SB 990

SENATE BILL NO. 990
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280f (MCL 380.1280f), as amended
by 2024 PA 146.
the people of the state of michigan enact:
Sec. 1280f. (1) The department shall do
all of the following to help ensure that more pupils will achieve a score of at
least proficient in English language arts on the grade 3 state assessment:
(a) Subject to
subsection (4) and subject to the availability of valid and reliable
assessments, approve 3 or more valid and reliable screening and
progress-monitoring reading assessments for selection and use by school
districts and public school academies in accordance with the following:
(i) Each approved assessment must provide a
screening assessment and monitoring capabilities for monitoring progress toward
a growth target.
(ii) In determining which assessments to
approve for use by school districts and public school academies, the department
shall also consider at least the following factors:
(A) The time
required to conduct the assessments, with the intention of minimizing the
impact on instructional time.
(B) The level of
integration of assessment results with instructional support for teachers and
pupils.
(C) The timeliness
in reporting assessment results to teachers, administrators, and parents.
(D) The degree of
compatibility with other approved statewide assessment measures, to minimize
the impact on instructional time.
(b) Recommend or
develop a literacy coach model with the following features:
(i) Except as otherwise provided in this
section, district-identified literacy coaches shall support teachers to use
what was taught during initial professional development in all of the
following:
(A) Providing
instruction meeting the criteria listed in subsection (10)(a)(iv) as needed, based on an analysis of pupil
performance data.
(B) Administering,
scoring, and interpreting assessments under this section with fidelity.
(C) Providing
differentiated instruction and intensive intervention, including, but not
limited to, methods to intensify instructional interventions for decoding and
word recognition.
(D) Using data
diagnostically to adjust intervention instruction and to understand reasons why
a pupil may not be responding to intervention instruction as expected.
(E) Using progress
monitoring.
(F) Identifying and
addressing reading deficiency.
(G) Using
evidence-based instructional methods and the features of evidence-based
interventions for pupils who experience difficulties with decoding and word
recognition.
(H) The
professional learning requirements under subsection (7), as appropriate.
(I) The appropriate
use of statewide professional learning tools and evidence-based practices that
meet the research requirements consistent with the science of reading.
(ii) Except as otherwise provided in this
section, district-identified literacy coaches shall also do all of the
following:
(A) Model
evidence-based instructional strategies for teachers.
(B) Facilitate
study groups.
(C) Advise in
developing schoolwide and classroom infrastructure to meet the collective and
individual needs of pupils using a multi-tiered system of support (MTSS).
(D) Train teachers
and school staff in data analysis and using data to differentiate instruction.
(E) Coach and
mentor colleagues.
(F) Work with
teachers to ensure that evidence-based reading curriculum resources such as
comprehensive core reading curriculum resources and reading intervention
programs are implemented with fidelity.
(G) Train teachers
and school staff to identify and address reading deficiency.
(H) Work with
teachers in applying evidence-based reading strategies in other content areas,
including, but not limited to, prioritizing time spent on those teachers,
activities, and roles that will have the greatest impact on pupil achievement
and prioritizing coaching and mentoring in classrooms.
(I) Help to
increase instructional density to meet the needs of all pupils.
(J) Help lead and
support reading leadership teams at the school.
(K) Continue to
increase the district-identified literacy coach's knowledge base in best
practices in reading instruction and intervention that are supported by the
research requirements consistent with the science of reading.
(L) For each
teacher who teaches in a classroom for grades K to 3 and for each teacher whose
classroom includes a pupil with an individual reading improvement plan, model
for the teacher, and coach the teacher in, instruction with pupils in whole and
small groups.
(iii) In the context of performing the
functions described in subparagraph (ii), a district-identified literacy coach must not be asked to perform
administrative functions that will confuse the district-identified literacy
coach's role for a teacher's role.
(iv) District-identified literacy coaches
must meet all of the following:
(A) Have experience
as a successful classroom teacher.
(B) Have sufficient
knowledge of scientifically based reading research, special expertise in
quality reading instruction and infusing reading strategies into content area
instruction, and data management skills.
(C) Have a strong
knowledge base in working with adults.
(D) Have a minimum
of a bachelor's degree and advanced coursework in reading or have completed
professional development in evidence-based literacy instructional strategies.
(E) By the
beginning of the 2027-2028 school year, meet the professional learning
requirements under subsection (7).
(v) A district-identified literacy coach
must not be assigned a regular classroom teaching assignment, but is expected
to work frequently with pupils in whole and small group intervention
instruction by modeling and coaching in or outside of teachers' classrooms.
(c) By the
beginning of the 2027-2028 school year, provide technical assistance to school
districts, intermediate school districts, public school academies, and the
schools operated by the school districts, intermediate school districts, and
public school academies to aid the school districts, intermediate school
districts, public school academies, and the schools operated by the school
districts, intermediate school districts, and public school academies in
reporting information contained in a pupil's individual reading improvement
plan.
