Regular Session 2023-2024 Senate Bill 0801 P.N. 1359

PRIOR PRINTER'S NO. 898

PRINTER'S NO. 1359

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

801

Session of

2023

INTRODUCED BY AUMENT, A. WILLIAMS, PENNYCUICK, BARTOLOTTA,

COSTA, SCHWANK, HAYWOOD, BREWSTER, LAUGHLIN, MILLER AND

VOGEL, JUNE 15, 2023

SENATOR ARGALL, EDUCATION, AS AMENDED, FEBRUARY 7, 2024

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," IN CERTIFICATION OF TEACHERS, FURTHER

PROVIDING FOR TEACHER SUPPORT IN THE STRUCTURED LITERACY

PROGRAM; AND providing for evidence-based reading

instruction.

Section 1. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding an

article to read:

SECTION 1. SECTION 1205.8(A), (B), (C) AND (G) OF THE ACT OF

MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE

OF 1949, ADDED JULY 8, 2022 (P.L.620, NO.55), ARE AMENDED TO

READ:

SECTION 1205.8. [TEACHER] EDUCATOR SUPPORT IN THE STRUCTURED

LITERACY PROGRAM.--(A) (1) IT IS THE INTENT OF THE GENERAL

ASSEMBLY THAT [TEACHERS] EDUCATORS BE EQUIPPED TO FACILITATE

HIGH-QUALITY READING INSTRUCTION GROUNDED IN STRUCTURED LITERACY

AND INTERVENTION SERVICES TO ADDRESS STUDENT READING NEEDS.

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(2) THE PROGRAM PROVIDED IN THIS SECTION WILL ASSIST

[PARTICIPATING] SCHOOL ENTITIES IN PROVIDING PROFESSIONAL

DEVELOPMENT FOR [TEACHERS] EDUCATORS IN FOUNDATIONAL SKILLS AND

INSTRUCTIONAL INTERVENTIONS BASED ON STRUCTURED LITERACY AND

PROVIDING OPPORTUNITIES FOR SCHOOL PERSONNEL TO SERVE AS READING

COACHES TO SUPPORT [TEACHERS] EDUCATORS IN DELIVERING HIGH-

QUALITY READING INSTRUCTION.

(B) (1) BEGINNING WITH THE 2022-2023 SCHOOL YEAR, THE

DEPARTMENT SHALL ESTABLISH A PROGRAM OF PROFESSIONAL DEVELOPMENT

AND APPLIED PRACTICE IN STRUCTURED LITERACY FOR SCHOOL PERSONNEL

THAT INCLUDES IN-CLASS DEMONSTRATION, MODELING AND COACHING

SUPPORT TO IMPROVE READING AND LITERACY OUTCOMES.

(2) SCHOOL PERSONNEL SELECTED BY THE [PARTICIPATING] SCHOOL

ENTITY TO SERVE AS PROFESSIONAL COACHES FOR THIS PROGRAM MUST

HAVE AT LEAST FIVE YEARS OF EXPERIENCE IN TEACHING OF READING

AND BE ABLE TO DEMONSTRATE THEIR SKILLS IN THE INSTRUCTION OF

AND INTERVENTION WITH STUDENTS, INCLUDING THOSE WITH DYSLEXIA

AND OTHER LANGUAGE-RELATED DISABILITIES.

(3) THE DEPARTMENT MAY CONTRACT WITH MULTIPLE SERVICE

PROVIDERS, INCLUDING SCHOOL ENTITIES AND INSTITUTIONS OF HIGHER

EDUCATION WITH DEMONSTRATED EXPERIENCE IN STRUCTURED LITERACY,

TO DEVELOP AND IMPLEMENT THE PROGRAM SO THAT EXPERIENCED SUPPORT

IS AVAILABLE LOCALLY.

(4) A SERVICE PROVIDER, INCLUDING A SCHOOL ENTITY OR

APPROVED EDUCATOR PREPARATION PROGRAM THAT DEMONSTRATES

SUCCESSFUL IMPLEMENTATION OF LITERACY OUTCOMES, IS ELIGIBLE TO

PROVIDE PROFESSIONAL DEVELOPMENT AND ONSITE DEMONSTRATION AND

COACHING SUPPORT IN THE PROGRAM.

