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Thousands of third graders move on without knowing how to read. Should they be held back?
Indiana Secretary of Education Katie Jenner speaks during a Dec. 5, 2023, State Board of Education meeting. (Credit: Jarred Meeks)
The gist
Thousands of third graders fail the state’s reading test every year — signaling they can’t read at grade level, but almost all of them still advance to the fourth grade.
Republican legislative leaders, as well as the state’s top K-12 education official, want to tighten rules requiring more students who can’t read to repeat third grade in hopes that they can increase reading proficiency levels in Indiana.
In 2023, nearly one in five third graders failed the IREAD-3 test. That’s more than two and a half times the number of students who failed the test a decade ago when the state had strict retention policies in place.
“When you pass that kid on and they aren’t prepared to succeed, you aren’t doing that kid a favor,” House Speaker Todd Huston, R-Fishers, said on Organization Day, the ceremonial start to the legislative session.
But, if history is any indication, requiring more students to repeat a grade would be a controversial decision. Holding back students used to be the de facto policy in Indiana.
Democrats and some educational leaders are encouraging caution before reverting to that policy.
Even proponents of retention admit it is a “disruptive” intervention, while critics worry about the long term social implications of holding back students. It also could cost the state more money to pay for an additional year of schooling. Plus, Black and Hispanic students fail the IREAD at much higher rates, which means those students are the ones who would be retained more often.
“We really have to think long and hard about unintended consequences,” said Sen. Andrea Hunley, an Indianapolis Democrat who has 20 years of experience in public education.
When do schools have to retain students now?
The Indiana General Assembly passed a law in 2010 stating that retention should be used as a “last resort” when a student fails the IREAD test. Since then, additional guidance for schools on what that means has come from the state board that oversees K-12 education.
Since 2017 the State Board of Education has recommended schools “assess the student’s overall academic performance in all subject areas” when deciding whether to require a student to repeat third grade. Those who do move on to fourth grade are still required to receive third grade reading instruction.
English language learners, students in special education and those who had been retained twice also automatically qualify for “good cause exemptions.”
That guidance largely means schools have the flexibility to pass whomever they want to. And as a result, most schools chose to retain fewer students.
Of the nearly 14,000 students who failed the IREAD test in 2023, only roughly 400 students had to retake third grade. That means 97% of students who couldn’t read at a third grade level moved onto the fourth grade.
A decade ago when Republican state Superintendent Tony Bennett was in power, the state’s policies surrounding retention were much more stringent.
In 2013, for example, only 14 students who failed to qualify for a “good cause exemption” advanced to the fourth grade, while 1,500 students had to repeat third grade.
The policy was controversial back then, too. When Democrat Glenda Ritz became the superintendent of public instruction in 2013, she made changing the retention policy a priority. The policy, though, wouldn’t change until after her tenure.
Since then, IREAD scores have only dropped. During the 2012-2013 school year, 91.4% of students passed the IREAD, almost 10 percentage points more than in 2023.
That’s on trend with statistics across the country: Between 2019 and 2022, the percent of fourth graders who scored below proficient on reading increased in 42 states.
Today, Indiana is in the middle of the pack when it comes to fourth grade reading scores, according to the National Assessment of Educational Progress, which tracks fourth grader tests, not IREAD data specifically.
If a student passes IREAD by third grade, they are roughly 35% more likely to graduate high school, according to the Indiana Department of Education.
“There’s no doubt this is a tough topic. There’s no question,” said Indiana Secretary of Education Katie Jenner. “But we know from our data what happens when children can’t read by the end of third grade and they move forward. And so, that’s broken right now.”
What do studies show about the impact of retainment?
One reason retention is such a controversial concept is because studies on the impact of retention show mixed results, especially depending on at which grade level a student is retained.
Typically, though, students who are held back early in elementary school perform better than their peers who scored low but weren’t held back, at least in the immediate future, said Cory Koedel, an economics professor at the University of Missouri who has studied the issue.
“It’s quite clear,” Koedel said. “It seems that these early grade retention policies have positive effects on kids' achievement. The larger literature is mixed, but it turns out a lot of the negative effects of retention happens when retention is in later grades.”
He specifically knows the Indiana data well, having studied the impact of Indiana’s 2012-2017 retention policy on academic achievement with NaYoung Hwang, a professor at the University of New Hampshire.
Their study found that those students who didn’t pass the IREAD and repeated third grade performed better in math and English language achievement in fourth grade than their peers with similar IREAD scores.
The study, though, did not follow the students into high school, so the long-term impact on holding young students back is less clear.
Other studies on similar policies in Florida, Mississippi and Chicago came to similar conclusions.
Koedel’s study didn’t directly address how students were impacted when Indiana changed its retention policy. But he does have a theory based on the data he did study.
