§70-1210.903. Parental notification of proficiency level — Summer
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academy programs.
A. If a teacher determines that a student in second, third, fourth, and fifth grade is performing above grade level in mathematics by the start of the second quarter of the school year, the parent or legal guardian of the student shall be notified of:
1. The math proficiency level of the student;
2. The program of advanced math instruction available for the student; and
3. The potential for the student to participate in a summer academy or other program designed to assist the student in excelling in mathematics.
B. If a teacher determines that a student in second, third, fourth, and fifth grade is not performing at grade level in mathematics by the start of the second quarter of the school year, the parent or legal guardian of the student shall be notified of:
1. The math proficiency level of the student;
2. The program of math instruction for the student as required pursuant to this act; and
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 math proficiency.
C. A teacher who determines a student in second, third, fourth, and fifth grade is exceeding or not meeting grade-level targets for mathematics may, after consultation with the parent or legal
guardian of the student, recommend that the student participate in and complete a summer academy or other program.
D. Summer academy programs shall be designed to ensure that participating students successfully complete an advanced mathematical program or grade-level competencies in mathematics to enhance next-grade readiness. A summer academy math program shall be a program that incorporates the content of a scientifically research-based professional development program administered by the Commission for Educational Quality and Accountability or a scientifically research-based math program administered by the State Board of Education which is taught by teachers who have successfully completed professional development in the math program. All summer academy programs shall consist of a minimum of three
(3)consecutive days. The State Department of Education shall provide a list of qualified entities for providing the summer academy programs to all schools by April 1, 2026.
E. School districts may approve an option for students who are unable to attend a summer academy. The optional program may include, but not be limited to, an approved private provider of instruction, approved computer- or Internet-based instruction, or an approved program of math instruction monitored by the parent or legal guardian of the student. Public school districts shall not be required to pay for the optional program but shall clearly communicate to the parent or legal guardian the expectations of the program and any costs that may be involved.
F. Subject to the availability of funds, beginning one
(1)year after implementation of this section, the requirements of subsection C of this section may be expanded to apply to students in first grade. Each year thereafter, the requirements may be expanded by one grade level until the requirements apply to kindergarten students through fifth-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 the provisions of this section.
G. The State Board of Education shall promulgate rules to implement the provisions of this section, which shall include requirements for instructional time for summer academy programs, teacher qualifications, and evaluation of student achievement as a result of summer academy programs or other optional programs. Added by Laws 2025, c. 492, § 5, eff. July 1, 2025.