(2) Beginning not
later than September 1, 2025, the department shall develop dyslexia expertise
to provide technical assistance to school districts, intermediate school
districts, and public school academies regarding dyslexia and underlying
factors that place pupils at risk for difficulties in learning to decode
accurately and efficiently. The department shall offer expertise under this
subsection by providing guidance on at least both of the following:
(a) Structured
literacy.
(b) Professional
learning about dyslexia to school districts, intermediate school districts, and
public school academies.
(3) To support the
implementation of the requirements under this section, the department, based on
current research, shall regularly review and update the Michigan Dyslexia
Handbook or a similar publicly available dyslexia resource guide that includes
information regarding the education of pupils with dyslexia or characteristics
of dyslexia, to be used by school districts, intermediate school districts, and
public school academies. Reviews and updates under this subsection must be
conducted at an interval not to exceed 5 years.
(4) By not later
than January 1, 2026, the department shall provide a list of approved valid and
reliable screening and progress monitoring reading assessments for selection
and use by school districts and public school academies under subsection (1)
and, in addition to meeting applicable requirements under subsection (1),
identify, within each approved assessment for selection and use by school
districts and public school academies under subsection (1), a list of the
elements of a reliable and valid universal screening assessment for the purpose
of identifying pupils with characteristics of dyslexia or difficulties in
learning to decode accurately and efficiently that are or are not included in
the approved assessment. Beginning not later than September 1, 2026, the
department shall develop dyslexia expertise to provide technical assistance to
school districts, intermediate school districts, and public school academies
regarding the appropriate selection and use at each grade level of reliable and
valid universal screening assessments for the identification of pupils who
exhibit characteristics of dyslexia and pupils who display difficulties in
learning to decode accurately and efficiently, including those described in
subsection (1), to minimize the impact on instructional time.
(5) By not later
than January 1, 2026, the department shall publish a list of evidence-based
tier 1, class-wide elementary reading curricula and materials that are aligned
with science of reading methods that research has shown to improve literacy
outcomes and help pupils achieve reading proficiency. The department shall
develop dyslexia expertise to provide technical assistance to school districts,
intermediate school districts, and public school academies regarding
evidence-based instructional methods and the features of evidence-based
interventions for pupils exhibiting the characteristics of dyslexia or pupils
who have difficulties in learning to decode accurately and efficiently that
include instructional methods and curriculum resources that use a code emphasis
approach to address the decoding and word-recognition components of reading and
that are supported by the science of reading. Except as otherwise provided in
this section, the instructional methods and curriculum resources described in
this subsection must not include instructional methods or curriculum resources
that minimize the importance of primarily using letter-sound information to
decode or recognize unknown words, including, but not limited to, any of the
uses of letter-sound information described in subsection (23)(c)(iii)(A) to (E), unless such instructional
methods and curriculum resources are being used to confirm the meaning of
unknown words after decoding has been attempted.
(6) By not later
than August 1, 2027, each school district, intermediate school district, and
public school academy shall update its selection of a valid and reliable
screening and progress-monitoring reading assessment under subsection (9) to
ensure that the selected system includes a reliable and valid universal
screening assessment in accordance with subsection (4) and the guidance
provided by the department under subsection (4), if it does not do so already.
In complying with this subsection, a school district, intermediate school
district, or public school academy shall minimize the impact on instructional
time by selecting approved assessments that include elements fulfilling
multiple assessment requirements as described in subsection (18), or, when appropriate,
by adding approved assessment measures or combining compatible approved
assessments that, when utilized together, include all of the elements of a
reliable and valid universal screening assessment.
(7) By not later
than the beginning of the 2027-2028 school year, each school district,
intermediate school district, and public school academy shall provide assurance
to the department that all literacy consultants, literacy coaches, and other
personnel providing reading intervention or reading instruction to grades K to
12 pupils in the school district, intermediate school district, or public
school academy received professional learning, as determined by the department,
regarding all of the following:
(a) The
characteristics of dyslexia and underlying factors that place pupils at risk
for difficulties in learning to decode accurately and efficiently.
(b) Secondary
consequences of dyslexia, such as problems in reading comprehension and a
reduced reading experience that can impede the growth of vocabulary and
background knowledge and lead to social, emotional, and behavioral
difficulties.
(c) Instructional
adjustments for pupils with dyslexia and instructional adjustments to address
the underlying factors that place pupils at risk for difficulties in learning
to decode accurately and efficiently.
(d) Methods to
develop schoolwide and classroom infrastructure to meet the collective and
individual needs of pupils using a multi-tiered system of support (MTSS).
(e) Evidence-based
instructional methods and features of evidence-based interventions that are
grounded in the science of reading and principles of structured literacy that
are designed for pupils with characteristics of dyslexia and pupils at risk for
difficulties in learning to decode accurately and efficiently.
(f) Evidence-based
instructional methods and features of evidence-based interventions that are
grounded in the science of reading and principles of structured literacy that
are designed to effectively meet the needs of most pupils.
(8) The completion
of a program of study approved under section 1531e fulfills the requirements of
subsection (7).
