31may01...1285h

2jan02...1928h

4/11/02 3401s

2001 SESSION

01-0928

04/09

HOUSE BILL 757

COMMITTEE: Education

AMENDED ANALYSIS

This bill establishes an early literacy and reading improvement program and makes an appropriation of $485,349 for the biennium ending June 30, 2003. This bill also establishes criteria for measuring school performance standards, requires the development of a local education improvement and assessment plan in each school district, and defines satisfactory progress in school performance areas.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

31may01...1285h

2jan02...1928h

4/11/02 3401s

01-0928

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Early Literacy and Reading Improvement. Amend RSA by inserting after chapter 193-F the following new chapter:

CHAPTER 193-G

EARLY LITERACY AND READING IMPROVEMENT

193-G:1 Purpose. The general court finds that in order to implement New Hampshire's policy of providing all pupils with the opportunity to read independently at grade level by the end of grade 3 it is essential to establish an early literacy and reading improvement program. Therefore, the general court enacts a program of support for those who impact the child's reading skill: parents and early child care providers who prepare young children for reading, and primary school teachers.

193-G:2 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of education.

II. "Department" means the department of education.

III. "State board" means the state board of education.

IV. "Primary school" means a school that includes grades K-3 or any grouping thereof.

V. "Pre-school children" means children through age 5 that are not enrolled in a primary school.

VI. "Early child care providers" means individuals that are paid to provide care and education to children through age 5 that are not enrolled in a primary school.

VII. "Early childhood specialist" means an experienced teacher who, by virtue of specialized training, appropriate experience, and demonstrated success, has the knowledge and skills necessary to provide early learning and reading assistance to other individuals.

VIII. "Primary caregivers" means parents, guardians, or others with primary responsibility for the child.

193-G:3 Early Literacy and Reading Improvement Program. Policy and Purpose. It shall be the policy of this state:

I. To support local efforts to enhance the early language, literacy, and prereading development of preschool age children, particularly those from low-income families, through strategies and professional development that are based on scientifically based reading research.

II. To provide preschool age children with cognitive learning opportunities in high-quality language and literature-rich environments, so that the children can attain the fundamental knowledge and skills necessary for optimal reading development in kindergarten and beyond.

III. To demonstrate language and literacy activities based on scientifically based reading research that supports the age-appropriate development of:

(a) Recognition, leading to automatic recognition, of letters of the alphabet.

(b) Knowledge of letter sounds, the blending of sounds, and the use of increasingly complex vocabulary.

(c) An understanding that written language is composed on phonemes and letters each representing one or more speech sounds that in combination make up syllables, words, and sentences.

(d) Spoken language, including vocabulary and oral comprehension abilities; and

(e) Knowledge of the purposes and conventions of print.

IV. To use screening assessments to identify effectively those preschool age children who may be at risk for reading failure;

V. To integrate such scientific reading research-based instructional materials and literacy activities with existing programs of preschools, child care agencies and programs, Head Start centers, and family literacy services.

VI. Involve institutions of higher education in partnerships to:

(a) Better prepare new teachers to utilize scientifically based early literacy knowledge and skills and deliver scientifically based reading instruction.

(b) Coordinate opportunities for early child care providers and primary caregivers to provide scientific and research-based support for the development of early literacy in preschool children [by working with together] by working together with local school districts and institutions of higher education to deliver high-quality, scientifically based reading instruction to preschool age children.

VII. That local school districts shall establish reading programs for students in kindergarten through grade 3 that are based on scientifically based reading research and to ensure that every student can read at grade level or above not later than the end of grade 3.

VIII. That teachers, including special education teachers, through professional development and other support, are trained and able to identify specific reading barriers facing their students and so the teachers have the tools to effectively help their students learn to read.

IX. That local school districts shall select and administer screening, diagnostic, and classroom-based instructional reading assessments.

X. That schools in this state shall select or develop effective instructional materials, including classroom-based materials to assist teachers in implementing the essential components of reading instruction, programs, learning systems, and strategies to implement methods that have been proven to prevent or remediate reading failure within a state.

XI. To coordinate among schools, early literacy programs, and family literacy programs to improve reading achievement for all children.

193-G:4 Early Literacy Program Established.

I. There is hereby established an early literacy program in the department of education. This program shall provide technical support and assistance to primary caregivers of young children and early child care providers in their efforts to obtain grants under the applicable provisions of the Elementary and Secondary Education Act, as reauthorized by Public Law 107-110, the No Child Left Behind Act of 2001.