“It’s not a very big leap to conclude that there were these positive causal effects of retention, Koedel said. “And then they started retaining less students, and so those effects were lost.”
As of 2020, 17 states had mandatory retention laws.
Other potential negative outcomes of retainment
Data on non-academic outcomes is less clear. The Indiana study found no statistical evidence that holding back students adversely impacted their attendance or led to more disciplinary problems. But, a separate study on Florida’s policy found disciplinary issues increased among third graders that had to repeat the grade.
“It’s still very disruptive,” Koedel said. “No matter what, this is not a small touch intervention.”
Both Huston and Senate President Pro Tem Rodric Bray also acknowledged some parents may be unhappy to see their children held back.
“Will it make some parents mad?” Senate President Pro Tem Rodric Bray asked on Organization Day. “Yeah, I suppose so, but they need to be invested in their child’s education and success as well.”
There’s also potential budgetary concerns for schools and the state, because holding a child back means paying for another year of school. Huston said the state will figure out the budget needs.
Ongoing efforts to fix reading proficiency
Brandon Brown, CEO of The Mind Trust, an Indianapolis-based education nonprofit argued retention works, but it can’t be the only tool in the toolbox.
“When you pair third grade retention with a variety of other strategies, it does tend to lift achievement,” Brown said. “So I think it’s important to talk about this not as retaining third graders in isolation but really a comprehensive approach to improving literacy.”
The state already is pursuing a variety of tactics to increase reading proficiency in Indiana.
In August 2022, Lilly Endowment and the Indiana Department of Education announced a $111 million combined investment to support early literacy development. The funds created a literary center focused on the science of reading strategies, supported the deployment of instructional coaches to schools and gave students targeted help, according to the department.
During the 2023 legislative session, state lawmakers passed legislation advocating for what’s called “the science of reading,” a catchall term for research that considers phonics, phonemic awareness, and other science-based teaching methods essential to helping children learn to read.
The state also earmarked $100 million for academic improvement initiatives over the next two years, nearly half of which will support the department’s science of reading initiatives.
Hunley argued that lawmakers should wait to make major changes to the state’s retention laws until they can see how the recent law change will impact reading rates in Indiana.
“We have to give them time to work before we start, say, failing all children or retaining a whole class of children,” Hunley said. “I’d really implore us to allow our legislation time to work.”
During the 2024 legislative session, the Indiana School Boards Association plans to advocate for additional reading initiatives beyond just retaining students.
It favors mandatory IREAD-3 assessments for all second grade students, said Terry Spradlin, the association’s executive director. Currently, Indiana schools may opt to administer the assessment a year early to gauge their students’ progress.
In addition, the association contends second and third grade students who can’t read at their grade level should be compelled to take a mandatory summer school program focused on reading and literacy, Spradlin said, adding that “time on task” is an important aspect of helping students learn to read.
What’s next?
Lawmakers reconvene for the 2024 legislative session on Jan. 8. Legislative leaders will likely roll out their exact recommendations for how to tighten retention rules that week.
Likewise, Jenner and Gov. Eric Holcomb aren’t yet sharing details on what they’d like to see regarding this policy. After a Tuesday State Board of Education meeting, Jenner told reporters that Holcomb’s administration will reveal more about its third grade reading proposal in January.
Jenner said she wants to see legislation move on the topic, but she does want to allow students to advance to fourth grade who do rightfully qualify for a “good cause exemption.”
“But we also have way too many moving forward right now,” she said.
Indiana State Teachers Association President Keith Gambill indicated during a press conference last month that the state’s largest union would wait to share its thoughts on retention proposals until it sees the specifics of such legislation.
Contact Kaitlin Lange on X @kaitlin_lange or email her at [email protected].
Contact Jarred Meeks on X @jarredsmeeks or email him at [email protected].
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Indiana appeals court chief judge on AI, mental health, and the state’s dwindling number of lawyers
Many Hoosiers may be familiar with their local courts or hear about the opinions of the Indiana Supreme Court, but a middle tier in the state’s judiciary system shapes justice through some 2,000 rulings a year.
The 15 judges of the Indiana Court of Appeals dole out opinions on everything from murder and fraud to civil and child welfare cases. Every Hoosier has the right to appeal a conviction or ruling, and the Court of Appeals, the second-highest court in the state, takes up each case sent its way.
Chief Judge Robert R. Altice Jr. has analyzed thousands of cases since being appointed by Gov. Mike Pence in 2015. Prior to that, he spent 15 years as an elected judge in Marion County.
Altice sat down with State Affairs for a discussion on the ins and outs of his court, how changes in technology and mental health care have impacted his work and what he sees as a major problem facing the nation’s judicial system.
