"THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN WHICH THE PUPIL IS ENROLLED SHALL NOT PROMOTE THE PUPIL TO GRADE 4 UNLESS THE PUPIL'S LITERACY DEFICIENCY IS DETERMINED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY TO BE DUE TO A DISABILITY OTHER THAN A LEARNING DISABILITY THAT IS BASED SOLELY ON READING DIFFICULTIES."
So, according to this, the school can promote students with cognitive impairments, hearing impairments, speech and language impairments, etc. who struggle with reading but can't promote learning disabled student who struggles with reading. That makes no sense.
Also, where is the provision for the students who are showing growth over time and responding to the interventions the staff have put into place? Use some common sense here. My district has a lot of transient students. If a student comes to us at the beginning of 3rd grade reading at a pre-kindergarten level, it is impossible to get them reading at a beginning 4th grade level by the end of the year. That is too much ground to make up in a year. However, we can see significant gains in the child's reading skills over that time period. It is the child's progress over time that should be examined.
Finally, did you even bother to look at the research regarding retention prior to proposing this legislation?