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unless one of the following applies:

1)The student has been in United States schools for less than three

full school years and has had less than three years in an

English as a second language program;

2)The student has been identified as a child with a disability, and the

student’s individualized education program or rehabilitation plan

exempts the student from retention;

3)The student demonstrates an acceptable level of performance on

an alternative standardized reading assessment identified by

the department of education;

4)The student was previously retained in any of grades K-3 but still

demonstrates a reading deficiency after intensive remediation

for two school years; or

5)All of the following apply:

a)The student is identified as a child with a disability and

with an IEP;

b)The student has taken the third grade English language

arts achievement assessment;

c)The student’s IEP or section 504 plan shows that the

student has received “intensive remediation” in reading

for two school years but still demonstrates a reading

deficiency; and

d)The student was previously retained in any of grades

kindergarten to three.

In addition, students with “significant cognitive disabilities” or other

disabilities can be exempted from the requirements to take the annual

diagnostic assessment, as authorized by ODE.

A student promoted under 4) above shall continue to receive intensive

reading instruction in fourth grade. This intensive instruction must

include an altered instructional day that includes diagnostic information

and specific research-based strategies that have been successful in

improving reading for low-performing students.

Proficiency or deficiency in reading must be assessed annually for

students enrolled in grades K-3. The assessment instrument can be

either the English language arts diagnostic assessment provided by the

department of education or a comparable test approved by the

department. The assessment for grades 1 through 3 must be completed

by September 30, but the deadline for kindergarten students is

November 1. In addition, the assessment may be administered

electronically using live video and audio connections so that the test

administrator may be in a separate location from the student.

The spring assessment for all third grade students is the Ohio

Achievement English language arts assessment.

A school district’s policy shall require that the students’ teachers “be

involved in the assessment and identification of students reading below

grade level.”

For those students reading below grade level, the district must:

1) Notify the parent in writing of the following:

a. The student has been identified as having a substantial

deficiency in reading;

b.Description of the current services provided to the student;

and

c.Description of the supplemental services and supports to

be provided in order to remediate the identified areas of