LB 1050 — Provide requirements for dyslexia screening and limit advancement to grade four under the Nebraska Reading Improvement Act

6.

 For purposes of the Nebraska Reading Improvement Act:

(1) Approved reading assessment means an assessment of student reading skills approved by the State Board of Education which:

(a) Measures progress toward proficiency in the reading skills assessed pursuant to subsection (5) of section 79-760.03 on the statewide assessment of reading for grade three;

(b) Is valid and reliable;

(c) Is aligned with academic content standards for reading adopted by either the State Board of Education pursuant to section 79-760.01 or the school district administering such assessment pursuant to section 79-760.02;

-3- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 (d) Allows teachers access to results in a reasonable time period as established by the department, not to exceed fifteen contract days;

and (e) Is commercially available and complies with requirements established by the department;

(2) Dyslexia has the same meaning as in section 79-1118.01;

(3) Evidence-based reading instruction means instruction in reading that is in alignment with scientifically based reading research and does not include the three-cueing system model of reading instruction;

and (4) Three-cueing system model of reading instruction means an approach to foundational skills instruction that involves the use of three different types of instructional cues which include semantic, syntactic, and graphophonic.

Sec.

7.

Section 79-2603, Reissue Revised Statutes of Nebraska, is amended to read:

79-2603 (1) Each school district shall administer an approved reading assessment three times during the school year to all students in kindergarten through grade three, except for any student receiving specialized instruction for limited English proficiency who has been receiving such instruction for less than one year two years, any student receiving special education services for whom such assessment would conflict with the individualized education program plan, and any student receiving services under a plan pursuant to the requirements of section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.

794, or Title II of the federal Americans with Disabilities Act of 1990, 42 U.S.C.

12131 to 12165, as such acts and sections existed on January 1, 2021, for whom such assessment would conflict with such section 504 or Title II plan.

The first administration of such assessment for kindergarten students shall occur within the first forty-five calendar days that school is in session of each school year and for all other grades within the first thirty calendar days that school is in session of each school year.

(2) For any student with a persistent reading deficiency who has -4- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 otherwise completed grade three and participates in a summer reading program made available pursuant to section 79-2605, the school district shall offer to the parent or guardian of such student an opportunity to have an approved reading assessment administered to such student at the conclusion of the summer reading program.

If the student performs at or above the threshold level determined pursuant to subsection (4) of this section for grade three, the student shall no longer be identified as having a reading deficiency or a persistent reading deficiency, shall not be retained in grade three pursuant to section 12 of this act, and shall be promoted to grade four.

(2) For purposes of the Nebraska Reading Improvement Act, an approved reading assessment means an assessment of student reading skills approved by the State Department of Education which:

(a) Measures progress toward proficiency in the reading skills assessed pursuant to subsection (5) of section 79-760.03 on the statewide assessment of reading for grade three;

(b) Is valid and reliable;

(c) Is aligned with academic content standards for reading adopted by either the State Board of Education pursuant to section 79-760.01 or the school district administering such assessment pursuant to section 79-760.02;

(d) Allows teachers access to results in a reasonable time period as established by the department, not to exceed fifteen contract days;

and (e) Is commercially available and complies with requirements established by the department.

(3) On or before March 1, 2019, and on or before each March 1 thereafter, the State Department of Education department shall make public the list of approved reading assessments for the subsequent school year and the threshold level of performance for each such assessment to identify students who are able to read at or above grade level.

A student performing below the threshold level shall be identified as having a -5- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 reading deficiency for purposes of the Nebraska Reading Improvement Act.

(4) On or before October 1, 2026, the department shall establish and make public a threshold level of performance for the statewide assessment of reading for grade three administered pursuant to subsection (5) of section 79-760.03 and for each alternate assessment of reading for grade three administered pursuant to subsection (11) of such section to identify students who are able to read at or above grade level.

(5) On or before January 1, 2027, the department shall establish and make public a test-based student portfolio option to demonstrate mastery of grade three reading standard.

The department shall set criteria for the test-based student portfolio and a threshold level of performance to identify students who are able to read at or above grade level.

(6) (4) Diagnostic assessments used within a supplemental reading intervention program do not require department approval.

Sec.

8.

(1) Beginning with the 2027-28 school year, each school district shall adopt a policy to screen each student in kindergarten through grade two for the risk factors related to dyslexia using a dyslexia screener approved by the State Board of Education.