(9) Subject to
subsection (28), a school district or public school academy shall do all of the
following to ensure that more pupils will achieve a score of at least
proficient in English language arts on the grade 3 state assessment:
(a) Select 1 valid
and reliable screening and 1 progress-monitoring reading assessment from the
assessments approved by the department under subsection (1)(a). A school
district or public school academy shall use these assessments for pupils in
grades K to 3 to screen and identify difficulties, inform instruction and
intervention needs, and assess progress toward a growth target. A school
district or public school academy periodically shall assess a pupil's progress
in reading skills at least 3 times per school year in grades K to 3. The first
of these assessments for a school year in kindergarten must be conducted within
the first 90 school days of the school year. The first of these assessments for
a school year in grades 1 to 3 must be conducted within the first 30 school
days of the school year. Beginning in the 2027-2028 school year, screening of
pupils in grades K to 3 under this subdivision must meet the requirements in
subsections (15), (16), (17), (19), and (20).
(b) For any pupil
in grades K to 3 who exhibits reading deficiency at any time based on the
reading assessment selected and used under subdivision (a) and for pupils
required to have a reading intervention plan under this section, provide an
individual reading improvement plan for the pupil within 30 days after the
identification of the reading deficiency. The individual reading improvement
plan must be created by the pupil's teacher, school principal, and parent or
legal guardian and other pertinent school personnel, and must describe the
reading intervention services the pupil will receive to remedy the reading
deficiency. A school district or public school academy shall provide reading
intervention for the pupil in accordance with the individual reading
improvement plan until the pupil no longer has a reading deficiency.
(c) If a pupil in
grades K to 3 is identified as having an early literacy delay or reading
deficiency, provide written notice to the pupil's parent or legal guardian of
the delay or reading deficiency in writing and provide tools to assist the
parent or legal guardian to engage in intervention and to address or correct
any reading deficiency at home.
(d) Require a
school principal or chief administrator to do all of the following:
(i) For a teacher in grades K to 3, target
specific areas of professional development based on the reading development
needs data for incoming pupils.
(ii) Differentiate and intensify professional
development for teachers based on data gathered by monitoring teacher progress
in improving pupil proficiency rates among their pupils.
(iii) Establish a collaborative system within
the school to improve reading proficiency rates in grades K to 3.
(iv) Ensure that time is provided for
teachers to meet for professional development.
(e) Utilize early
literacy coaches provided through the intermediate school district in which the
school district or public school academy is located, as provided for under
section 35a(4) of the state school aid act of 1979, MCL 388.1635a. However, a
public school academy may use a literacy coach provided by the public school
academy, at the expense of the public school academy, rather than using a
literacy coach provided through an intermediate school district if the literacy
coach and the usage of the literacy coach otherwise meet the requirements of
this section.
(10) Subject to
subsection (28), a school district or public school academy shall provide
reading intervention for pupils in grades K to 3, pupils in any grade required
to have a reading improvement plan under subsection (23), and pupils required
to have a reading intervention plan under subsection (24), including at least
all of the following, as applicable:
(a) For pupils who
exhibit a reading deficiency, a reading intervention using intervention
curriculum resources and evidence-based practices aligned to the research
requirements consistent with the science of reading intended to ensure that
pupils are proficient readers by the end of grade 3 and that includes some or
all of the following features:
(i) Is provided to each pupil who is
identified with a reading deficiency based on screening and other assessments
that are used to identify the source of the reading difficulty, and identifies
and addresses the pupil's reading deficiency.
(ii) Periodically screens each pupil's
reading skills at least 3 times per year and monitors the progress of each
pupil's reading skills as recommended by the progress-monitoring assessment
guidelines provided under subsection (4).
(iii) Provides evidence-based tier 1,
class-wide reading instruction that is comprehensive and meets the majority of
the general education classroom needs.
(iv) Provides reading intervention that
meets, at a minimum, the following specifications:
(A) Assists pupils
exhibiting a reading deficiency in developing the ability to read at grade
level.
(B) Provides
intensive development in evidence-based reading instructional practices,
including, but not limited to, phonemic awareness, phonics, fluency,
vocabulary, comprehension, and other skills or processes consistent with
structured literacy.
(C) Provides
extensive explicit instruction consistent with structured literacy in decoding,
word recognition, spelling, writing, and language comprehension skills,
including vocabulary, morphology, and syntax, and processes for skillful
reading.
(D) Is systematic
and explicit.
(E) Is implemented
during regular school hours in addition to regular classroom reading
instruction.
(v) Provides parents, legal guardians, or
other providers of care for the pupil with a read-at-home plan, including
parent, guardian, or care provider training workshops and regular home reading.
(vi) Documents efforts by the pupil's school
to engage the pupil's parent or legal guardian and whether those efforts were
successful.
(vii) Documents any dissenting opinions
expressed by school personnel or a parent or legal guardian concerning the
individual reading improvement plan provided for the pupil under subsection
(9)(b).
