G.S. 115C-83.7 — Read to Achieve

Plain English summary

North Carolina law requires that third graders who do not show reading proficiency on a state-approved test must be held back (retained), but certain students may qualify for a 'good cause' exemption that lets them move to fourth grade without meeting the standard. Students with IEPs, English Language Learners with fewer than two years in ESL programs, and students who previously faced multiple retentions are among those who may qualify. Even exempted students must still receive reading or literacy interventions appropriate for their age and level.

Key requirements

• State Board of Education must require retention of third-grade students who fail to demonstrate reading proficiency on a state-approved standardized test of reading comprehension (G.S. 115C-83.7(a))
• The standardized reading test may be readministered once before the end of the school year (G.S. 115C-83.7(a))
• Good cause exemptions from mandatory retention are limited to: (1) LEP students with fewer than two school years in an ESL program, (2) students with disabilities under G.S. 115C-106.3(1) whose IEP indicates NCEXTEND1 alternate assessment use, at least a two-year delay in educational performance, or receipt of intensive literacy interventions for at least two school years, (3) students demonstrating third-grade reading proficiency on a State Board-approved alternative assessment, (4) students demonstrating proficiency through a State Board-approved student reading portfolio, and (5) students who received literacy interventions and were previously retained more than once in K-3 (G.S. 115C-83.7(b), applicable beginning 2022-2023 school year)
• All exempted students must remain eligible to participate in reading camps and receive literacy interventions appropriate for their age and reading level (G.S. 115C-83.7(b), applicable beginning 2022-2023 school year)
• The teacher must submit documentation of the exemption and evidence supporting promotion to the principal (G.S. 115C-83.7(c)(1), applicable beginning 2022-2023 school year)
• The principal must review documentation and, if supporting promotion, make a written recommendation to the superintendent; the superintendent's final acceptance or rejection must also be in writing (G.S. 115C-83.7(c)(2))

Affected parties

• Local school administrative units (must implement retention and exemption procedures)
• Superintendents (must make final written promotion/retention decisions)
• Principals (must review documentation and make written recommendations)
• Third-grade teachers (must submit exemption documentation and student evidence to principal)
• State Board of Education (must approve alternative assessments and portfolio review processes)
• Third-grade students who do not demonstrate reading proficiency (subject to mandatory retention)
• Students with IEPs or disabilities as defined in G.S. 115C-106.3(1) (may qualify for exemption)
• Limited English Proficient students (may qualify for exemption)
• Students previously retained more than once in K-3 (may qualify for exemption)

Advocacy note

Students with disabilities whose IEPs document receipt of intensive literacy interventions for at least two school years qualify for a good cause exemption from third-grade retention — meaning an IEP team that has documented at least two years of intensive literacy intervention has already helped build the legal record needed to protect that child from being held back.

Official source

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_115C/GS_115C-83.7.pdf