II. The program shall include a structured assessment designed to determine the extent to which pre-kindergarten instruction results in pupils meeting the goals and policies established in RSA 193-G:3. The program shall also develop, provide, and evaluate scientifically based programs and courses and shall provide technical assistance to primary caregivers of young children and early child care providers.

193-G:5 Reading Improvement Program Established.

I. There is hereby established a reading improvement program in the department of education. This program shall provide technical support and grants to local education agencies.

II. The program shall include a scientifically based assessment designed to determine the extent to which pupils read at grade level by grade 3 and meet other goals established in RSA 193-G:3.

III. The administration of the reading improvement grant program shall include the following:

(a) Establishing forms and procedures for districts to use for the submission of reading improvement program grant requests, including:

(1) A detailed plan and budget, with the opportunity to request up to 3 years of financial assistance for primary school professional development and the further opportunity to apply for additional assistance based on demonstrated need.

(2) An assurance that grant funds will be used only to supplement and not supplant ongoing local efforts.

(3) A plan describing how grant activities will meet the goals of this program as established in RSA 193-G:3, including:

(b) A delineation of the geographic area to be served by the project.

(c) The provision of assistance to districts in the development of grant requests.

(d) Establishing an equitable grant review process that:

(1) Includes an evaluation of each proposal's educational appropriateness, and cost effectiveness, and the extent to which additional revenues are required to implement the proposed plan and activities, and.

(2) Gives priority to eligible school districts in which at least 15 percent of the children served by the district are from families with incomes below the poverty line.

(e) Reviewing grant requests with recommendations for approval, including level of funding and, to the extent possible, balanced geographic distribution.

(f) Distributing grant payments to school districts in accordance with an established payment schedule specified in the district's grant approval notification.

(g) Monitoring the implementation of funded plans and activities.

193-G:6 Rulemaking. The state board shall, pursuant to RSA 541-A, and not later than July 1, 2004, adopt rules relative to the administration of the early literacy and reading improvement programs established in RSA 193-G:4 and RSA 193-G:5.

193-G:7 Early Learning and Reading Improvement Oversight Committee Established.

I. An early learning oversight committee shall be established and shall consist of the following members:

(a) Three members of the house of representatives, appointed by the speaker of the house.

(b) Three members of the senate, appointed by the senate president.

(c) Three members of the public appointed by the governor, 2 of whom shall serve a 2-year term, and one of whom shall serve a 3-year term.

(d) Two members of the public, appointed by the speaker of the house, one of whom shall serve a 3-year term and one of whom shall serve a 2-year term.

(e) Two members of the public, appointed by the senate president, one of whom shall serve a 3-year term and one of whom shall serve a 2-year term.

II. Legislative members of the committee shall serve a term of office coterminous with their membership in the general court.

III. Legislative members of the committee shall receive mileage at the legislative rate while attending to the duties of the commission.

193-G:8 Duties.

I. The duties of the early learning oversight committee shall be to:

(a) Examine administrative models in place in New Hampshire and in other states to determine the most effective administrative structure and oversight to assure the effective implementation of the early literacy and reading programs funded in this act.

(b) Determine the most effective administrative relationship between the department of education, the department of health and human services and other providers of early literacy and reading programs to assure that the services provided interact in a manner which promotes efficiency and maximizes benefits to children.

(c) Review the development and implementation of the program to ensure it is in accordance with legislative policy. Implementation of the program shall be consistent with the committee's determinations in subparagraphs (a) and (b).

(d) Oversee the scientifically based early literacy and reading improvement programs established in RSA 193-G:4 and 193-G:5, including the impact of each program on the improvement of reading skills and comprehension of students in low-performing schools.

(e) Review the effect of the early literacy and reading improvement programs established in RSA 193-G:4 and 193-G:5 on the improvement of reading skill and comprehension of students in low-performing schools and early literacy and language skills of children in child care settings in the region of the schools.

(f) Review existing valid and reliable, scientifically based academic assessments that include in reading and mathematics for use as the primary means of determining the yearly performance of the state, its schools and pupils.

II. The department shall provide administrative oversight and support to the committee.

193-G:9 Report. The committee shall submit a report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the state library, and the governor on or before November 1 of each year.

2 Appropriation; Positions Established.

I. The sum of $485,349 for the biennium ending June 30, 2003 is hereby appropriated to the department of education to be used for the purposes set forth in this paragraphs II-III of this section. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

II. The department of education is hereby authorized to establish one program administrator position at labor grade 28, one education consultant position at labor grade 27, and one program assistant position, at labor grade 12 from funds appropriated in this act.