(b) For grade 3
pupils exhibiting a reading deficiency as determined by the pupil's teacher
through the screening assessment and other assessments selected by the school
district or public school academy under subsection (9)(a) and for pupils in
grades K to 12 who are receiving increasingly intensive tier 2 and tier 3
support as described in subsection (23)(g), a reading intervention program
intended to correct the identified area or areas of reading deficiency and that
includes all of the following features as needed by the individual pupil:
(i) Is evidence-based, is consistent with
structured literacy, and has proven results in accelerating pupil reading
achievement within the same school year.
(ii) Provides more dedicated time than the
pupil's previous school year in evidence-based reading instruction and
intervention.
(iii) Provides daily targeted small group or
1-to-1 reading intervention based on pupil needs as determined by assessment
data, including explicit and systematic instruction with more detailed and
varied explanations, modeling and examples, and more extensive opportunities
for guided practice incorporating error correction and feedback for pupils to
develop mastery.
(iv) Provides administration of ongoing
progress monitoring assessments to frequently monitor pupil progress.
(v) Provides a written description of the
pupil's individual reading intervention program in the pupil's individual
reading improvement plan, including at least all of the following:
(A) Quarterly and
annual learning goals that describe how and when the pupil is expected to
progress from the pupil's current reading proficiency level to grade level
proficiency.
(B) The name, if
any, type, content, frequency, and duration of evidence-based interventions,
curriculum resources, and assessments that will be utilized, and the extent to
which these conform to best practices identified by the department for
addressing the pupil's specific identified reading difficulties.
(C) A summary of
why the intervention resources and evidence-based practices selected for the
pupil's individual reading intervention are best suited to address the pupil's
particular needs.
(D) A description
of the assessment data and the pupil's assessment scores that will be used to
monitor the pupil's progress under subparagraph (iv) and adaptations to the intervention
instruction that will be provided based on feedback from the assessments.
(E) Information
about adjustments that may be made to intensify the intervention instruction as
needed.
(F) The pupil's
unique identifier.
(G) A date by which
the pupil's teacher, school principal, parent or legal guardian, and other
appropriate school staff shall annually review and update the pupil's
individual reading improvement plan, including reviewing if the learning goals
have been met or when the learning goals will be met.
(vi) Is administered with fidelity.
(vii) Provides supplemental evidence-based
reading intervention delivered by a teacher, tutor, or volunteer with
specialized reading training that is provided before school, after school,
during school hours but outside of regular English language arts classroom
time, or any combination of these.
(viii) Provides parents, legal guardians, or
other providers of care for a pupil with a read-at-home plan, including parent,
guardian, or care provider training workshops and regular home reading.
(ix) Documents efforts by the pupil's school
to engage the pupil's parent or legal guardian and whether those efforts were
successful.
(x) Documents any dissenting opinions
expressed by school personnel or a parent or legal guardian concerning the
individual reading improvement plan provided for the pupil under subsection
(9)(b).
(c) Subject to
subsection (29), for pupils who are English language learners and who have been
identified as demonstrating characteristics of dyslexia or difficulty decoding
by an appropriate screening assessment administered under subsection (20) or
(21) that is consistent with department guidance provided under subsection (4)
to distinguish characteristics of dyslexia from limited English proficiency,
intervention services that include at least all of the following:
(i) Language support in word recognition and
decoding.
(ii) Language comprehension skills to support
expanding vocabulary and understanding text.
(iii) Intentional English language development
that includes, but is not limited to, using only the words and text to teach
decoding and word recognition.
(iv) Instruction meeting the criteria listed
in subdivision (a)(iv).
(11) For all pupils
exhibiting a reading deficiency as determined by the pupil's teacher through
the reading assessment selected by the school district or public school academy
under subsection (9)(a), school districts and public school academies are encouraged
to offer summer reading camps staffed with effective teachers of reading, as
determined by the teacher evaluation system under section 1249, providing
reading intervention services and supports to correct pupils' identified areas
of reading deficiency.
(12) By July 31 of
each year, the department shall notify the parent or legal guardian of a pupil
completing grade 3 who scored not proficient in reading based on the state
English language arts assessment of all of the following by certified mail and
in a clear format:
(a) That the pupil
has scored not proficient in reading based on the state English language arts
assessment.
(b) That the school
is required to provide the pupil with the supports described in subsection
(13).
(c) The supports
and interventions required to be made available to the pupil under the laws of
this state.
(d) That the parent
or legal guardian has the right to request a meeting with school officials to
discuss supports and interventions.
(13) Except as
otherwise provided in this section, for a pupil who has a reading deficiency
based on the screening assessment, the school district or public school academy
shall provide a reading intervention that is intended to correct the pupil's
specific reading deficiency, as identified by a valid and reliable assessment.
The intervention must include evidence-based instructional strategies that are
aligned to the research requirements consistent with the science of reading to
assist the pupil in becoming a successful reader.
(14) A school
district or public school academy shall provide a copy of each pupil's
individual reading improvement plan to the school district's intermediate
school district or the intermediate school district that has geographic
boundaries that include the area in which the public school academy is located.