This conversation has been edited for clarity, brevity and length.
Q. What sort of cases does the Court of Appeals hear?
A. We hear really everything except death penalty cases. If there’s a death penalty case, it goes straight to the [state] Supreme Court. Otherwise, we get it.
I’ve had to publish an opinion on a traffic court case. About 65% of our cases are criminal. Every, everything under the sun: murders, rapes, robberies, child molestation.
Then there are civil cases. We do medical malpractice suits, traffic accidents, you name it. Complex business litigation? Our court was involved.
Q. How does the appeals process work? There’s not a new trial, right?
A. I’ll give you an example. Let’s say you got a murder case and the defendant gets convicted and gets 65 years, which is the max for a murder conviction. Everybody in the state of Indiana has got an automatic right to appeal. Not everybody takes that right, but most criminal defendants do.
Somebody will write his brief for him. That attorney will find three issues that they think will result in a new trial if we rule in their favor. That’s really what the appellate process is: Are the errors committed at the trial court level significant enough to warrant a new trial?
And then the attorney general in the criminal cases will write a brief in opposition, then the appellant or the defendant can file a reply brief as well.
We sit and read transcripts and their briefs and do our own research and come to a decision as to whether or not there was error at the trial court level that warrants a new trial.
Q. How many of the 2,000 cases your court receives a year, how many are taken up by the Indiana Supreme Court?
A. It is rare. You start with the proposition that trial courts throughout the state are doing about 2+ million cases a year. That’s everything. We do 2,000 opinions a year. I think the Supreme Court writes about 60 opinions a year. That’s what their taking of ours.
But we’re considered an error-correcting court, whereas that’s really not their role. Their role is more jurisprudential. It’s “should we look at changing in this regard or changing precedent.”
It’s really an inverse pyramid, with the trial courts, I always say, doing the heavy lifting.
Our turnaround time is very quick. It’s about three months. Some states require oral arguments in every single case, but we don’t.
If you ask for an oral argument, we will sometimes grant that. We do a lot of oral arguments, but most of our oral arguments are traveling oral arguments. We travel all over the state and do live arguments. And we do those in front of high schools, small colleges, bigger schools.
We answer questions or ask questions like we normally would do, and then once we’re finished, then we have a question and answer session with the students.
Q. One thing we heard about at the State of the Judiciary is there’s an attorney shortage in the state, particularly in rural areas. How has that affected your work?
A. I think we’re seeing more pro se litigants, people representing themselves, and that can be difficult because we hold them to the same standard that we would hold a lawyer to. It can be really difficult for them. So in that regard, it has hurt.
We’ll go to traveling oral arguments in some rural county, and the bar association will host a lunch for us. We’ll go and there’ll be six lawyers in the room and I’ll say to somebody, “So how many people are in the bar?” And they’ll say, “Well, you’re looking at it.”
That access to justice is a really difficult thing that I think the state of Indiana is dealing with now. The Supreme Court has just set up a task force to look into how we can improve that. I believe law schools are looking at incentivizing young kids to go practice in rural areas.
It’s a real issue. I think a lot of it stems from the low bar passage rate of the last 10+ years. It’ll be interesting to see what the task force thinks.
Q. How has technology impacted the court?
A. Technology has been huge. All our work is done online now. The briefs are filed online.
The technology that we have to keep an eye on, and we’re already looking at, is artificial intelligence. What impact is that going to have on the courts, especially our courts?
You can punch a button and write an opinion. It’s probably not going to be very good, but as technology improves, it’s going to be. We’re kind of leery of that.
But at the same time, from a research standpoint, it’s been a very valuable tool. We’ve been using AI in that regard for researching for some time now, with Westlaw and Lexus as they’ve come out with those kinds of tools.
Q. There have been changes in how the world views mental health. How has that impacted the court?
A. I see it primarily in the sentencing arena. Before every defendant is sentenced by a trial court, a pre-sentence investigation is prepared on them. And so that’s where you see a lot of that because it discusses their entire background, and the number of people with mental health issues coming through has really increased greatly.
I think the pandemic had a lot to do with that as well. But again, the mental health issues are very much creeping into the system, and one of the things that we’re constantly working on trying to be aware of and trying to, to the extent we can with alternatives to incarceration, assist people.
Q. Are there any other challenges facing today’s judiciary?
A. I guess not necessarily my court, but courts in general. It appears to me that Congress is broken. They’re not passing laws.
So, what are we doing? We have to rely on the other two branches of government to kind of take up the slack, and that’s why you’re seeing tons of executive orders.
That’s not traditionally their job, and then you’re seeing the courts being called upon to determine whether or not those regulations are enforceable.