III. Funds appropriated in this section shall be used for the salary, benefits, equipment, and current expenses resulting from the new positions established in this act, to develop and implement the end of grade 3 reading assessment required in RSA 193-G:3, VII as inserted by section 1 of this act, and to implement the early literacy and reading improvement programs as set forth in RSA 193-G:4 and 193-G:5 as inserted by section 1 of this act.

3 Statement of Purpose. The general court finds that in order to ensure a balance between education improvement and assessment, it is necessary to establish a comprehensive, statewide educational accountability system that shall include:

I. Statewide performance goals for all pupils.

II. Statewide systematic measurement of school performance at the state and local levels using valid scientifically-based measures.

III. Reporting on pupil performance at the school, school district, and state levels.

IV. The development, implementation, and evaluation, with broad input from community teams, of local education improvement and assessment plans designed to meet state goals and other criteria for making progress, and any performance goals developed locally to meet identified educational needs.

V. The opportunity for schools that are not making satisfactory progress toward statutory performance goals to receive assistance from the state.

4 New Chapter; School Performance and Accountability. Amend RSA by inserting after chapter 193-G the following new chapter:

CHAPTER 193-H

SCHOOL PERFORMANCE AND ACCOUNTABILITY

193-H:1 Definitions. In this chapter:

I. "Commissioner" means the commissioner of the department of education.

II. "Department" means the department of education.

III. "NHEIAP" means the New Hampshire education improvement and assessment program as established under RSA 193-C.

193-H:2 State Plan. The commissioner, in consultation with the legislative oversight committee established in RSA 193-C:7, shall develop a plan that will enable the state of New Hampshire and local school districts to qualify for federal grants under applicable provisions of Public Law 107-110, the No Child Left Behind Act of 2001.

193-H:3 Statewide Performance Goals. A school should meet, exceed, or make adequate yearly progress as measured on annual student academic assessments toward each of the following performance goals:

I. All pupils should, at a minimum, perform at grade level on the reading component of the statewide assessment administered in grade 3 pursuant to RSA 193-C:3.

(a) For pupils with disabilities who qualify for the alternate version of the statewide assessment, performance at the adequate level shall be based on the communication component of the alternate assessment.

(b) For pupils whose native language is other than English and whose English language reading ability prevents them from participating in the statewide assessment, school districts, in conjunction with the department, should make a reasonable effort to provide an alternate assessment of each pupil's reading ability in the pupil's native language. If an alternate assessment is provided, the school district shall report pupil performance to the department of education for inclusion in school, district, and state third grade reading reports. If it is not feasible to administer the assessment in the pupil's native language, then the pupil may be excused from the assessment.

II. Schools shall make adequate yearly progress on statewide assessments administered in accordance with RSA 193-C.

III. Pupils should, at a minimum, attend school at the following rates:

(a) Ninety-five percent for elementary schools.

(b) Ninety-four percent for middle schools and junior high schools.

(c) Ninety-two percent for high schools.

(d) The appropriate grade-range attendance rate collected by the department at the district level shall be used as the school attendance rate in districts that have multiple schools at a particular grade range.

IV. The percentage of pupils who drop out of school annually should not exceed the following rates:

(a) 0.5 percent for middle schools and junior high schools.

(b) Five percent for high schools.

(c) The department shall calculate and report the annual dropout rate as a percentage based on the reported number of pupils who dropped out of school and did not return during a one year period as compared to the total school population.

V. The percentage of graduating pupils who go on to post-secondary education or military service should be at least 66 percent.

VI. Each school shall comply with the applicable standards for school approval adopted by the state board pursuant to RSA 21-N:9, I.

VII. Beginning May 1, 2005, and annually thereafter, the commissioner shall determine if a school has demonstrated that it is making adequate yearly progress toward, or has met or exceeded the performance goals established in this section. The criteria to be used to determine if a school is making adequate yearly progress shall be established by the legislative oversight committee established under RSA 193-C:7 with the assistance of the commissioner. A school shall be considered to be making adequate yearly progress in meeting the school approval standards specified in paragraph VI, if it either has been conditionally approved or granted a delay in full compliance by the state board.

VIII. Beginning May 1, 2005, and annually thereafter, the commissioner shall compile and disseminate to the governor and council, the general court, the state board, local school board chairpersons, superintendents of schools, school principals, and the public, a list of schools that are not making adequate yearly progress in meeting the statewide performance goals set forth in RSA 193-H:3.