A copy of a pupil's individual reading improvement plan provided under this
subsection must not contain any identifying information regarding the pupil or
a teacher that provides instruction to the pupil. The intermediate school
district shall collate the information received under this subsection and
provide it to the department each school year in a timeline and manner as
determined by the department. The department shall not share a pupil's individual
reading improvement plan with an outside vendor.
(15) By not later
than the beginning of the 2027-2028 school year, and each school year
thereafter, subject to subsections (17) and (20), a school district, an
intermediate school district, or a public school academy shall ensure that each
pupil described in this subsection is screened for characteristics of dyslexia
and difficulties in learning to decode accurately and efficiently using a
reliable and valid universal screening assessment. All of the following pupils
enrolled in the school district, intermediate school district, or public school
academy must be screened as described under this subsection:
(a) Each pupil
during kindergarten, grade 1, grade 2, and grade 3.
(b) Each pupil who
is in kindergarten, grade 1, grade 2, or grade 3 who transferred to the school
district, intermediate school district, or public school academy from another
school district, intermediate school district, or public school academy in this
state and who has not been screened for characteristics of dyslexia and
difficulties in learning to decode accurately and efficiently using a reliable
and valid universal screening assessment.
(c) Each pupil who
is in kindergarten, grade 1, grade 2, or grade 3 who has transferred to the
school district, intermediate school district, or public school academy from a
school that is not located in this state, unless the pupil presents written
documentation to the school district, intermediate school district, or public
school academy showing that the pupil was subject to a reliable and valid
universal screening assessment.
(d) Each pupil who
is in any of grades 4 to 12 who, as determined by that pupil's teacher,
educational-support staff, or the pupil's parent or legal guardian,
demonstrates any of the following:
(i) Escape or avoidance behaviors when asked
to engage in reading or writing activities.
(ii) Effortful or laborious reading.
(iii) Reading-comprehension difficulties
caused by inaccurate or inefficient word reading.
(iv) Significant spelling or encoding
difficulties not caused by fine-motor or visual-motor difficulties.
(v) Low performance on school-district-,
intermediate-school-district-, or public-school-academy-approved English
language arts standards.
(vi) Low performance on school-district-,
intermediate-school-district-, or public-school-academy-approved standardized
assessments.
(vii) Reading deficiency.
(16) A school
district, intermediate school district, or public school academy shall screen
pupils under subsection (15) with fidelity.
(17) Pupils
required to be screened under subsection (15)(a) must be screened, as described
in subsection (15), no fewer than 3 times during a school year. Pupils required
to be screened under subsection (15)(b) or (c) must be screened within 90 days
of enrollment and thereafter on the same screening schedule as other pupils in
the same grade level.
(18) If the
department determines that a benchmark assessment or a valid and reliable
screening and progress-monitoring reading assessment suite selected by a school
district or public school academy under subsection (9) includes a reliable and
valid universal screening assessment, that assessment or assessment system
selected under subsection (9) may be utilized to meet the requirement under
subsection (15).
(19) Beginning with
the 2027-2028 school year, for a pupil described in subsection (15)(d), the
school district, intermediate school district, or public school academy in
which the pupil is enrolled shall ensure that additional assessment data is
gathered, including the pupil's historical results on reliable and valid
universal screening assessments as available, and shall review this data with
the pupil's teacher and school staff to inform the frequency of screening
assessments that should be administered to the pupil to avoid unnecessary
assessment while effectively assessing whether the pupil demonstrates
characteristics of dyslexia, difficulties in learning to decode, or
difficulties with word reading that may require an intervention placement for
the pupil based on the guidance provided by the department under subsection
(5).
(20) Beginning in
the 2027-2028 school year, except as otherwise provided in this subsection, a
pupil who is an English language learner and who has been assessed at an
entering level or beginning level of English language proficiency on a
state-required language proficiency assessment, or at a comparable level in
accordance with department guidance under subsection (2), is not required to be
screened for characteristics of dyslexia and difficulties in learning to decode
under subsection (15). However, the pupil is required to be screened for
characteristics of dyslexia and difficulties in learning to decode under
subsection (15) if, in accordance with the department guidance under subsection
(4), school staff determine that the pupil appears to demonstrate
characteristics of dyslexia that are not due to language transference or
limited English proficiency.
(21) Beginning in
the 2027-2028 school year, a pupil who is an English language learner and who
has been assessed at a developing level or higher on a state-required language
proficiency assessment, or at a comparable level in accordance with department guidance
under subsection (4), must be screened for characteristics of dyslexia and
difficulty decoding as appropriate for the pupil's grade level under subsection
(15), and, as appropriate and consistent with department guidance, the pupil's
screening must include spelling skills, phonemic awareness in the pupil's
native language, and oral reading fluency in the pupil's native language.
(22) Beginning with
the 2027-2028 school year, school districts, intermediate school districts, and
public school academies shall ensure that reading instruction and curriculum
materials are evidence-based, with a focus on
pupils' mastery of the foundational reading skills of phonemic awareness,
phonics, fluency, and the development of other reading skills, including, but
not limited to, development of oral language, vocabulary, and reading
comprehension. Pupils must be provided instruction aligned with science of
reading methods that research shows improve literacy outcomes and help pupils
achieve reading proficiency.used by the school
district, intermediate school district, or public school academy are selected
from the list published by the department under subsection (5).
