Section 53E-4-307 - Benchmark assessments in reading - Report to parent(1) As used in this section: (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or ability that has been organized into a hierarchical arrangement leading to higher levels of knowledge, skill, or ability.(b) "Diagnostic assessment" means an assessment that measures key literacy skills, including phonemic awareness, sound-symbol recognition, alphabet knowledge, decoding and encoding skills, and comprehension, to determine a student's specific strengths and weaknesses in a skill area.(c) "Dyslexia" means a learning disorder that:(i) is neurological in origin and is characterized by difficulties with: (A) accurate or fluent word recognition; and(B) poor spelling and decoding abilities; and(ii) typically results 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.(d) "Evidence-based" means the same as that term is defined in Section 53G-11-303.(e) "Evidence-informed" means the same as that term is defined in Section 53G-11-303.(2) The state board shall approve a benchmark assessment for use statewide by school districts and charter schools to assess the reading competency of students in grades 1 through 6 as provided by this section.(3) A school district or charter school shall:(a) administer benchmark assessments to students in grades 1, 2, and 3 at the beginning, middle, and end of the school year using the benchmark assessment approved by the state board; and(b) after administering a benchmark assessment, report the results to a student's parent.(4)(a) If a benchmark assessment or supplemental reading assessment indicates a student lacks competency in a reading skill, is demonstrating characteristics of dyslexia, or is lagging behind other students in the student's grade in acquiring a reading skill, the school district or charter school shall:(i) administer diagnostic assessments to the student;(ii) using data from the diagnostic assessment, provide specific, focused, and individualized intervention or tutoring to develop the reading skill;(iii) administer formative assessments and progress monitoring at recommended levels for the benchmark assessment to measure the success of the focused intervention;(iv) inform the student's parent of activities that the parent may engage in with the student to assist the student in improving reading proficiency;(v) provide information to the parent regarding appropriate interventions available to the student outside of the regular school day that may include tutoring, before and after school programs, or summer school; and(vi) provide instructional materials that are evidence-informed for core instruction and evidence-based for intervention and supplemental instruction.(b) Nothing in this section or in Section 53F-4-203 or 53G-11-303 requires a reading software product to demonstrate the statistically significant effect size described in Subsection 53G-11-303(1)(a) in order to be used as an instructional material described in Subsection (4)(a)(vi).(5)(a) In accordance with Section 53F-4-201 and except as provided in Subsection (5)(b), the state board shall contract with one or more educational technology providers for a benchmark assessment system for reading for students in kindergarten through grade 6.(b) If revenue is insufficient for the benchmark assessment system for the grades described in Subsection (5)(a), the state board shall first prioritize funding a benchmark assessment for students in kindergarten through grade 3.(6) A student with dyslexia is only eligible for special education services if the student meets federal eligibility criteria.Amended by Chapter 60, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 20, 2023 General Session ,§ 1, eff. 3/1/2023.Amended by Chapter 285, 2022 General Session ,§ 6, eff. 5/4/2022.Amended by Chapter 14, 2020SP5 General Session ,§ 1, eff. 6/29/2020.Amended by Chapter 355, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 186, 2019 General Session ,§ 57, eff. 5/14/2019.Renumbered from § 53A-1-606.6 and amended by Chapter 1, 2018 General Session ,§ 94, eff. 1/24/2018.Amended by Chapter 466, 2013 General Session ,§ 2, eff. 5/14/2013.Repealed and Re-enacted by Chapter 372, 2011 General Session