IX. No later than January 1, 2006, and every 3 years thereafter, the state board shall submit to the education committees of the house and senate a report outlining the results of the state board's review of the performance goals established in paragraphs I-VI, including any recommendations to the general court for changes in these goals that have been adopted by a majority of the state board. In conducting its review, the state board shall consider the statistical validity and comparability of using additional performance data collected at the school and district levels.

5 New Subparagraphs; Statewide Education Improvement and Assessment Program; Program Goals Amended. Amend RSA 193-C:3, IV by inserting after subparagraph (h) the following new subparagraphs:

(i) At the end of grade 3, to determine if pupils are reading at grade level on a standardized reading test to be chosen by the department with the approval of the state board of education.

(j) At the school, district, and state levels, to provide performance reports on specific subgroups of pupils as required by federal law and regulations, including performance reports on pupils with disabilities, educationally disadvantaged pupils, and vocational education pupils.

6 Reporting on Pupil Performance. RSA 193-E:3 is repealed and reenacted to read as follows:

193-E:3 Reporting on the Delivery of Education.

I. Beginning August 1, 2002, and annually thereafter, each school district shall report to the department of education data at the school and district levels for the previous school year on the following indicators, provided however, that the department shall develop a reasonable schedule to phase-in the reporting of data that is not being collected systematically during school year 2001-2002:

(a) Numbers and percentages of pupils with disabilities, limited English proficient pupils, pupils in advanced placement programs, and pupils eligible for free or reduced-price meals.

(b) Pupil mobility rates calculated as the percentages of pupils who transfer into or out of a school each year. These percentages shall not include pupils who enter the school on opening day at the lowest grade in the school or pupils who leave the school upon completion of the highest grade in the school.

(c) Attendance and dropout rates.

(d) Performance on statewide tests administered pursuant to RSA 193-C:3, IV(i) or other assessments adopted by the state, including the percentage of pupils reading at grade level on the reading component of the grade 3 statewide educational assessment and performance on any other standardized tests administered at local option.

(e) Percentage of graduating pupils going on to post-secondary education and military service.

(f) Average class size for instructional purposes at the primary, intermediate, and secondary levels as of October 1.

(g) Number and percentage of educators teaching one or more courses outside of the educator's certification area and the percentage of all courses being taught by educators outside their certification area.

(h) Teacher and administrator turnover rates at the school and district levels.

II. Beginning August 1, 2002, and annually thereafter, each school district shall submit to the department of education data at the school and district levels for the previous school year and any other data required by federal law on the same or similar subject matter specified in subparagraphs I (b)-(g), or for any of the subgroups set forth in subparagraph I(a).

III. The department of education, with the approval of the legislative oversight committee established in RSA 193-C:7, may implement and report data on any additional indicators deemed relevant to the purposes of this section.

IV. In order to reduce school districts' administrative time and costs, the department of education shall develop and utilize user-friendly, computer forms and programs to collect the data set forth in paragraph I as well as all enrollment and cost data related to determining the cost of an adequate education The department shall request funds as part of its biennial operating budget to develop, update, and maintain the required forms and programs.

V. Not later than December 1, 2002, and annually thereafter, the department of education shall issue a public report on the condition of education statewide and on a district-by-district and school-by-school basis. This report shall be entitled "New Hampshire School District Profiles." It shall include demographic and pupil performance data including, but not limited to, district and school performance on state tests administered pursuant to RSA 193-C, all other data provided under paragraph I, as well as other relevant statistics as determined by the department of education. Comparisons with state averages shall be provided for data reported under subparagraphs I(a)-(h). Comparisons of each district and school to itself based on its own performance for the prior school year and its most recent 3-year rolling averages shall be provided for data reported under subparagraphs I(c)-(e). Statewide rankings of each district and school shall be provided for data reported under subparagraphs I(c)-(e), including a statewide ranking of each school and school district based on the percentage increase of improvement as compared with the same school district's performance in the previous year. The report shall be organized and presented in a manner that is easily understood by the public and that assists each school district with the identification of trends, strengths, and weaknesses and the development of its local school education improvement and assessment plan.

VI. Each school district shall provide an opportunity for public discussion of the report at a meeting of its governing body. The school district shall make the report available to the public at least 10 days prior to the meeting.