(23) Beginning with
the 2027-2028 school year, if a reliable and valid universal screening
assessment indicates that a pupil is exhibiting characteristics of dyslexia or
indicates that the pupil is experiencing difficulty in learning to decode
accurately and efficiently, the school district, intermediate school district,
or public school academy in which the pupil is enrolled shall ensure that a
multi-tiered system of support (MTSS) is provided to the pupil, including, but
not limited to, decoding and word recognition instruction in the tiered
delivery system. Beginning with the 2027-2028 school year, if a reliable and
valid universal screening assessment indicates that a pupil is exhibiting
characteristics of dyslexia or indicates that the pupil is experiencing
difficulty in learning to decode accurately and efficiently, a reading
intervention program provided under this section must be part of a multi-tiered
system of support (MTSS). The multi-tiered system of support (MTSS) described
in this subsection must meet all of the following:
(a) Be a
comprehensive framework composed of a collection of evidence-based strategies
designed to meet the individual needs and assets of the whole pupil at all
achievement levels.
(b) Include 3
distinct tiers of instructional support.
(c) Tier 1 support
of the 3 distinct tiers of instructional support described in subdivision (b)
must, at a minimum, meet all of the following:
(i) Encompass a combination of
evidence-based strategies that are available to all learners.
(ii) Effectively meet the needs of most
pupils.
(iii) For the instructional methods and
curriculum resources under this tier used to address the decoding and
word-recognition components of reading, use a code emphasis instructional
approach and be supported by the science of reading. Except as otherwise provided
in this section, the instructional methods and curriculum resources described
in this subparagraph must not include instructional methods or curriculum
resources that minimize the importance of primarily using letter-sound
information to decode or recognize unknown words, including, but not limited
to, any of the following, unless such instructional methods and curriculum
resources are being used to confirm the meaning of unknown words after decoding
has been attempted:
(A) Prompting
pupils to guess unknown words using pictures and illustrations.
(B) Skipping over
an unknown word or words to use the meaning of the passage to recognize the
unknown word or words.
(C) Identifying
only the first sound of an unknown word and then being prompted to guess the
word using the word's initial sound and the meaning of the text surrounding the
word.
(D) Memorizing a
word in its written form.
(E) Using
predictable text and leveled text to provide initial word recognition
instruction and practice in reading new learned letter-sound correspondences.
(d) Tier 2 support
of the 3 distinct tiers of instructional support described in subdivision (b)
must be provided to small groups of pupils to whom at least 1 of the following
applies:
(i) Screening-assessment data indicate a
need for intervention to address difficulties in learning to decode and
recognizing words accurately and efficiently.
(ii) Tier 1 instructional data indicate a
need for intervention to address difficulties in learning to decode and
recognizing words.
(e) Provide that
tier 2 support, as described in subdivision (d), must include instructional
methods and curriculum resources that use a code emphasis approach to address
the decoding and word-recognition components of reading and that are supported
by the science of reading. The instructional methods and curriculum resources
described in this subdivision must include, but are not limited to, specialized
instructional procedures, duration, and frequency. However, these instructional
methods and curriculum resources must not include instructional methods or
curriculum resources that minimize the importance of primarily using
letter-sound information to decode or recognize unknown words, including, but
not limited to, any of the uses of letter-sound information described in
subdivision (c)(iii)(A) to (E), unless such instructional methods and curriculum
resources are being used to confirm the meaning of unknown words after decoding
has been attempted.
(f) Provide that
pupils receiving intervention consisting of tier 2 support, as described in
subdivision (d), must have their progress monitored by the individuals
providing the intervention instruction using appropriate assessments to
determine the pupils' response to intervention instruction.
(g) Provide that,
if pupils who are receiving intervention at the tier 2 level of support as
described in this subsection are not making measurable progress in response to
reading intervention at a rate that will result in meaningful improvements in
performance, intensive tier 3 support must be provided to the pupil using
evidence-based instructional adaptations that must be documented in the pupil's
individual reading improvement plan. If the pupil is determined to have a
specific learning disability in reading, these interventions may be provided
through the student's individualized education plan.
(h) Provide that a
pupil described in subdivision (g) has a current individual reading
intervention plan meeting the requirements of subsection (10)(b).
(i) Provide that,
for the purposes of subdivision (g), an intervention response team at the
school district, intermediate school district, or public school academy in
which a pupil described in subdivision (g) is enrolled shall refine the pupil's
individual reading improvement plan with the teacher providing the intervention
instruction to the pupil under subdivision (g) to meaningfully accelerate
reading outcomes.
(j) Provide that,
if a pupil's response to the intervention instruction described in subdivisions
(a) to (g) or subsection (10) is insufficient and there is reason to suspect
the pupil has a disability, subject to state and federal laws concerning special
education, the school district, intermediate school district, or public school
academy must consider the need for a full and comprehensive evaluation to
determine eligibility for special education services.
