MARVIN MANDEL,

Governor

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determined that he has met the minimum level for the
previous grade; providing that the provisions of
this Act shall not be solely responsible for the

retention of a student more than once in certain

grades; providing that certain students are exempt
from the provisions of this Act; requiring the State
Board of Education and the local school boards to
create certain guidelines; and relating generally to
minimum reading levels for students in primary and
secondary schools.

BY adding to

Article 77 — Public Education

Section 98D

Annotated Code of Maryland

(1975 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 98D be and it is hereby added
to Article 77 — Public Education, of the Annotated Code
of Maryland (1975 Replacement Volume and 1975 Supplement)
to read as follows:

Article 77 — Public Education

98D.

(A)   THE STATE BOARD OF EDUCATION SHALL PRESCRIBE
FOR EACH GRADE TWO THROUGH [[12]] TWELVE A MINIMUM LEVEL
OF READING ABILITY WHICH SHALL PROGRESSIVELY RISE WITH
EACH SUCCEEDING GRADE. IF A LOCAL SCHOOL BOARD, BASED

UPON LOCAL ASSESSMENT OF STUDENT PROGRESS AND___IN

CONJUNCTION__WITH THE MARYLAND ACCOUNTABILITY ASSESSMENT

PROGRAM, DETERMINES THAT A STUDENT, IN GRADES TWO THROUGH
SEVEN, HAS NOT MET THE MINIMUM READING LEVEL AS
PRESCRIBED BY THE STATE BOARD OF EDUCATION FOR THE
PREVIOUS GRADE, THE STUDENT SHALL BE EITHER RETAINED IN
THE CURRENT GRADE OF ENROLLED IN AN APPROPRIATE READING
ASSISTANCE PROGRAM. [[FURTHER,]] THESE PROVISIONS MAY
NOT BE RESPONSIBLE SOLELY FOR WITHHOLDING GRADE
ADVANCEMENT MORE THAN ONCE IN GRADES TWO THROUGH SEVEN .
[[THOSE PUPILS]] PUPILS WHO ARE ENROLLED IN SPECIAL
READING ASSISTANCE PROGRAMS , OR WHO ARE PERFORMING UP TO
THEIR READING CAPACITY AS DETERMINED BY GUIDELINES

ADOPTED BY LOCAL SCHOOL BOARDS IN ACCORDANCE WITH STATE

BY-LAWS, OR WHO HAVE A PHYSICAL OR MENTAL HANDICAP WHICH
AFFECTS [[THE PUPIL'S]] HIS OR HER ABILITY TO READ, ARE
EXEMPT.

(B)   THE STATE BOARD OF EDUCATION SHALL PROMULGATE
BYLAWS TO MAKE EFFECTIVE THIS PROGRAM BY JULY 1, 1977.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.