1. A. If a teacher determines that a third-grade student is not reading at grade level by the end of the second quarter of the school year, the parent or guardian of the student shall be notified of:

   1. 1. The reading level of the student;
   2. 2. The program of reading instruction for the student as required pursuant to the Reading Sufficiency Act; and
   3. 3. The potential need for the student to participate in a summer academy or other program designed to assist the student in attaining grade-level reading skills.
2. B. A teacher who determines a third-grade student is unable to meet competencies required for reading for completion of third grade and promotion to fourth grade, may have the authority, after consultation with the parent or guardian of the student, to recommend that the promotion of the student to the fourth grade is contingent upon the participation in and successful completion of the required competencies for reading by the student at a summer academy or other program. If the student does not successfully complete the competencies in the summer academy or other program, the student may be retained in the third grade.
3. C. Summer academy programs shall be designed to ensure that participating students successfully complete the competencies necessary in reading for promotion to fourth grade and to enhance next-grade readiness. A summer academy reading program shall be a program that incorporates the content of a scientifically research based professional development program administered by the Oklahoma Commission for Teacher Preparation or a scientifically based reading program administered by the State Board of Education and is taught by teachers who have successfully completed professional development in the reading program or who are certified as reading specialists.
4. D. School districts may approve an option for students who are unable to attend a summer academy. The optional program may include, but is not limited to, an approved private provider of instruction, approved computer- or Internet-based instruction, or an approved program of reading instruction monitored by the parent or guardian. School districts shall not be required to pay for the optional program, but shall clearly communicate to the parent or guardian the expectations of the program and any costs that may be involved.
5. E. Subject to the availability of funds, beginning one (1) year after implementation of this section, the requirements of subsection B of this section shall be expanded to apply to fourth-grade student promotion to fifth grade. Each year thereafter, the requirements shall be expanded by one grade level until the requirements apply to third-grade students through eighth-grade students. Summer academy programs shall be designed for each grade level. Nothing in this section shall prevent the State Board of Education or a school district board of education from utilizing private, local, or federal funds to implement this section.

6. F. The provisions of this section shall not apply to:

   1. 1. Students who have individualized education programs pursuant to the Individuals with Disabilities Education Act (IDEA) and who satisfy the annual goals of the individualized education program for that student; and
   2. 2. Students who are English language learners who have been determined not to be proficient in English as defined by a state-designated English proficiency assessment.
7. G. The State Board of Education shall adopt rules to implement the provisions of this section which shall include requirements for instructional time for summer school programs, teacher qualifications, and evaluation of student achievement as a result of summer academy programs or other optional programs.

Laws 1999, HB 1759, c. 320, § 54, emerg. eff. July 1, 1999; Amended by Law 2001, HB 1499, c. 201, § 7, emerg. eff. July 1, 2001 (superseded document available); Amended by Laws 2002, SB 1631, c. 212, § 2, emerg. eff. July 1, 2002 (superseded document available); Amended by Laws 2003, HB 1767, c. 434, § 25 (superseded document available); Amended by Laws 2005, HB 1621, c. 385, § 3 (superseded document available); Amended by Laws 2006, HB 2712, c. 146, § 2, emerg. eff. May 12, 2006 (superseded document available).