VII. No later then January 1, 2003, the department of education shall prepare and submit to the education committees of the house and senate a plan for collecting and evaluating data to determine the correlation between level of academic performance and such factors as pupils' gender, socioeconomic status, cost per pupil, class size, teacher qualifications, and use of various instructional strategies as well as an in-depth study of community members' perceptions of their involvement in education and of important educational issues. The plan shall include an estimate of the costs to the department and local school districts of collecting, analyzing, and reporting the results of these studies.

7 Statewide Education Improvement and Assessment Program; Local Education Improvement and Assessment Plans. RSA 193-C:9, I is repealed and reenacted to read as follows:

I.(a) Each school district shall be responsible for coordinating the development and implementation of a local education improvement and assessment plan. The plan shall be evaluated and reviewed annually and shall be included in the school district's annual report. The development and implementation of the plan and the annual evaluation and review shall be carried out with input from administrators, teachers, parents, employers, and other community members. The plan shall be approved by the local school board no later then October 31, 2003. At a minimum, each plan shall identify and set forth objectives for the school or each school in the district to achieve, including:

(1) Objectives and annual benchmarks for improved pupil performance in each of the statewide performance goals.

(2) Local assessment measures which focus on individual student performance.

(3) The use of local and statewide assessment results to improve instruction and enhance student learning.

(4) Methods for reporting the results of all assessment measures.

(5) Strategies to promote family and community involvement.

(6) Procedures detailing how the school district budget reflects the goals of the plan.

(b) Each plan may include the following elements:

(1) Curriculum and proficiency standards.

(2) School and district performance goals based on reported data on educational indicators listed in paragraph II of this section.

(3) Procedures for aligning curriculum and instructional practices.

(4) Role of support services and programs.

(5) Role of instructional leadership.

(6) Staff supervision and evaluation and performance-based professional development.

(7) Pupil behavior and conduct codes.

(8) Provisions for addressing individual school needs.

8 Statewide Education Improvement and Assessment Program; Local Education Improvement and Assessment Plans. RSA 193-C:9, IV is repealed and reenacted to read as follows:

IV. The department of education shall develop a model local education improvement and assessment plan which can be used by school districts. The model plan shall:

(a) Identify and set forth objectives for the school or each school in the district to achieve, including objectives and annual benchmarks for improved pupil performance in each of the applicable areas in which statewide performance goals have been established.

(b) Identify areas where improvements are needed immediately.

(c) Specify how the school or each school in the district will work to make improvements in the combined performance of all pupils enrolled in a school as well as the performance of discrete subgroups of pupils, including pupils with disabilities, limited English proficient pupils, and low income pupils.

(d) Specify the methods and assessments to be used in addition to NHEIAP assessments for the annual evaluation and review of the plan, including data to be collected, analyzed, and reported. This shall include the data specified in RSA 193-E:3, I as well as additional data determined locally.

9 Legislative Oversight Committee; Duties Amended. Amend RSA 193-C:8 to read as follows:

193-C:8 Duties of the Legislative Oversight Committee; Report. The oversight committee shall:

I. [The oversight committee shall review] Review the development and implementation of the program to ensure that they are in accordance with legislative policy. Implementation of the program shall be in conjunction with the committee's review.

II. Review all of the provisions of RSA 193-H and submit a report of such review every 2 years after the effective date of this section to the speaker of the house of representatives, the president of the senate, the governor, and the chairpersons of the house and senate education committees.

III. Prepare any legislation that is needed as a result of the review of the progress and results of the policies implemented under this chapter.

IV. Identify operational principles which should guide the work of the department of education in supporting improved school performance and accountability.

V. Analyze existing department of education programs and initiatives which support improved school performance and accountability and determine the necessity of enhancing such programs and initiatives, if deemed necessary.

VI.(a) Define "adequate yearly progress" within the context of relevant New Hampshire law.

(b) Determine the appropriate level of technical assistance that local school districts need from the department of education in order for the school districts to make adequate yearly progress.

(c) Make recommendations to the general court, in compliance with applicable provisions of Public Law 107-110, the No Child Left Behind Act of 2001, regarding appropriate remedies for schools that fail to make adequate yearly progress.

VII. Develop and recommend to the general court a schedule to be followed for accomplishing the achievement goals contained in applicable provisions of Public Law 107-110, the No Child Left Behind Act of 2001 requiring all students to perform at a proficient level.

10 Repeal. RSA 194:23-d, relative to state financial aid, is repealed.

11 Effective Date. This act shall take effect July 1, 2002.

LBAO

01-0928

Amended 4/3/02

HB 757 FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY: