North Carolina § 115C-83 - 8. Successful reading development for retained students.

§ 115C-83. 8. Successful reading development for retained students.

Parents or guardians of students not demonstrating reading proficiency shall be encouraged to enroll their student in a reading camp provided by the local school administrative unit. Parents or guardians of a student not demonstrating reading proficiency shall make the final decision regarding a student's reading camp attendance. Local school administrative units shall provide at least one opportunity for students not participating in a reading camp to demonstrate reading proficiency appropriate for third grade students on an alternative assessment or through a student reading portfolio process approved by the State Board of Education prior to retaining the student. (Applicable before the beginning of the 2022-2023 school year) Students retained under G.S. 115C-83.7(a) shall be provided with a teacher selected based on demonstrated student outcomes in reading proficiency and placed in an accelerated reading class or a transitional third and fourth grade class combination, as appropriate. Classroom instruction shall include at least 90 minutes of daily, uninterrupted, evidence-based reading instruction, not to include independent reading time, and other appropriate instructional supports and services and reading interventions. (Applicable beginning with the 2022-2023 school year) Students retained under G.S. 115C-83.7(a) shall be provided with a teacher selected based on demonstrated student outcomes in reading proficiency and placed in an accelerated reading class or a transitional third and fourth grade class combination, as appropriate. Classroom instruction shall include at least 90 minutes of daily, uninterrupted, Science of Reading - based instruction, not to include independent reading time, and other appropriate literacy interventions, as outlined in each student's Individual Reading Plan. The State Board of Education shall establish a midyear promotion policy for any student retained under G.S. 115C-83.7(a) who, by November 1, demonstrates reading proficiency through administration of the alternative assessment of reading comprehension or student reading portfolio review. Principals shall use the provisions under G.S. 115C-288(a) to grade and classify students demonstrating reading proficiency after the November 1 midyear promotion deadline. Repealed by Session Laws 2013-360, s. 8.30, effective July 1, 2013. (Applicable before the beginning of the 2022-2023 school year) Parents or guardians of students who have been retained twice under the provisions of G.S. 115C-83.7(a) shall be offered supplemental tutoring for the retained student in evidence-based reading services outside the instructional day. (Applicable beginning with the 2022-2023 school year) Parents or guardians of students who have been retained twice under the provisions of G.S. 115C-83.7(a) shall be offered supplemental tutoring grounded in the Science of Reading for the retained student outside the instructional day. History (2012-142, s. 7A.1(b); 2013-360, s. 8.30; 2014-5, s. 6; 2021-8, s. 6(g).) Subsections (b) and (e) Set Out Twice. - The first versions of subsections (b) and (e) are applicable before the beginning of the 2022-2023 school year. The second versions of subsections (b) and (e) are applicable beginning with the 2022-2023 school year. Editor's Note. - Session Laws 2012-142, s. 7A.1(b), enacted this section as G.S. 115C-83.1 H. It has been renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2020-3, s. 2.1, as amended by Session Laws 2020-49, s. 3(a), provides: "For the purposes of this Part, the following definitions apply: "(1) Authority. - State Education Assistance Authority. "(2) Coronavirus disease 2019 (COVID-19) emergency. - The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19). "(3) Federal testing waiver. - The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019-2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C-174.11 , eliminated the collection of certain student assessment data for the 2019-2020 school year. "(4) Modified calendar school. - A school that a local board designated as having a modified calendar for the 2003-2004 school year or any school that was part of a planned program in the 2003-2004 school year for a system of modified calendar schools, so long as the school operates under a modified calendar. "(5) State Board. - The State Board of Education. "(6) Year-round school. - A school with a single or multi-track instructional calendar that that was adopted prior to March 1, 2020, and provides instructional days in compliance with Section 2.11(b)(1) of this Part throughout the entire school calendar year, beginning July 1 and ending June 30, by utilizing at least one of the following plans: "a. A plan dividing students into four groups and requiring each group to be in school for assigned and staggered quarters each school calendar year. "b. A plan providing students be scheduled to attend an average of between 44 and 46 instructional days followed by an average of between 15 and 20 days of vacation, repeated throughout the school calendar year. "c. A plan dividing the school calendar year into five nine-week sessions of classes and requiring each student to attend four assigned and staggered sessions out of the five nine-week sessions to complete the student's instructional year." Session Laws 2020-3, s. 2.2, provides: "The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID-19 emergency, including, but not limited to, the federal testing waiver and the closure of schools for in-person instruction during the 2019-2020 school year." Session Laws 2020-3, s. 2.7(b), provides: "Parental Notice and Interventions. - Consistent with G.S. 115C-83.9(a) , parents or guardians shall receive notice that a first, second, or third grade student demonstrated difficulty with reading development or was not reading at grade level during the 2019-2020 school year based on assessments completed on or before March 13, 2020. The provisions of G.S. 115C-83.9(d) shall apply to this notice. "For third grade students retained for the 2019-2020 school year based on data from the 2018-2019 school year, the requirements of G.S. 115C-83.9(c) shall not apply beginning March 16, 2020. "For third grade students retained for the 2020-2021 school year due to reading deficiencies, the provisions of G.S. 115C-83.8(b) through (e) and G.S. 115C-83.9 shall apply in the same manner they would have had the student been retained pursuant to G.S. 115C-83.7(a) , except that notification regarding the exemptions described in G.S. 115C-83.7(b) shall not apply." Session Laws 2020-3, s. 2.7(c), provides: "Reading Camps. - Notwithstanding G.S. 115C-83.6(a) , 115C-83.8(a), and 115C-83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019-2020 school year." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2021-8, s. 1, provides: "This act shall be known as the "Excellent Public Schools Act of 2021." Session Laws 2021-8, s. 6(m), made the amendments to subsections (b) and (e) by Session Laws 2021-8, s. 6(g), applicable beginning with the 2022-2023 school year. Effect of Amendments. - Session Laws 2021-8, s. 6(g), effective April 9, 2021, rewrote subsection (b); in subsection (e), inserted "grounded in the Science of Reading” and deleted "in evidence-based reading services” prior to "outside the instructional day.” For applicability, see editor's note.