(5) A [PARTICIPATING] SCHOOL ENTITY SHALL ADOPT HIGH-QUALITY

INSTRUCTIONAL MATERIALS GROUNDED IN [SCIENTIFIC-BASED READING

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RESEARCH] EVIDENCE-BASED READING INSTRUCTION IN ACCORDANCE WITH

THE STATE ACADEMIC STANDARDS APPROVED BY THE STATE BOARD OF

EDUCATION.

SCHOOL ENTITY SHALL SATISFY THE CONTINUING EDUCATION

REQUIREMENTS OF 22 PA. CODE § 49.17 (RELATING TO CONTINUING

PROFESSIONAL EDUCATION), INCLUDING TRAINING IN STRUCTURED

LITERACY FOR PROFESSIONAL EMPLOYES WHO HOLD INSTRUCTIONAL

CERTIFICATES IN EARLY CHILDHOOD, ELEMENTARY-MIDDLE LEVEL,

SPECIAL EDUCATION-PK-12, ENGLISH AS A SECOND LANGUAGE AND

READING SPECIALIST. TO ENSURE THAT SCHOOL PERSONNEL HAVE THE

KNOWLEDGE AND SKILL TO TEACH ALL STUDENTS TO READ, INCLUDING

STUDENTS WITH DYSLEXIA AND OTHER LANGUAGE-BASED LEARNING

DISABILITIES, TRAINING SHALL ADDRESS, BUT SHALL NOT BE LIMITED

TO:

(I) EVIDENCE-BASED INTERVENTION PRACTICES ON STRUCTURED

LITERACY.

(II) EXPLICIT AND SYSTEMATIC INSTRUCTION IN PHONOLOGICAL AND

PHONEMIC AWARENESS.

(III) THE ALPHABETIC PRINCIPLE, DECODING AND ENCODING,

FLUENCY AND VOCABULARY.

(IV) READING COMPREHENSION AND BUILDING CONTENT KNOWLEDGE.

(2) SCHOOL EMPLOYES REQUIRED TO UNDERGO CONTINUING

PROFESSIONAL EDUCATION UNDER SECTION 1205.1, 1205.2 OR 1205.5

SHALL RECEIVE CREDIT TOWARD THE SCHOOL EMPLOYE'S CONTINUING

PROFESSIONAL EDUCATION REQUIREMENTS [IF THE TRAINING PROGRAM HAS

BEEN APPROVED BY THE DEPARTMENT].

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(G) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS

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THE CONTEXT CLEARLY INDICATES OTHERWISE:

"APPROVED EDUCATOR PREPARATION PROGRAM." A SEQUENCE OF

COURSES AND EXPERIENCES OFFERED BY A PREPARING INSTITUTION OR

ALTERNATIVE PROVIDER THAT IS REVIEWED AND APPROVED BY THE

DEPARTMENT.

"CHIEF SCHOOL ADMINISTRATOR." THE SUPERINTENDENT OF A SCHOOL

DISTRICT, EXECUTIVE DIRECTOR OF AN INTERMEDIATE UNIT,

ADMINISTRATIVE DIRECTOR OF AN AREA CAREER AND TECHNICAL SCHOOL

OR CHIEF EXECUTIVE OFFICER OF A CHARTER SCHOOL, CYBER CHARTER

SCHOOL OR REGIONAL CHARTER SCHOOL.

"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE

COMMONWEALTH.

"EDUCATOR." AS DEFINED IN SECTION 1501-N.

"EVIDENCE-BASED READING INSTRUCTION." AS DEFINED IN SECTION

1501-N.

["PARTICIPATING SCHOOL ENTITY." A SCHOOL ENTITY THAT ELECTS

TO TAKE PART IN THE STRUCTURED LITERACY PROGRAM.]

"SCHOOL ENTITY." A SCHOOL DISTRICT, INTERMEDIATE UNIT, AREA

CAREER AND TECHNICAL SCHOOL, CHARTER SCHOOL, CYBER CHARTER

SCHOOL OR REGIONAL CHARTER SCHOOL.

