§24.11. Early literacy; promotion to fourth grade

            A. If a student has a reading deficiency that is not remedied by the end of the third grade as demonstrated by the student scoring at the lowest achievement level in reading on the literacy screener administered pursuant to R.S. 17:24.9, the student shall be given, prior to the beginning of the subsequent school year, two additional opportunities to score a higher achievement level on the literacy screener. If after three opportunities, the student has not scored above the lowest achievement level in reading on the literacy screener, the student shall not be promoted to the fourth grade; however, prior to retention in the third grade, the student shall be screened for dyslexia as defined in R.S. 17:392.11 and, if determined to have dyslexia, may be promoted as provided in Subsection C of this Section.

            B.(1) Each public school governing authority shall provide a student who is retained in the third grade under these circumstances with the following:

            (a) Intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, which shall be outlined in an individual reading plan and include a minimum of ninety minutes during regular school hours of daily, evidence-based, scientifically researched reading instruction that includes phonological awareness, phonics, decoding, fluency, and comprehension and other strategies prescribed by the governing authority, which may include:

            (i) Small group instruction.

            (ii) Reduced teacher-student ratios.

            (iii) Tutoring in evidence-based, scientifically researched reading services in addition to the regular school day.

            (iv) The option of transition classes.

            (v) Extended school day, week, or year.

            (vi) Summer reading camps.

            (b) A highly effective teacher, as determined by student performance data, particularly related to student growth in reading, performance appraisals, and specific training relevant to literacy instruction.

            (2) The parent or legal guardian of each third grade student who has not met the reading proficiency level required for promotion shall be provided:

            (a) Written notification that shall include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency, as outlined in the student's individual reading plan.

            (b) A plan for reading at home outlined in a parental contract, including participation in regular parent-guided home reading.

            C.(1) Notwithstanding Subsection B of this Section, a third grade student who does not meet the literacy criteria for promotion may be promoted to the fourth grade for good cause. A student shall meet at least one of the following criteria to receive a good-cause promotion:

            (a) He is a Limited English Proficient student who has had fewer than two years of instruction in an English Language Learner program.

            (b) He is a student with a disability whose Individualized Education Program indicates that the screener or assessments provided for in Subsection A of this Section are not appropriate for the student.

            (c) He is a student with a disability who participates in such screener or assessments and his Individualized Education Program or Section 504 Plan of The Rehabilitation Act of 1973, P.L. 93-112 reflects that he has received intensive remediation in reading for two years but still demonstrates a deficiency or he was previously retained in kindergarten, first, second, or third grade.

            (d) He is a student who received intensive intervention in reading for two or more years but still demonstrates a deficiency in reading and who was previously retained in kindergarten, first, second, or third grade for a total of two years and has not met exceptional education criteria.

            (e) He demonstrates an acceptable level of reading proficiency on an alternative standardized assessment approved by the State Board of Elementary and Secondary Education.

            (f) He has been diagnosed with dyslexia.

            (2) A determination relative to promotion to fourth grade under the criteria provided in Paragraph (1) of this Subsection shall be made in the following manner:

            (a) The student's teacher shall submit documentation to the principal that indicates that the promotion of the student is appropriate. The documentation shall clearly demonstrate that the student meets at least one of the criteria listed in Subparagraphs (1)(a) through (f) of this Subsection.

            (b) The principal shall review and discuss the recommendation with the teacher and parents and make a determination as to whether the student should be promoted. If the principal determines that the student should be promoted, the principal shall make the recommendation in writing to the superintendent, who, in writing, may accept or reject the recommendation.

            (3) The parent shall have the option to have the child retained in third grade even if the principal and superintendent determine otherwise.

            (4) A student who is promoted to fourth grade under the provisions of this Subsection shall be provided an individual reading plan, which shall outline intensive reading instruction and intervention informed by specialized diagnostic information and delivered through specific reading strategies to meet his needs. The school district shall assist schools and teachers in implementing reading strategies that research has shown to be successful in improving reading among students with persistent reading difficulties.

            D. The State Board of Elementary and Secondary Education shall adopt rules in accordance with the Administrative Procedure Act to implement the provisions of this Section.

            Acts 2023, No. 422, §1.