I see that as a long-term problem that we’ve got to get corrected.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
How McCormick, Braun view abortion, taxes and other key issues
A Democrat-turned-Republican and Republican-turned-Democrat will soon face off in the race to become Indiana’s next governor.
Sen. Mike Braun, who voted as a Democrat prior to 2012, captured the Republican nomination in Tuesday’s primary. Jennifer McCormick, formerly a Republican Superintendent of Public Instruction, will represent the Democrats.
Voters will decide the state’s next chief executive in November.
A State Affairs analysis of the candidates’ campaign platforms and public statements found key differences — and a few similarities — in their planned approaches to a variety of issues impacting Hoosier voters.
Here is how they match up.
Abortion
Braun: As a senator, Braun has long supported abortion restrictions.
In 2020, he called for the Supreme Court to re-examine Roe v. Wade.
In 2023, he proposed federal legislation that would have required parental notification before any unemancipated minor could seek an abortion. He said at the time: “Hoosiers put their trust in me to stand up for the unborn, and that’s what I’ve been proud to do every day in the Senate.”
He has since signaled support for the state’s abortion ban. His platform reads: “State lawmakers must work to ensure the gains we have made to protect life are secured and strengthened.”
McCormick: In a Tuesday interview with State Affairs, McCormick said her candidacy represented a referendum on reproductive rights.
“I’m going to fight to restore those rights under any authority I can, working in a bipartisan fashion, using our committees, board and our agencies. I also know, too, what everybody’s fear is: that they’re [Republicans] not going to restore those rights and will take [restrictions] further.”
From her platform: “Indiana’s Republican-led extreme abortion ban has taken away the right of women to make deeply personal decisions regarding their own health care.”
Marijuana
Braun: At a March 26 Republican primary debate, Braun suggested an openness to legalizing medicinal marijuana.
“It’s gonna hit all of us. I’m gonna listen to law enforcement — they have to put up with the brunt of it,” he said. “Medical marijuana is where I think the case is best made that maybe something needs to change. But I’ll take my cue from law enforcement there as well. … I hear a lot of input where [medical marijuana is] helpful, and I think that you need to listen and see what makes sense.”
McCormick: The Democrat’s platform also addresses medical marijuana legalization, while speculating on possible recreational use.
“We will fight for the legalization of medical marijuana as a source of state revenue established on a well-regulated marketplace and monitored by a Cannabis Task Force in order to study the issues, opportunities and potential obstructions associated with recreational marijuana legalization.”
McCormick said she would also support expunging low-level marijuana-related convictions.
Taxes
Braun: At a March 19 National Federation of Independent Business forum, Braun said the state’s property tax system “went out of whack because it couldn’t respond to inflation like we’ve never seen before.”
“The way you finance any lower taxes would be to bank on the government being run more efficiently,” he said.
His platform also calls for government spending cuts to finance lower taxes: “Reducing the size of government is the key to cutting taxes, and Mike Braun will work through every state agency to find ways to save money while delivering high-quality services to taxpayers.”
McCormick: McCormick also spoke about taxes at the March 19 forum.
“I agree with a revamp of our taxing system,” she said. “But also it’s about not just how we’re getting our revenue, it’s about our expenditures. Yes, we need to fix our gas tax. Yes, we need to look at the income tax. But here’s the thing: There are hidden taxes we’re not having a conversation about.”
Her platform also references the possibility of combining state agencies as a way to save money.
Education
Braun: In his platform, Braun supports broadening school choice and parental rights.
“As a former school board member, Mike Braun knows parents are the primary stakeholders in their children’s education and every family, regardless of income or zip code, should be able to enroll in a school of their choice and pursue a curriculum that prepares them for a career, college or the military,” the platform reads.
Braun also pledged to ensure critical race theory and discussions about gender are banned in public schools.
McCormick: Education is one of McCormick’s primary issues, according to her platform.
She calls for the elimination of statewide testing, increased early childhood reading and child care options and a minimum base salary of $60,000 for all K-12 teachers.
McCormick also addresses the state’s school choice movement.
“We will call for a pause in the expansion of school privatization efforts while requiring fiscal and academic accountability and transparency for all of Indiana schools that receive public tax dollars,” her platform reads.
U.S.-Mexico border
Braun: Braun’s television ads have touched on border security, and his platform calls for increased focus on the area.
“Joe Biden and the left have created a humanitarian and national security crisis on our southern border,” the platform reads. “As governor, Mike will continue to support and enact the America First policies that were working. Otherwise, every town will become a border town.”
McCormick: McCormick’s border-related plans are more focused on facilitating legal immigration.
“We will work with local, state and federal officials in supporting an immigrant system that creates a safe, timely, orderly and humane pathway for those seeking legal immigration while keeping our communities and those responsible for border security safe,” her platform reads.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
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