"STRUCTURED LITERACY." SYSTEMIC, EXPLICIT INSTRUCTION THAT:

(1) PROVIDES A STRONG CORE OF FOUNDATIONAL SKILLS IN THE

LANGUAGE SYSTEMS OF ENGLISH;

(2) INTEGRATES LISTENING, SPEAKING, READING, SPELLING AND

WRITING; AND

(3) EMPHASIZES THE STRUCTURE OF LANGUAGE ACROSS THE SPEECH

SOUND SYSTEM, THE WRITING SYSTEM, THE STRUCTURE OF SENTENCES,

THE MEANINGFUL PARTS OF WORDS, THE RELATIONSHIP AMONG WORDS AND

THE ORGANIZATION OF SPOKEN AND WRITTEN DISCOURSE.

SECTION 2. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:

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ARTICLE XV-N

EVIDENCE-BASED READING INSTRUCTION

Section 1501-N. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Contractual school day." The length of an educator's

scheduled work day.

"CORE CURRICULUM." THE CURRICULUM FOR ENGLISH LANGUAGE ARTS

THAT IS ADOPTED FOR TIER 1 INSTRUCTION TO ALL STUDENTS.

"COUNCIL." THE READING LEADERSHIP COUNCIL REQUIRED TO BE

ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1502-N(A)(5).

"Criterion-referenced tool." An assessment tool that

measures a student's knowledge or skills against a predetermined

standard, learning goal, performance level or other specific

criterion, including grade-level expectations based on national

standards from data from a universal screening system.

"Curriculum-based tool." An assessment tool that measures a

student's progress through the curriculum and whether that

process is adequate.

"EDUCATOR." AN INDIVIDUAL WHO HAS COMPLETED APPROVED

PROFESSIONAL DEVELOPMENT UNDER SECTION 1205.8 AND IS RESPONSIBLE

FOR PROVIDING OR SUPERVISING READING INSTRUCTION, INTERVENTION

OR COACHING, INCLUDING AN ELEMENTARY TEACHER, SCHOOL READING

SPECIALIST, READING INTERVENTIONIST, SPECIAL EDUCATION TEACHER,

LITERACY COACH, PRINCIPAL OR CHIEF SCHOOL ADMINISTRATOR.

"Evidence-based reading instruction." A program of

STRUCTURED literacy instruction, for students in kindergarten

through grade three, that is aligned with the science of

reading, including explicit and systematic instruction in

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phonemic awareness, the alphabetic principle, decoding,

ENCODING, fluency, vocabulary, comprehension and building

content knowledge. THE INSTRUCTION MAY NOT INCLUDE STRATEGIES

FOR TEACHING STUDENTS TO READ BASED ON MEANING, STRUCTURE AND

SYNTAX AND VISUAL CUES, WHICH MAY ALSO BE KNOWN AS MSV.

"Literacy intervention approaches." Evidence-based, skills-

based specialized reading, writing and spelling instruction that

is systematic and explicit and intensified based on the needs of

the student.

"Norm-referenced tool." An assessment tool that measures a

student's knowledge or skills to the knowledge or skills of the

national norm group.

"Parent." An individual who has legal custody or

guardianship of a student.

"School entity." A school district, intermediate unit, area

career and technical school, charter school, cyber charter

school or regional charter school.

"Science of reading." Evidence-based instructional and

assessment practices that address the multimodal approach that

integrates listening, speaking, reading, spelling and writing in

the acquisition of oral and written language skills that can be

differentiated to meet the needs of individual students.

"STRUCTURED LITERACY." THE TERM SHALL HAVE THE SAME MEANING

AS PROVIDED IN SECTION 1205.8.

"Universal reading screener." An assessment tool that meets

all of the following:

(1) Is used as part of a multitiered system of support

SYSTEM, FOR EXAMPLE, A MULTITIERED SYSTEM OF SUPPORT, to do

all of the following:

(i) Determine:

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(A) if a student is at risk for developing

reading difficulties; and

(B) the need for intervention.

(ii) Evaluate the effectiveness of core curriculum

as an outcome measure.

(2) Does all of the following:

(i) Measures phonemic awareness, the alphabetic

principle, decoding, fluency, vocabulary, comprehension

and building content knowledge. UNDERSTANDING OF THE

ALPHABETIC PRINCIPLE, DECODING AND ENCODING SKILLS,

FLUENCY, VOCABULARY AND COMPREHENSION .

(ii) Identifies students who have a potential

reading deficiency, including identifying students with

characteristics of dyslexia.

(iii) Measures students STUDENTS' READING KNOWLEDGE

AND SKILLS against national norms.

Section 1502-N. Evidence-based reading instruction curriculum.

(a) Department duties.--

(1) The department shall provide a process through which

a vendor may submit an application for department approval of

an evidence-based reading instruction curriculum which meets

the requirements under paragraph (2). DEVELOP A PROCESS FOR A

VENDOR TO SUBMIT AN EVIDENCED-BASED READING INSTRUCTION

CURRICULUM FOR REVIEW BY THE DEPARTMENT, IN CONSULTATION WITH

THE COUNCIL, FOR INCLUSION ON THE LIST DEVELOPED AND

MAINTAINED UNDER PARAGRAPH (2).

(2) The BY DECEMBER 1, 2024, THE department shall

develop and maintain a list of department-approved, evidence-

based reading instruction curricula for use in school

entities. A curriculum on this list must meet all of the

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following requirements:

(i) Include a logical scope and sequence that is

sequential, systematic and cumulative.

(ii) Include or support the use of high-quality

instructional materials as outlined by EdReports or a

similar service.

(I) BE ALIGNED WITH THE COMMONWEALTH'S ACADEMIC

STANDARDS AND THE SCIENCE OF READING.

(II) INCLUDE A LOGICAL SCOPE AND SEQUENCE FOR

IMPLEMENTING CURRICULUM THAT IS SYSTEMATIC AND

CUMULATIVE.

(3) The department shall maintain all of the following

on the department's publicly accessible Internet website:

(i) The current list of curricula under paragraph

(2).

(ii) The criteria and rubric used to identify high-

quality curriculum under paragraph (2).

(4) The department shall provide a process through which

a school entity can submit an application for department

approval of an alternative curriculum that meets the

requirements under paragraph (2). THE CRITERIA AND RUBRICS

USED TO IDENTIFY HIGH-QUALITY CURRICULUM UNDER PARAGRAPH (2)

AND TO APPROVE UNIVERSAL READING SCREENERS UNDER SECTION

1503-N(D)(1). THE CRITERIA AND RUBRICS MUST BE DEVELOPED IN

CONSULTATION WITH THE COUNCIL.

(4) THE DEPARTMENT SHALL PROVIDE A PROCESS THROUGH WHICH

A SCHOOL ENTITY CAN SUBMIT AN APPLICATION FOR ADDITIONAL

CURRICULUM THAT MEETS THE REQUIREMENTS UNDER PARAGRAPH (2)

FOR INCLUSION ON THE LIST DEVELOPED AND MAINTAINED BY THE

DEPARTMENT UNDER PARAGRAPH (2).

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(5) The department shall add curricula approved under

paragraph (4) to the list under paragraph (2). ESTABLISH A

READING LEADERSHIP COUNCIL THAT SHALL ADVISE THE DEPARTMENT

ON THE DEVELOPMENT AND MAINTENANCE OF THE LIST OF READING

INSTRUCTION CURRICULA REQUIRED UNDER PARAGRAPH (2), THE LIST

OF UNIVERSAL READING SCREENERS AND THE LIST OF STRUCTURED

LITERACY INTERVENTION APPROACHES REQUIRED UNDER SECTION 1503-

N(D)(1). THE FOLLOWING SHALL APPLY:

(I) THE COUNCIL SHALL HAVE 20 MEMBERS APPOINTED BY

THE DEPARTMENT WHO HAVE EXPERTISE IN STRUCTURED LITERACY

AND SHALL INCLUDE PUBLIC SCHOOL ELEMENTARY SCHOOL STAFF,

INCLUDING THE FOLLOWING:

(A) PRIMARY CLASSROOM TEACHERS IN KINDERGARTEN

THROUGH THIRD GRADE.

(B) READING SPECIALISTS.

(D) ELEMENTARY SPECIAL EDUCATION TEACHERS.

