   Reading Initiative (Initiative) for the purpose of increasing the percentage of school children
18   throughout the State who are reading proficiently by the end of third grade. The Initiative shall
19   be aligned with the Science of Reading and shall reflect the standards taught in each grade level
20   from kindergarten to third grade. The Initiative shall be designed to assist parents, guardians, and
21   family members in cultivating confident, proficient, lifelong readers by providing free tools and
22   resources that can be easily incorporated into everyday life.
23               The Initiative may utilize existing third-party resources that align with the Science of
24   Reading by providing selected links to thoroughly vetted, high-quality resources that reflect the
25   standard course of study for each grade level. Links shall be specifically categorized by skill
26   deficiency and grade level so that parents, guardians, and family members can be quickly
27   connected to effective resources targeted to each student's needs. The Department of Public
28   Instruction shall frequently monitor all resources linked to the Initiative to ensure that all links
29   are up-to-date and that resources remain consistent with the purpose set out in this section. All
30   resources included in the Initiative shall be available to the public without required login
31   credentials and shall be accessible directly through a prominently displayed area on the
32   homepage of the Department's website. The Initiative shall make home activities, printables, and
33   games available on the following literacy skills, as appropriate for each grade level:
34               (1)     Phonemic awareness.
35               (2)     Phonics.
36               (3)     Vocabulary.
37               (4)     Fluency.
38               (5)     Comprehension.
39               (6)     Oral language.
40               No later than January 15, 2022, the Department of Public Instruction shall disseminate
41   the fully developed Digital Children's Reading Initiative to all local school administrative units.
42   Each local school administrative unit shall make Initiative resources accessible directly through
43   a prominently displayed area on the homepage of the unit's website no later than July 1, 2022.
44   Local school administrative units may compile and add additional high-quality resources that
45   meet the requirements of this section to those provided to them by the Department of Public
46   Instruction. Printable activities shall be provided in hard copy by the local school administrative
47   unit to students who do not have digital access at home and may be provided to all students as a
48   supplement to digital resources.
49
50   PART IX. PHASE OUT CERTAIN ALTERNATIVE ASSESSMENTS
51            SECTION 9.(a) G.S. 115C-83.3(2) reads as rewritten:

     Page 12                                                             Senate Bill 387-Second Edition
     General Assembly Of North Carolina                                                   Session 2021
 1              "(2)    "Alternative assessment" means a valid and reliable standardized assessment
 2                      of reading comprehension, approved by the State Board of Education, that is
 3                      not the same test as the State-approved standardized test of reading
 4                      comprehension administered to third grade students. The State Board of
 5                      Education shall (i) provide several the valid and reliable alternative
 6                      assessments assessment to local school administrative units upon request, (ii)
 7                      approve valid and reliable alternative assessments submitted by local school
 8                      administrative units, and (iii) request and establish achievement level ranges
 9                      for each the approved alternative assessment. The State Board of Education
10                      shall annually review all the alternative assessments assessment to ensure
11                      ongoing relevance, validity, and reliability."
12               SECTION 9.(b) Based on data collected pursuant to G.S. 115C-83.10 and any other
13   data useful for this purpose, the State Board of Education shall analyze the passage rates for
14   alternative assessments in order to determine the comparative utility of each alternative
15   assessment. No later than October 15, 2021, the State Board shall submit a report to the Joint
16   Legislative Education Oversight Committee on the results of its analysis, along with the one
17   alternative assessment it recommends using.
18               SECTION 9.(c) Subsection (a) of this section applies beginning with the 2022-2023
19   school year.
20
21   PART X. ENHANCE DATA COLLECTION
22               SECTION 10.(a) The Department of Public Instruction shall create a uniform
23   template for all data collected pursuant to Part 1A of Article 8 of Chapter 115C of the General
24   Statutes (Read to Achieve) beginning with data collected during the 2013-2014 school year and
25   for each school year thereafter. The template shall include clear designations for each data
26   component reported. A numerical value shall be provided for all data values pertaining to
27   school-wide measures, including those data values reporting fewer than 10 students. Where a
28   measure is disaggregated in a manner that may allow the identity of a student to be disclosed,
29   data values reporting 10 or fewer students may be suppressed to protect student privacy. Data
30   values that are suppressed for this purpose shall be denoted in a different manner than data values
31   left incomplete or unreported. Data values shall be compiled for each data component for each
32   school year, beginning with the 2013-2014 school year, and shall be provided to the Joint
33   Legislative Education Oversight Committee in the uniform template created pursuant to this
34   subsection no later than April 15, 2022.
35               SECTION 10.(b) G.S. 115C-83.6(a2) reads as rewritten:
36        "(a2) The Department of Public Instruction shall provide for EVAAS analysis all formative
37   and diagnostic assessment data collected pursuant to this section for kindergarten through third
38   grade. The Department shall use a uniform template for all data collected, and the template shall
39   be used each time data is provided. The template shall include clear designations for each data
40   component reported."
41               SECTION 10.(c) This section applies beginning with the 2021-2022 school year and
42   shall include the reporting of required data from the 2020-2021 school year.
43
44   PART XI. EFFECTIVE DATE
45            SECTION 11. Except as otherwise provided, this act is effective when it becomes
46   law.




     Senate Bill 387-Second Edition                                                            Page 13


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