Alabama Legislature

Senate Approves Delay of Literacy Act Student Holdback Requirement

Alabama senators meet. (Source: Todd Stacy, Alabama Daily News)

MONTGOMERY — The Alabama Senate on Tuesday voted to delay by two years the requirement that third graders who don’t read at set levels be held back in school, as described in the Alabama Literacy Act, despite opposition from some chamber leaders.

Sen. Rodger Smitherman, D-Birmingham, sponsored Senate Bill 94. It passed by a vote of 23-9.

The 2019 law currently requires that, starting at the end of the 2021-2022 school year, third grade students demonstrate sufficient reading skills before being promoted to fourth grade. Smitherman and others argued that COVID-19-caused learning loss would lead to more students being held back next year if lawmakers didn’t act.

Smitherman said he had met with superintendents from both Jefferson County and Birmingham City schools and they encouraged him to delay implementation of the Literacy Act.

“My only concern is the kids,” Smitherman said on the Senate floor. “We aren’t giving them a fair shot. So many of them have basically had a year away from the classroom, and we’re going to come in and ask them to take a test that if they fail they’ll get held back? How is that fair?”

As originally written, Smitherman’s bill would have delayed the implementation by three years. An amendment by Sen. Dan Roberts, R-Mountain Brook, changed that to two years, meaning the bill would be enforced starting in the 2023-2024 school year.

Sen. Arthur Orr, R-Decatur, who originally carried the Literacy Act in the Senate, spoke against Smitherman’s bill. He argued that the literary assessments won’t be given for another year, allowing for summer school, plus a regular fall and spring to catch students up.

“If I’m the current second grader who next year is a third grader and I’m not proficient in reading, under this bill, are you just going to pass me on through even though I’m not ready? Frankly, that’s what we’ve been doing for years and it’s why we passed the literacy act to begin with,” Orr said.

Education in Alabama is set to receive more than $4 billion from Congress’ various COVID-19 relief bills, some going directly to schools and some allocated by the state. Legislative leaders have said they want to prioritize summer school and after-school learning to make up for learning loss experienced during the pandemic.

The Alabama Education Association, superintendents association and school board groups last month told Alabama Daily News they favored at least a one-year delay in the holdback rule.

Smitherman’s bill now goes to the House, where Literacy Act sponsor Terri Collins, R-Decatur, also has said she was against the change. She previously said no action should be taken by lawmakers until they see how data from students’ yet-to-be-given statewide assessments show the extent of any learning loss caused by COVID-19.


How they voted on Senate Bill 94

Senator Vote
Greg Albritton, R-Range YES
Gerald Allen, R-Tuscaloosa NO
Will Barfoot, R-Montgomery YES
Billy Beasley, D-Union Springs YES
Tom Butler, R-Huntsville YES
Clyde Chamliss, R-Prattville NO
Donne Chesteen, R-Geneva YES
Linda Coleman-Madison, D-Birmingham YES
Patricia Dunn, D-Birmingham
Chris Elliott, R-Daphne YES
Vivian Figures, D-Mobile YES
Sam Givhan, R-Huntsville YES
Garland Gudger, R-Cullman YES
Kirk Hatcher, D-Montgomery YES
Jimmy Holly, R-Elba NO
Andrew Jones, R-Gadsden YES
Steve Livingston, R-Scottsboro YES
Del Marsh, R-Anniston NO
Jim McClendon, R-Springville YES
Tim Melson, R-Florence NO
Arthur Orr, R-Decatur NO
Randy Price, R-Opelika YES
Greg Reed, R-Jasper YES
Dan Roberts, R-Birmingham NO
Malika Sanders-Fortier
Clay Scofield, R-Guntersville YES
David Sessions, R-Mobile YES
Shay Shellnut, R-Trussville NO
Bobby Singleton, D-Greensboro YES
Rodger Smitherman, D-Birmingham YES
Larry Stutts, R-Tuscumbia NO
Jabo Waggoner, R-Vestavia YES
Tom Whatley, R-Auburn YES
Jack Williams, R-Mobile YES