(E) A LEARNING SUPPORT EMPLOYEE WITH EXPERIENCE

WORKING WITH SUBGROUPS AS DEFINED IN THE EVERY

STUDENT SUCCEEDS ACT (PUBLIC LAW 114-95, 129 STAT.

1802).

(II) MEMBERSHIP ON THE COUNCIL SHALL REFLECT

GEOGRAPHIC REPRESENTATION OF SCHOOL DISTRICTS, INCLUDING

DIVERSITY OF DISTRICT TYPES, INCLUDING RURAL, URBAN AND

SUBURBAN.

(III) THE COUNCIL SHALL MEET AT LEAST ONCE EVERY TWO

MONTHS AT DATES AND TIMES DETERMINED BY THE DEPARTMENT.

(IV) IN PERFORMING ITS WORK, THE COUNCIL MAY CONSULT

WITH OTHER PROFESSIONALS AND NONPROFIT ORGANIZATIONS WITH

EXPERTISE IN STRUCTURED LITERACY.

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(6) THIS SUBSECTION SHALL EXPIRE FIVE YEARS FROM THE

EFFECTIVE DATE OF THIS PARAGRAPH.

(b) School entity duties.-- If a school entity serves

students in kindergarten, first, second or third grade, the

school entity shall do all of the following before the beginning

of the 2025-2026 school year: A SCHOOL ENTITY SHALL DO ALL OF

THE FOLLOWING BEGINNING WITH THE 2025-2026 SCHOOL YEAR:

(1) Adopt an evidence-based reading instruction

curriculum from the list under subsection (a) .

(2) Approve a professional education DEVELOPMENT program

as required under section 1205.8(c) for educators providing

reading instruction.

(3) Identify an individual EDUCATOR responsible for

assisting each school with the implementation of the

curriculum adopted under paragraph (1).

(4) Demonstrate that each educator responsible for

reading instruction or coaching has completed approved

professional development under paragraph (2), including each

educator identified or certified as any of the following:

(i) Elementary teacher.

(ii) School reading specialist.

(iii) Reading interventionist.

(iv) Special education teacher of students with

disabilities.

(v) The individual identified under paragraph (3).

(vi) Literacy coach.

(vii) Building-level principal and school

administrator.

(4) DEMONSTRATE THAT EACH EDUCATOR RESPONSIBLE FOR

PROVIDING READING INSTRUCTION OR COACHING IS IN THE PROCESS

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OF COMPLETING APPROVED PROFESSIONAL DEVELOPMENT UNDER

PARAGRAPH (2). AN EDUCATOR MUST COMPLETE APPROVED

PROFESSIONAL DEVELOPMENT UNDER PARAGRAPH (2) NO LATER THAN

THE BEGINNING OF THE 2027-2028 SCHOOL YEAR.

Section 1503-N. Reading screening.

(a) Duty.--Beginning July 1, 2024 2025 , a school entity

shall screen each student enrolled in kindergarten through third

grade three times a year for reading competency using a

universal reading screener chosen from the list of approved

universal reading screeners under subsection (d). The first

screening shall be administered to students within the first 30

days of the school year. The second screening shall be

administered at the halfway point of the school year. The third

screening shall be administered within 30 days of the end of the

school year. FOR READING COMPETENCY THREE TIMES EACH SCHOOL

YEAR, ONCE AT THE BEGINNING OF THE SCHOOL YEAR, ONCE DURING THE

MIDDLE OF THE SCHOOL YEAR AND ONCE AT THE END OF THE SCHOOL

YEAR. IN CONDUCTING THE SCREENING, THE SCHOOL ENTITY SHALL USE A

UNIVERSAL READING SCREENER CHOSEN FROM THE LIST OF APPROVED

UNIVERSAL READING SCREENERS UNDER SUBSECTION (D).

(b) Time and coverage.-- A school entity shall provide:

(1) Educators time during the contractual school day to

complete data entry and compilation associated with the

screener, to communicate with families and any other

responsibility required under this section.