The dyslexia screener shall be administered annually during the spring for kindergarten and at the beginning of grades one and two.

The screening for each student shall include, as developmentally appropriate, all of the following:

(a) Phonological and phonemic awareness;

(b) Sound symbol recognition;

(c) Alphabet knowledge;

(d) Decoding skills;

(e) Rapid naming skills including letter naming and letter sound fluency;

(f) Encoding skills;

and (g) Oral reading accuracy and fluency.

(2) If the dyslexia screening indicates that a student has risk -6- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 factors for dyslexia or characteristics of dyslexia, the school must use a multi-tiered system of support framework to address the needs of the student.

(3) If a student's performance on a dyslexia screening indicates a need for dyslexia intervention services, the school district shall:

(a) Notify the student's parent or guardian of the results of all screenings;

and (b) Provide the student's parent or guardian with information and resource material that includes:

(i) The characteristics of dyslexia;

(ii) Appropriate classroom interventions and accommodations for students with dyslexia;

and (iii) A statement that the parent or guardian may elect to have the student receive additional educational evaluation by the school.

Sec.

9.

Section 79-2604, Reissue Revised Statutes of Nebraska, is amended to read:

79-2604 (1) Any student in kindergarten, grade one, grade two, or grade three shall be identified as having a reading deficiency if such student performs below the threshold level determined pursuant to subsection (3) of section 79-2603 on an approved reading assessment.

A student who is identified as having a reading deficiency pursuant to this subsection shall remain identified as having a reading deficiency until the student performs at or above the threshold level on an approved reading assessment.

(2) Any student identified as having a reading deficiency or continuing to have a reading deficiency following the final administration of an approved reading assessment for grade three shall be identified as having a persistent reading deficiency unless such student performs at or above (a) the threshold level determined pursuant to subsection (4) of section 79-2603 on the statewide assessment of reading for grade three or any alternate assessment of reading for grade three or -7- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 (b) the threshold level determined pursuant to subsection (5) of section 79-2603 on a test-based student portfolio.

Each student identified as having a persistent reading deficiency pursuant to this subsection shall remain identified as having a persistent reading deficiency until the student performs at or above the threshold level on an approved reading assessment for grade three, the statewide assessment of reading for grade three or any alternate assessment of reading for grade three, or a test- based student portfolio.

(3) (2) Nothing in the Nebraska Reading Improvement Act shall prohibit a school district from identifying any other student as having a reading deficiency.

Sec.

10.

 (1) For school years prior to the 2028-29 school year, the school of any student who is identified as having a reading deficiency shall notify such student's parents or guardians either in writing or by electronic communication no later than fifteen working days after the identification of the reading deficiency that the student has been identified as having a reading deficiency and that an individualized reading improvement plan will be established and shared with the parents or guardians.

(2)(a) Beginning with the 2028-29 school year, for any student who is identified as having a reading deficiency or who remains identified as having a reading deficiency following the administration of any approved reading assessment administered pursuant to section 79-2603, the school shall provide a notice to the parents or guardians of such student either in writing or by electronic communication no later than fifteen working days after the results of such assessment are received by the school.

Such notification shall include an acknowledgement for the parents or guardians to sign and return to the school.

(b) The notice required pursuant to this subsection for any student who is in kindergarten, grade one, or grade two shall include:

(i) A statement that the student has been identified as having a -8- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 reading deficiency or the student remains identified as having a reading deficiency;

(ii) A statement that an individualized reading improvement plan will be established and shared with the parents or guardians or that the student's existing individualized reading improvement plan will be reviewed by the school and any changes will be shared with the parents or guardians;

and (iii) For any notice provided regarding a student in grade two, an explanation that if the student continues to be identified as having a reading deficiency at the end of grade three and does not meet any of the threshold levels established pursuant to section 79-2603 for grade three, the student will be identified as having a persistent reading deficiency and may be retained in grade three for an additional school year as provided in sections 11 and 12 of this act.

