(a) By no later than October 1 of each year, or as soon as practicable if a student's reading need is identified after October 1, each public school district and open-enrollment public charter school shall notify the parent, legal guardian, or person standing in loco parentis to a student regarding:

1. (1) The student’s eligibility to participate in the literacy tutoring grant program under this section;
2. (2) The process for applying for the literacy tutoring grant program; and
3. (3) Other information provided by the Division of Elementary and Secondary Education.

(b) Beginning with the 2023-2024 school year, public school districts and open-enrollment public charter schools shall:

1. (1)

   1. (A) Notify all parents, legal guardians, or persons standing in loco parentis to a student, in writing, in a parent-friendly manner, of their student’s reading progress each time the student is assessed throughout the year using high-quality literacy screener results.
   2. (B) The written notification in a parent-friendly manner required under this section may be in the language of communication preferred by a parent, legal guardian, or person standing in loco parentis to a student;

2. (2)

   1. (A) Develop an individual reading plan for each student in kindergarten through grade three (K-3) who does not meet the reading standard as:

(i) Determined by the State Board of Education; and

1. (ii) Measured by:

(b) (b) The state annual accountability assessment.

1. (B) An individual reading plan shall include:

   1. (i) The student's specific, diagnosed reading skill needs, including without limitation:

(b) (b) Phonics decoding;

1. (c) (c) Text reading fluency;

   1. (d) (d) Vocabulary-building strategies; and

(e) (e) Self-regulated use of reading comprehension strategies as identified by high-quality literacy screener data;

1. (ii) The goals and benchmarks for the student's growth;

   1. (iii) How the student's progress will be monitored and evaluated;

      1. (iv) The types of additional instructional services and interventions the student may receive;
      2. (v) The intensive, evidence-based literacy intervention program aligned to the science of reading the student's teacher will use to address the areas of:

(b) (b) Phonics;

1. (c) (c) Fluency;

   1. (d) (d) Vocabulary; and

(e) (e) Comprehension;

1. (vi) The strategies the student's parents, legal guardians, or persons standing in loco parentis to the student are encouraged to use in assisting the student to achieve the student's reading goal; and

   1. (vii) Any additional services the student's teacher determines are available and appropriate to accelerate the student's reading skill development;
2. (3) Notify all parents, legal guardians, or persons standing in loco parentis to a student in writing of the content of their child's independent reading plan and progress on the independent reading plan throughout the year; and

3. (4) By the beginning of the 2024-2025 school year, report to the division the:

   1. (A) Types of interventions used; and

   2. (B) Students receiving each type of intervention.

      1. (c)
4. (1) By the beginning of the 2025-2026 school year, if a public school student has not met the third-grade reading standard as defined by the state board or the student does not have a good-cause exemption as provided under this section, the student shall not be promoted to grade four (4).

5. (2)

   1. (A) A student in grade three (3) who does not meet the reading standard for promotion to grade four (4) may be promoted by the school district for good cause.

   2. (B) A good-cause exemption for promotion shall be limited to the following students:

      1. (i) Limited English proficiency students who have had fewer than three (3) years of instruction in an English language learner program; and
      2. (ii) Students with a disability who are not eligible for the alternate assessment and who have an individualized education program or a 504 plan that reflects that the individual student:

(b) (b) Still demonstrates a need in reading proficiency or previously was retained in:

1. (1) (1) Kindergarten;
2. (2) (2) Grade one (1);
3. (3) (3) Grade two (2); or

4. (4) (4) Grade three (3);

   1. (iii) Students who:

(b) (b) Still demonstrate a need in reading proficiency and who previously were retained in:

1. (1) (1) Kindergarten;
2. (2) (2) Grade one (1);
3. (3) (3) Grade two (2); or

4. (4) (4) Grade three (3);

   1. (c) (c) Have received a special education referral and a full comprehensive evaluation; and

      1. (d) (d) Have not met exceptional education criteria;
      2. (iv) Students who have already been retained in kindergarten, grade one (1), grade two (2), or grade three (3) for one (1) year;
      3. (v)

(b) (b) A public school district and open-enrollment public charter school may use certain tools in reevaluating a student in accordance with state board rules, which shall include without limitation subsequent student assessments or alternative assessments; and

1. (vi) Other students with necessary, justifiable good-cause exemptions identified as appropriate by the state board, in consultation with reading experts.

2. (3) For each student who does not meet the reading standard established by the state board by the end of grade three (3), including students who are promoted with good-cause exemptions to grade four (4), during the subsequent summer and school year, the public school district or open-enrollment public charter school in which the student is enrolled shall:

   1. (A) Provide at least ninety (90) minutes of evidence-based literacy instruction aligned to the science of reading during each school day;

   2. (B) Assign the student to a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, or if the public school district or open-enrollment public charter school is unable to identify a teacher with a value-added model score in the top quartile statewide in English language arts for the past three (3) years, assign the student to a teacher:

      1. (i) With a highly effective rating according to the Teacher Excellence and Support System, Arkansas Code § 6-17-2801 et seq., where possible; or
      2. (ii) Deemed to be a high-performing teacher as defined by a Master Professional Educator designation;

   3. (C)

      1. (i) Provide parents, legal guardians, or persons standing in loco parentis to students with a “read-at-home” plan to support student early literacy growth.
      2. (ii) A “read-at-home” plan shall include evidence-based science of reading strategies and tools that are aligned to a student’s individual reading plan for parents, legal guardians, or persons standing in loco parentis to a student to use with their children;
   4. (D) Identify eligible students for literacy tutoring grants under this section and notify parents, legal guardians, or persons standing in loco parentis to a student regarding their child's eligibility;
   5. (E) Be given priority to receive a literacy tutoring grant; and
   6. (F) Be given the option to participate in additional intensive, evidence-based literacy intervention programs aligned to the science of reading.