(2) Substitute professional employee coverage for

instruction or student support when the educator is meeting

the responsibilities under this section. A SCHOOL ENTITY

SHALL PROVIDE EDUCATORS TIME DURING THE CONTRACTUAL SCHOOL

DAY TO COMPLETE DATA ENTRY AND COMPILATION ASSOCIATED WITH

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THE SCREENER, TO COMMUNICATE WITH FAMILIES AND CARRY OUT ANY

OTHER RESPONSIBILITY REQUIRED UNDER THIS SECTION. NOTHING IN

THIS ARTICLE SHALL BE CONSTRUED TO SUPERSEDE OR PREEMPT THE

RIGHTS, REMEDIES AND PROCEDURES AFFORDED TO SCHOOL EMPLOYEES

OR LABOR ORGANIZATIONS UNDER FEDERAL OR STATE LAW OR ANY

PROVISION OF A COLLECTIVE BARGAINING AGREEMENT NEGOTIATED

BETWEEN A SCHOOL EMPLOYER AND AN EXCLUSIVE REPRESENTATIVE OF

THE EMPLOYEES IN ACCORDANCE WITH THE ACT OF JULY 23, 1970

(P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT .

required under subsection (a) for the following students:

(1) A student receiving specialized instruction for

limited English proficiency who has been receiving the

instruction for less than two years.

(2) (1) A student receiving special education services

for whom the assessment would conflict with the

individualized education plan PROGRAM .

(3) (2) A student receiving services under a plan

pursuant to 29 U.S.C. § 794 (relating to nondiscrimination

under Federal grants and programs) for whom the assessment

would conflict with 29 U.S.C. § 794.

(d) List of screeners.--

(1) The department, in consultation with evidence-based

reading instruction curriculum and special education

supervisors from local education agencies, elementary school

teachers and elementary special education teachers, THE

COUNCIL, shall develop, maintain and publish on the

department's publicly accessible Internet website a list of

universal reading screeners and a list of STRUCTURED literacy

intervention approaches that are aligned with the essential

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components of evidence-based reading instruction, including

phonemic awareness, decoding, ENCODING, fluency, vocabulary

and comprehension. Initial publication of the lists must

occur by December 1, 2023 2024 .

(2) In determining which universal reading screeners to

include on the list, the department shall consider the

following factors:

(i) The time required to conduct the screening, with

the intention of minimizing impact on instructional time.

(ii) The timeliness in reporting screening results

to teachers, administrators and parents.

(iii) The integration of assessment and instruction

the screener provides, including the ability to provide

progress monitoring capabilities and a diagnostic tool to

support teachers or a progress monitoring team with

targeted instruction based on student needs.

(iv) Whether screening, diagnostic assessment and

progress monitoring processes are aligned with a

multitiered system of support procedures and whether

tools are norm-referenced, criterion-referenced or

curriculum-based as appropriate.

(3) The department shall include with its list of

aligned universal reading screeners and literacy intervention

approaches an explanation of how the screeners and

interventions were selected, including consultation with

national expert organizations and the evidence-based standard

protocol intervention as demonstrated by the National Center

on Intensive Intervention or similar validated research.

(4) (3) The department shall provide professional

learning DEVELOPMENT on reading screening and literacy

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intervention approaches at no cost to the educator which

shall be provided during the contractual school day.

Section 1504-N. Reading deficiency and identification.

(a) Student.--A student in kindergarten through grade three

shall be identified as having a reading deficiency if an

approved universal reading screener identifies the student at

risk for reading failure under section 1503-N ADMINISTERED UNDER

SECTION 1503-N IDENTIFIES THE STUDENT AT RISK FOR READING

FAILURE .

(b) Reading deficiency.--A student who is identified as

having a reading deficiency under this section shall remain

identified as having a reading deficiency until the student

performs at or above the threshold level on an approved

universal reading screening with at least three data points

showing this threshold has been met. AN IDENTIFIED THRESHOLD

LEVEL USING AT LEAST THREE DATA POINTS, WHICH MAY INCLUDE

RESULTS ON A UNIVERSAL READING SCREENER, THE EDUCATOR'S

PROFESSIONAL JUDGMENT ON A STUDENT'S PERFORMANCE, PROGRESS

MONITORING OUTCOMES, DIAGNOSTIC ASSESSMENTS, BENCHMARK

ASSESSMENTS AND FORMATIVE OR SUMMATIVE ASSESSMENTS.

a school entity from identifying a student in another grade

level as having a reading deficiency BEING IN NEED OF READING

INTERVENTIONS .

