La. Admin. Code tit. 28 § XXXIX-701

Current through Register Vol. 50, No. 8, August 20, 2024

Section XXXIX-701 - Promotion and Support Standard for Grades 3-7

A. Beginning with the end of the 2022-2023 school year and at the end of each school year thereafter, each local education agency shall identify, based on a preponderance of evidence of student learning relative to literacy, a plan for third grade students who have scored below "basic" achievement level in English language arts and are identified as reading below grade level, that would enable them to successfully transition to the next grade level. Third grade students who have not met such an acceptable level of performance may be retained or promoted; but in either case shall be provided with an individual student literacy plan that adheres to the following requirements:

1. The school shall convene an in-person meeting with the student's parents or legal custodian, all teachers of core academic subjects, and specialized support personnel, as needed, to review the student's academic strengths and weaknesses relative to literacy, discuss any other relevant challenges, and formulate an individual student literacy plan designed to assist the student in achieving proficiency in literacy. All participants shall sign the documented plan, using a template provided by the department, and shall meet to review progress at least once more before the next administration of the LEAP assessment.

2. The student shall be provided with focused literacy interventions and supports based on the science of reading designed to improve foundational literacy.

3. The student requiring an individual student literacy plan shall be identified as such in the state student information system (SIS).

4. The student shall be afforded the opportunity to receive on-grade level instruction and focused literacy interventions based on the science of reading during the summer.

5. Each LEA shall adopt a written policy pertaining to the development of the individual student literacy plan. This policy shall be included in the pupil progression plan of the LEA and could include the following specific student supports; daily targeted small-group interventions, before and after school literacy intervention provided by a teacher or tutor with specialized literacy training, and at-home literacy programs that include literacy workshops for the parents and legal guardians of students and web-based or parent-guided home literacy activities.

6. The department may audit a random sampling of students in each local education agency identified pursuant to Subsection A of this section each year.

B. Beginning with the end of the 2017-2018 school year and at the end of each school year thereafter, each local education agency shall identify a plan, based on a preponderance of evidence of student learning, fourth grade students who have scored below "basic" achievement level in at least two core academic subjects, including English language arts, mathematics, science, and social studies, that would enable them to successfully transition to the next grade level. Fourth grade students who have not met such an acceptable level of performance may be retained or promoted, but in either case, shall be provided with an individual academic improvement plan that adheres to the following requirements.

1. The school shall convene an in-person meeting with the student's parent or legal custodian, all teachers of core academic subjects, and specialized support personnel, as needed, to review the student's academic strengths and weaknesses, discuss any other relevant challenges, and formulate an individual academic improvement plan designed to assist the student in achieving proficiency in all core academic subjects. All participants shall sign the documented plan, using a template provided by the department, and shall meet to review progress at least once more before the next administration of the LEAP assessment.

2. The student shall be provided with focused, on-grade level instructional support that is appropriate to the content area(s) in which the student has not yet achieved proficiency. Instruction shall be aligned with state academic content standards.

3. The student requiring an academic improvement plan shall be identified as such in the state student information system (SIS).

4. The student shall be afforded the opportunity to receive on-grade level instruction during the summer.

5. Each LEA shall adopt a written policy pertaining to the development of individual academic improvement plans. This policy shall be included in the pupil progression plan of the LEA.

6. The department shall audit a random sampling of students in each local education agency identified pursuant to Subsection A of this Section each year.

C. The department shall provide to each LEA a roster of third and fourth grade students who are eligible for consideration under Subsection A and B of this chapter. Such roster shall assist the LEA in making final determinations relative to students'individual academic plans and/or individual literacy plans required pursuant to this Section.

1. The decision to retain a student as a result of his/her failure to achieve the standard on the LEAP shall be made by the LEA in accordance with the local pupil progression plan. The department shall provide guidance to LEAs on retention considerations.

2. The individual literacy plan and/or academic improvement plan required in this Section shall continue to be in effect until such time as the student achieves a score of "basic" in each of the core academic subjects that initially led to the development of the student's individual academic plan and/or literacy plan.

D. Beginning with the 2024-2025 school year, a third grade student with a reading deficiency as demonstrated by the student scoring at the lowest achievement level in reading on an end-of-year literacy screener in accordance with LAC 28:CXV2307.Bulletin 741 shall be provided with two additional opportunities to score a higher achievement level on the literacy screener prior to the beginning of the subsequent academic year A student who does not score above the lowest achievement level on the literacy screener after three attempts shall be screened for dyslexia and shall not be promoted to the fourth grade unless promoted for good cause as outlined in Subsection E. of this Section.

E. Promotion to Fourth Grade for Good Cause.

1. A student who does not meet the literacy criteria for promotion may be promoted to fourth grade if the student meets at least one of the following conditions:

a. A limited English proficient student has been enrolled in an English language assistance program for fewer than two years.

b. An IEP indicates that the screener is not appropriate for the student with a disability.

c. A student with an IEP or 504 Plan has received intensive reading intervention for two years and still scores at the lowest achievement level on the literacy screener

d. A student with an IEP or 504 Plan was previously retained in kindergarten, first, or second grade and still scores at the lowest achievement level on the literacy screener

e. A student has received intensive evidence-based structured literacy intervention for two or more years, still scores at the lowest achievement level, does not meet exceptional criteria, and was previously retained for a total of two years in kindergarten, first, second, or third grade. For the purposes of this Section, intensive reading intervention includes targeted intervention in a small group with progress monitoring documented through an individual reading improvement plan.

f. A student has been diagnosed with dyslexia.

g. The student demonstrates an acceptable level of proficiency on a BESE-approved alternative standardized assessment. Alternative assessments will be presented for BESE approval upon recommendation of LDOE. A student scoring Mastery on the English language arts section of the LEAP 2025 assessment may be considered for promotion.

2. Promotion to fourth grade may be considered for a student who meets a good cause as indicated in this Section. Such promotion shall be considered as follows:

a. The teacher shall confer with the parent or guardian of the student to determine whether promotion based on an exemption should be pursued.

b. The teacher shall submit documentation to the school principal that promotion is appropriate for the student. The documentation shall clearly demonstrate that the student meets at least one of the criteria for good cause and shall reflect the decision of the parent or guardian to allow the request for promotion.

c. The principal shall review the request and documentation provided by the teacher and determine whether to make a written recommendation for promotion. Such recommendation shall be made in writing to the local superintendent.

d. The local superintendent shall review the request and documentation provided by the school principal and, in writing, accept or reject the recommendation. Written notification shall be provided to the parent or guardian and the school principal.

e. The parent or guardian shall have the option to have the child retained in third grade even if the determination of the principal and superintendent is to have the student promoted to fourth grade.

3. Students promoted for good cause shall be provided an individual reading improvement plan using the LDOE form provided.

a. Each plan shall include specialized diagnostic information and intensive evidence-based structured literacy instruction and intervention

b. The school shall confer with the parent or guardian to communicate the support provided according to the plan, the protocol for progress monitoring, and suggestions for strategies families can use at home.

c. Each LEA shall assist schools and teachers in implementing evidence-based reading strategies shown to be successful in improving reading among students with persistent reading difficulties.

4. Beginning with the 2025-2026 school year, no later than the October MFP collection, each LEA shall identify each third grade student retained in the prior year pursuant to Subsection D of this Section and each fourth grade student promoted due to good cause exemption outlined in Subsection E of this Section, indicating the exemption applied. The LDOE will annually publish a report containing the compiled data.

F. Third Grade Retention. A student who is retained in third grade due to a reading deficiency shall be provided intensive evidence-based structured literacy instructional services, progress monitoring, and support as outlined in the individual reading improvement plan to include a daily minimum of ninety minutes of evidence-based, scientifically researched reading instruction during regular school hours and 30 minutes of daily evidence-based reading intervention in the identified area of reading deficiency.

1. Intervention and instruction shall be based upon the foundations of literacy and shall include phonological awareness, phonics, decoding, fluency, and comprehension.

2. Intervention and instruction may also include small group instruction, lower teacher-student ratios, tutoring, transition classes, or extended school calendar for day, week, or summer programs.

3. The student shall be assigned a teacher who has successfully completed training in literacy instruction and who is highly effective as determined by student performance data, particularly related to student growth in reading, and performance appraisals.

4. The parent or guardian shall be provided with written notification of the individual reading improvement plan, the protocol for progress monitoring, and instructions for parent guided at-home reading.

La. Admin. Code tit. 28, § XXXIX-701

Promulgated by the Board of Elementary and Secondary Education, LR 36:2005 (September 2010), amended LR 40:765 (April 2014), Amended LR 411272 (7/1/2015), Promulgated by the Board of Elementary and Secondary Education, LR 44481 (3/1/2018), Amended LR 481760 (7/1/2022), Amended LR 50679 (5/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17.7; R.S. 17:24.4; R.S. 17:24.9; R.S. 17:24.10 and R.S. 17:24.11.