(c) The notice required pursuant to this subsection for any student who is in grade three shall include:

(i) For any notice provided following any administration of an approved reading assessment except the final administration of an approved reading assessment for the school year:

(A) A statement that the student has been identified as having a reading deficiency or the student remains identified as having a reading deficiency;

(B) A statement that an individualized reading improvement plan will be established and shared with the parents or guardians or that the student's existing individualized reading improvement plan will be reviewed by the school and any changes will be shared with the parents or guardians;

(C) An explanation that if the student continues to be identified as having a reading deficiency at the end of grade three and does not meet any of the threshold levels established pursuant to section 79-2603 for grade three, the student will be identified as having a persistent -9- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 reading deficiency and may be retained in grade three for an additional school year as provided in sections 11 and 12 of this act;

and (D) An invitation for the parents or guardians to request a meeting to discuss the student's individualized reading improvement plan and potential changes to such plan with the teacher, the principal, or other pertinent school personnel;

and (ii) For any notice provided following the final administration of an approved reading assessment for the school year:

(A) A statement that the student has been identified as having a persistent reading deficiency and shall be retained in grade three for an additional school year except as otherwise provided in subsection (2) of section 79-2603, section 11 of this act, or section 12 of this act;

(B) A statement that the final administration of an approved reading assessment has occurred for the school year;

(C) An explanation of other options to meet a threshold level for grade three pursuant to section 79-2603;

(D) An explanation of the exceptions to the retention provisions in section 12 of this act;

and (E) An explanation of the process to request a meeting pursuant to section 11 of this act.

(3) The State Department of Education shall develop model notices schools may use in carrying out this section.

Sec.

11.

 (1) The parents or guardians of any student in grade three who has been identified as having a persistent reading deficiency may request a meeting with the student's teacher and any other school personnel selected by the principal to decide whether such student will advance to grade four for the next school year.

(2)(a) At any meeting requested by a parent or guardian pursuant to subsection (1) of this section, the student's teacher and any other school personnel selected by the principal shall, at a minimum, communicate to and discuss with the parents or guardians the following:

-10- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 (i) That the parents or guardians, the student's teacher, and other personnel of the school are meeting to consider whether retention in grade three should be used as an intervention strategy for the student and to discuss whether such student, despite having a persistent reading deficiency, will be able to maintain adequate academic progress at the next grade level;

(ii) The importance of achieving reading competency before leaving grade three, and that students who achieve reading competency by the end of grade three are more likely to graduate from high school and attain a postsecondary credential;

(iii) The student's body of evidence and the likelihood that the student, despite having a persistent reading deficiency, will be able to maintain adequate academic progress in grade four;

(iv) The increased level of intervention instruction the student will receive in the next school year regardless of whether the student advances to grade four;

and (v) The potential effects on the student if the student does not advance to grade four for the next school year.

(b) After discussing the issues specified in subdivision (2)(a) of this section, the parent, the teacher, and the other school personnel shall decide whether the student will advance to grade four for the next school year.

If the parent, teacher, and other school personnel are not in agreement, the parent shall decide whether the student will advance to grade four or be retained in grade three.

Sec.

12.

(1) Beginning with the 2028-29 school year, except as otherwise provided in this section and section 11 of this act, a school board shall not promote a student identified as having a persistent reading deficiency to grade four and shall retain such student in grade three.

(2) The provisions of subsection (1) of this section shall not apply to:

-11- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 (a) Any student who is exempt from the administration of an approved reading assessment pursuant to subsection (1) of section 79-2603;

(b) Any student receiving special education services or services under a plan pursuant to the requirements of section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.

794, or Title II of the federal Americans with Disabilities Act of 1990, 42 U.S.C.

12131 to 12165, as such acts and sections existed on January 1, 2026, who has participated in a supplemental reading intervention program pursuant to section 79-2605 for at least two school years and who was previously retained in kindergarten, grade one, grade two, or grade three for at least one school year;

(c) Any student receiving specialized instruction for limited English proficiency who has been receiving such instruction for less than two years;

or (d) Any student who has participated in a supplemental reading intervention program pursuant to section 79-2605 for at least one school year or who was previously retained in kindergarten, grade one, grade two, or grade three for at least one school year.

(3) No student shall be retained in grade three pursuant to this section more than once.

Sec.

13.

Section 79-2605, Reissue Revised Statutes of Nebraska, is amended to read:

79-2605 (1) Each school district shall provide a supplemental reading intervention program for the purpose of ensuring that students can read at or above grade level at the end of third grade.

School districts may work collaboratively with a reading specialist at the State Department of Education, with educational service units, with learning communities, or through interlocal agreements to develop and provide such supplemental reading intervention programs.