(24) Beginning with
the 2027-2028 school year, if a reliable and valid universal screening
assessment indicates the need for intervention, to the extent that the school
district, intermediate school district, or public school academy is not already
providing the pupil with the evidence-based intervention services described in
subsections (10) and (23), the school district, intermediate school district,
or public school academy in which the pupil is enrolled shall provide the pupil
with evidence-based intervention services that are grounded in the science of
reading and the principles of structured literacy approaches or programs.
(25) A school
district, an intermediate school district, or a public school academy shall
ensure that the necessary accommodations or equipment are provided to pupils as
required under section 504 of title V of the rehabilitation act of 1973, 29 USC
794, and title II of the Americans with disabilities act of 1990, 42 USC 12131
to 12165.
(26) If the parent
or legal guardian of a pupil has an independent, comprehensive evaluation
conducted for dyslexia or other learning disabilities, the school district,
intermediate school district, or public school academy in which the pupil is
enrolled shall ensure that any applicable requirements under the individuals
with disabilities education act, Public Law 108-446, are fulfilled.
(27) If a school
district or public school academy cannot furnish the number of teachers needed
to satisfy 1 or more of the criteria set forth in this section for a school
year, then by the August 15 before the beginning of that school year the school
district or public school academy shall develop a staffing plan for providing
services under this section. The school district or public school academy shall
post the staffing plan on its website for the applicable school year. The
staffing plan must include at least all of the following:
(a) A description
of the criteria that will be used to assign a pupil who has been identified as
not proficient in English language arts to a teacher.
(b) The credentials
or training held by teachers currently teaching at the school.
(c) How the school
district or public school academy will meet the requirements under this
section.
(28) This section
does not require or state an intention to require a school district or public
school academy to supplant state funds with federal funds for implementing or
supporting the activities under this section and does not prohibit a school
district or public school academy from continuing to use federal funds for any
of the purposes or activities described in this section.
(29) For pupils
identified as English language learners by the pupil's teacher or other school
staff or by a state-required language proficiency assessment, if available
staff resources allow, a school district or public school academy is encouraged
to provide the following intervention services in addition to those required
under subsection (10)(c):
(a) Instruction in
the pupil's native language, with withdrawal of that instruction as appropriate
as the pupil improves the pupil's English language skills. A school district or
public school academy is encouraged to provide this support for at least pupils
whose native language is Spanish, Chinese, Hindi, Korean, or Arabic.
(b) Opportunities
for speech production.
(c) Common English
language development strategies such as modeling, guided practice, and
comprehensive input.
(d) Feedback for
the pupil, including explanations in the pupil's native language.
(30) An individual
who is not a district-identified literacy coach may be utilized to meet the
requirements under subsection (1)(b)(i) and (ii) if that individual meets the requirements that a district-identified
literacy coach must meet under subsection (1)(b)(iv).
(31) The
instructional methods and curriculum resources described in subsection (23)(c)(iii)(A) to (E) may be used, as appropriate,
for purposes other than addressing decoding and word-recognition components of
reading and for any purpose to comply with section 504 of title V of the
rehabilitation act of 1973, 29 USC 794, or title II of the Americans with
disabilities act of 1990, 42 USC 12131 to 12165.
(32) As used in
this section:
(a) "Benchmark
assessment" means an assessment administered periodically throughout a
school year and used for 1 or more of the following purposes:
(i) To predict and identify learner
readiness for success on a later summative assessment.
(ii) To evaluate ongoing education programs
and interventions.
(iii) To provide teachers with individual
learners' performance data to inform instruction.
(b)
"CEPI" means the center for educational performance and information
created under section 94a of the state school aid act of 1979, MCL 388.1694a.
(c) "Cloze
reading procedure" means an objective reading assessment that deletes
words in a designed reading passage.
(d) "Code
emphasis" means direct, explicit instruction on the code system of written
English at the sound, syllable, morpheme, and word level so pupils develop
automaticity in accurate sound-symbol associations used for word recognition
and for developing a robust sight-word vocabulary.
(e)
"Cumulative" means the practice of basing new concepts on those
previously learned and maximizing retention of concepts through regular,
systematic review to gain automaticity and fluency.
(f)
"Diagnostic instruction" means continuous assessment and
individualization of instruction to meet each pupil's instructional needs.
(g)
"Dyslexia" means both of the following:
(i) A specific learning disorder that is
neurobiological in origin and characterized by difficulties with accurate or
fluent word recognition and by poor spelling and decoding abilities that
typically result from a deficit in the phonological component of language that
is often unexpected in relation to other cognitive abilities and the provision
of effective classroom instruction.
(ii) A specific learning disorder that may
include secondary consequences, such as problems in reading comprehension and a
reduced reading experience that can impede the growth of vocabulary and lead to
social, emotional, and behavioral difficulties.
(h)
"Evidence-based" means an activity, program, process, service,
strategy, or intervention that demonstrates statistically significant effects
on improving pupil outcomes or other relevant outcomes and that meets at least
both of the following:
(i) At least 1 of the following:
(A) Is based on
strong evidence from at least 1 well-designed and well-implemented experimental
study.