Each supplemental reading intervention program shall be:

(a) Provided to any student identified as having a reading -12- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 deficiency;

(b) Implemented during regular school hours in addition to regularly scheduled reading instruction unless otherwise agreed to by a parent or guardian;

and (c) Made available as a summer reading program between each school year for any student who has been enrolled in grade one, grade two, or grade three or in a higher grade and is identified as continuing to have a reading deficiency or a persistent reading deficiency at the conclusion of the school year preceding such summer reading program.

Such summer reading program may be (i) held in conjunction with existing summer programs in the school district, (ii) held in a community reading program not affiliated with the school district, or (iii) offered online.

(2) The supplemental reading intervention program may also include:

(a) Reading intervention practices that are evidence-based;

(b) Diagnostic assessments to identify specific skill-based strengths and weaknesses a student may have;

(c) Frequent monitoring of student progress throughout the school year with instruction adjusted accordingly;

(d) Intensive intervention using strategies selected from the following list to match the weaknesses identified in the diagnostic assessment:

(i) Development in phonemic awareness, phonics, fluency, vocabulary, and reading comprehension;

(ii) Explicit and systematic instruction with detailed explanations, extensive opportunities for guided practice, and opportunities for error corrections and feedback;

or (iii) Daily targeted individual or small-group reading intervention based on student needs as determined by diagnostic assessment data subject to planned extracurricular school activities;

(e) Strategies and resources to assist with reading skills at home, including parent-training workshops and suggestions for parent-guided -13- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 home reading;

or (f) Access to before-school or after-school supplemental reading intervention with a teacher or tutor who has specialized training in reading intervention.

(3) Beginning with the 2028-29 school year, each school district shall provide an intensive acceleration class for any student identified as having a persistent reading deficiency and retained in grade three.

Each intensive acceleration class shall include:

(a) Individualized instruction focused on the specific reading deficiencies of the student;

(b) Reading intervention practices that are evidence-based;

(c) Diagnostic assessments to identify specific skill-based strengths and weaknesses a student may have;

(d) Frequent monitoring of student progress throughout the school year with instruction adjusted accordingly;

(e) Intensive intervention using strategies selected from the following list to match the weaknesses identified in the diagnostic assessment:

(i) Development in phonemic awareness, phonics, fluency, vocabulary, and reading comprehension;

(ii) Explicit and systematic instruction with detailed explanations, extensive opportunities for guided practice, and opportunities for error corrections and feedback;

or (iii) Daily targeted individual or small-group reading intervention based on student needs as determined by diagnostic assessment data subject to planned extracurricular school activities;

(f) Strategies and resources to assist with reading skills at home, including parent-training workshops and suggestions for parent-guided home reading;

(g) The option of a transitional instructional setting designed to produce learning gains sufficient to meet grade four performance -14- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 standards in all other core academic areas while continuing to correct areas of reading deficiency;

and (h) Access to before-school or after-school supplemental reading intervention with a teacher or tutor who has specialized training in reading intervention.

(4) The State Board of Education shall establish criteria for reading interventions, programs, and instructional materials used under the Nebraska Reading Improvement Act.

The State Board shall not approve any intervention, program, or instructional material that is not evidence-based or that utilizes the three-cueing system model of reading instruction.

(5) The State Department of Education shall maintain and make publicly available a list of approved evidence-based interventions and supports designed to address dyslexia.

Sec.

14.

Section 79-2606, Reissue Revised Statutes of Nebraska, is amended to read:

79-2606  (1) The school of any student who is identified as having a reading deficiency shall notify such student's parents or guardians either in writing or by electronic communication no later than fifteen working days after the identification of the reading deficiency that the student has been identified as having a reading deficiency and that an individualized reading improvement plan will be established and shared with the parents or guardians.

(1) (2) Any student who is identified as having a reading deficiency shall receive an individualized reading improvement plan, which shall include a supplemental reading intervention program, no later than thirty days after the identification of such reading deficiency.

The reading improvement plan may be created by the teacher, the principal, other pertinent school personnel, and the parents or guardians of the student and shall describe the reading intervention services the student will receive through the supplemental reading intervention program pursuant to -15- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 section 79-2605 to remedy such reading deficiency.

Each such student shall receive reading intervention services through the supplemental reading intervention program pursuant to section 79-2605 until the student is no longer identified as having a reading deficiency.

(2) If a student is identified as exhibiting characteristics of dyslexia, the individualized reading improvement plan shall include evidence-based structured literacy instruction pursuant to section 79-11,156.

Sec.

15.

Section 79-2607, Reissue Revised Statutes of Nebraska, is amended to read:

79-2607  (1) For purposes of this section:

(a) Evidence-based reading instruction means instruction in reading that is in alignment with scientifically based reading research and does not include the three-cueing system model of reading instruction;

and (b) Three-cueing system model of reading instruction is an approach to foundational skills instruction that involves the use of three different types of instructional cues which include semantic, syntactic, and graphophonic.

(1)(a) (2)(a) The State Department of Education shall develop and implement a professional learning system to help provide sustained professional learning and training regarding evidence-based reading instruction for teachers who teach children from four years of age through third grade at an approved or accredited school and teachers employed by an early childhood education program approved by the State Board of Education.

The professional learning system shall include information and tips for teachers related to helping children and families work with local family literacy centers to strengthen home and family literacy programs and better instruct children in reading.

(b) Approved or accredited elementary schools and early childhood education programs approved by the State Board of Education shall ensure that teachers who teach children from four years of age through third -16- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 grade are aware of the professional learning system and are adequately trained regarding evidence-based reading instruction to effectively instruct students in reading.

(2) (3) The State Department of Education shall work with educational service units to provide regional coaches to approved or accredited elementary schools to provide assistance and job-embedded training relating to evidence-based reading instruction to teachers who teach students in kindergarten through third grade.

(4) On or before September 30 of each year, the Commissioner of Education shall file a report electronically with the Clerk of the Legislature relating to the status and use of the professional learning system implemented pursuant to this section.

(3) (5) It is the intent of the Legislature to appropriate two million dollars from the Education Future Fund for each fiscal year beginning with fiscal year 2024-25 through fiscal year 2026-27 to the State Department of Education to provide regional coaches and job- embedded training relating to evidence-based reading instruction pursuant to subsection (1) (2) or (2) (3) of this section.

(4) (6) The State Department of Education shall may provide technical assistance as needed to assist school boards in carrying out the Nebraska Reading Improvement Act.

(7) The department may adopt and promulgate rules and regulations to carry out the act.

Sec.

16.

On or before September 30 of each year, the Commissioner of Education shall file a report electronically with the Clerk of the Legislature relating to the Nebraska Reading Improvement Act.

For elements of the report requiring numbers of students, such numbers shall be reported by grade and by school district, except the Commissioner may aggregate student numbers at the educational service unit level when it is inappropriate to report such student numbers by school district.

Such report shall include, but not be limited to:

-17- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 (1) The number of students:

(a) Identified as having a reading deficiency, but not a persistent reading deficiency;

(b) Identified as having a persistent reading deficiency;

(c) Who were identified as having a reading deficiency, but not a persistent reading deficiency, for a portion of the school year and who are no longer identified as having a reading deficiency;

and (d) The number of students who were identified as having a persistent reading deficiency for a portion of the school year and are no longer identified as having a persistent reading deficiency;

and (2) For reports filed on or after July 1, 2029, the number of students identified as having a persistent reading deficiency:

(a) Who were retained in grade three pursuant to section 12 of this act;

(b) For whom a meeting pursuant to section 11 of this act resulted in agreement to retain such student in grade three;

(c) For whom a meeting pursuant to section 11 of this act resulted in agreement to advance such student to grade four;

(d) For whom a meeting pursuant to section 11 of this act did not result in agreement and the parents or guardians of such student chose to advance the student to grade four;

and (e) For whom a meeting pursuant to section 11 of this act did not result in agreement and the parents or guardians of such student chose to retain the student in grade three;

and (3) The status and use of the professional learning system implemented pursuant to section 79-2607.

Sec.

17.

The State Board of Education may adopt and promulgate rules and regulations to carry out the Nebraska Reading Improvement Act.

Sec.

18.

Original sections 79-11,156, 79-11,157, 79-11,157.01, 79-2601, 79-2602, 79-2603, 79-2604, 79-2605, 79-2606, and 79-2607, Reissue Revised Statutes of Nebraska, are repealed.

-18- AM2605 AM2605 LB1050 LB1050 TTB - 03/12/2026 TTB - 03/12/2026 Sec.

19.

Since an emergency exists, this act takes effect when passed and approved according to law.

-19-