(B) Is based on
moderate evidence from at least 1 well-designed and well-implemented
quasi-experimental study.
(C) Is based on
promising evidence from at least 1 well-designed and well-implemented
correlational study with statistical controls for selection bias.
(D) Demonstrates a
rationale based on high-quality research findings or positive evaluation that
the activity, program, process, service, strategy, or intervention is likely to
improve pupil outcomes or other relevant outcomes.
(ii) Includes ongoing efforts to examine the
effects of the activity, program, process, service, strategy, or intervention.
(i)
"Explicit" means direct and deliberate instruction through continuous
pupil-teacher interaction that includes explanation, teacher modeling or
example, and multiple opportunities to practice with feedback for students to
develop mastery.
(j)
"Fidelity" means the extent to which an assessment or intervention is
implemented as it was designed.
(k)
"Intervention response team" means a group of individuals with
expertise in assessments, literacy, working with English language learners,
working with pupils with disabilities, and behavioral efforts who develop
individualized plans to support pupils with significant and persistent needs.
An intervention response team must include at least 1 certificated teacher who
has English as a second language or bilingual education as an endorsement on
the teacher's certificate.
(l) "Leveled text" means text that
has characteristics of predictable text and text focused on teaching
high-frequency words without regard to sound-symbol associations. Leveled texts
are assigned a level based on a difficulty scale according to print features,
content, themes, ideas, text structure, language, and literary elements.
Leveled text does not provide pupils opportunities to apply newly learned
phonological and orthographic knowledge.
(m)
"Multi-tiered system of support (MTSS)" means a comprehensive
framework that includes 3 distinct tiers of instructional support and is
composed of a collection of evidence-based strategies designed to meet the
individual needs and assets of a whole pupil at all achievement levels.
(n) "Phonemic
awareness" means the conscious awareness of all of the following:
(i) Individual speech sounds, including, but
not limited to, consonants and vowels, in spoken syllables.
(ii) The ability to consciously manipulate
through, including, but not limited to, matching, blending, segmenting,
deleting, or substituting, individual speech sounds described in subparagraph (i).
(iii) All levels of the speech sound system,
including, but not limited to, word boundaries, rhyme recognition, stress
patterns, syllables, onset-rime units, and phonemes.
(o)
"Predictable text" means text that replicates language patterns using
rhythm and rhyme to teach pupils phrasing and cadence.
(p)
"Progress-monitoring assessment" means an assessment used after a
pupil is identified and matched with intervention support to determine if the
pupil continues to need intervention, if supports need to be modified or
changed, or if supports can be faded.
(q) "Reading
deficiency" means scoring below grade level or being determined to be at
risk of not meeting grade-level reading expectations based on a screening
assessment, standardized summative assessment, or progress monitoring.
(r) "Reading
leadership team" means a collaborative system led by a school building's
principal or program director and consisting of a cross-section of faculty who
are interested in working to improve literacy instruction across the curriculum.
(s)
"Reliable" means something that is based on the consistency of a set
of scores that are designed to measure the same thing.
(t) "Science
of reading" means a cumulative and evolving body of evidence whose
research studies follow a scientific process of inquiry and utilize scientific
methods to help answer questions related to reading development and issues
related to reading and writing derived from research from multiple fields of
cognitive psychology, communication sciences, developmental psychology,
education, special education, implementation science, linguistics, and
neuroscience.
(u) "Screening
assessment" means an assessment designed to proactively identify pupils
who may be at risk of developing academic, social, emotional, or behavioral
challenges so that support can be provided and to provide data to inform
systems-level decisions. All of the following apply to a screening assessment:
(i) A screening assessment must include, as
appropriate for grade level or age as determined by the department, in
alignment with the guidelines described in subsections (2) and (4), elements
designed to identify difficulties in learning to decode and recognize words,
including at least all of the following:
(A) Phonemic
awareness.
(B) Rapid
automatized naming.
(C) Letter-sound
correspondence.
(D) Single-word
reading.
(E) Nonsense-word
reading.
(F) Oral passage
reading fluency.
(ii) A screening assessment may include, as
appropriate for grade level or age as determined by the department, in
alignment with the guidelines described in subsections (2) and (4), elements
designed to identify comprehension difficulties, including at least all of the
following:
(A) Retelling.
(B) Cloze reading
procedure.
(C) Answering
questions about a reading passage.
(v)
"Standardized assessment" means an assessment that is administered
and scored in a consistent or standard manner.
(w)
"Structured literacy" means systematic, direct, explicit, cumulative,
and diagnostic instruction that integrates listening, speaking, reading, and
writing and emphasizes the structure of language across the speech sound system
(phonology); the writing system (orthography); the structure of sentences
(syntax); the meaningful parts of words (morphology); the meaning of words,
phrases, sentences, and text (semantics); and the processing of oral and
written discourse.
(x)
"Systematic" means following the logical order of language and moving
from the most basic concepts to the more advanced.
(y)
"Valid" means the degree to which a method assesses what it claims or
intends to assess.