Section 1505-N. School entity duties and reading intervention

plan.

(a) School entity.--A school entity shall offer a reading

intervention plan to each student in kindergarten through grade

three who is identified as having a reading deficiency under

section 1504-N to ensure WITH THE GOAL OF ENSURING that the

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student can read at or above grade level by the end of grade

three.

(b) Development.--The reading intervention plan shall be

developed by the teacher, principal or other professional

employee who has specialized training in reading intervention AN

EDUCATOR .

in addition to core reading instruction that , AT A MINIMUM,

INCLUDE READING INTERVENTION APPROACHES AND BE PROVIDED IN

ADDITION TO WHAT is provided to each student in the general

education classroom and evidence-based instruction curriculum.

The reading intervention plan shall:

(1) Be provided to each student in kindergarten through

grade three identified with a reading deficiency as

determined by the department-approved universal reading

screener assessment administered within the first 30 days of

the school year.

(2) Include literacy intervention approaches.

(3) Monitor the reading progress of each student's

reading skills throughout the school year and adjust

instruction according to student needs.

(4) Be implemented during regular school hours.

Section 1506-N. Parent notification.

Each parent of a kindergarten through third grade student who

exhibits a deficiency in reading during the school year must be

notified in writing or by electronic communication no later than

15 days after the identification of the reading deficiency.

Notification must include the following:

(1) That the student has been identified as having a

deficiency in reading and a reading intervention plan will be

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developed by the teacher, principal or other professional

employee who has specialized training in reading

intervention.

(2) A description of the current services that are

provided to the child.

(3) A description of the proposed research-based

literacy intervention approaches, including intervention

materials, supplemental instructional services and supports

that will be provided to the child that are designed to

remedy the identified area of reading deficiency.

(4) Notification that each parent will be informed in

writing or by electronic communication of their child's

progress towards grade level reading at least every two

weeks.

(5) Strategies for each parent to use at home to help

their child succeed in reading. AFTER THE IDENTIFICATION OF

THE READING DEFICIENCY , INCLUDING PERIODIC UPDATES THREE

TIMES PER YEAR REGARDING THE STUDENT'S PROGRESS.

Section 1507-N. Grants to school entities.

(a) Establishment.--The department shall establish a grant

program to aid school entities with initial costs associated

with training and other resources necessary to implement this

article. The total amount of grants awarded shall be limited to

funds appropriated for this purpose under section 1508-N.

(b) Application.--The department shall develop an

application form that school entities shall use to apply for a

grant under the program. Grant applications shall be filed

SUBMITTED in accordance with guidelines developed by the

department.

Section 1508-N. Funding.

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The department shall use the following funding to award

grants to school entities and administer the program:

(1) Appropriations made by the General Assembly for the

purposes of this article.

(2) Funding appropriated to the department for general

government operations.

(3) Funding from other public and private sources,

including the Federal Government.

Section 1509-N. Reporting.

(a) School entity report.--Beginning October 31, 2024 2025 ,

and each October 31 thereafter, each school entity shall report

annually to the department the following:

(1) The number and percentage of students, disaggregated

by grade and by individual school, identified with a

potential reading deficiency, including characteristics of

dyslexia, pursuant to the screening AT THE BEGINNING OF THE

SCHOOL YEAR PURSUANT TO THE FIRST SCREENING OF THE SCHOOL

YEAR required under section 1503-N and the literacy

intervention approaches being provided.

(2) The evidence-based reading instruction curricula

adopted under this article.

(3) The individuals identified under section 1502-N(b)

(3) and each individual's responsibilities for approving and

providing professional development required under section

1502-N(b)(2).

(4) How the school entity will ensure that educators

have access to and have successfully completed the

professional development required under section 1502-N(b)(2).

(2) THE NUMBER AND PERCENTAGE OF STUDENTS, DISAGGREGATED

BY GRADE AND BY INDIVIDUAL SCHOOL, IDENTIFIED WITH A

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POTENTIAL READING DEFICIENCY, INCLUDING CHARACTERISTICS OF

DYSLEXIA, AT THE END OF THE SCHOOL YEAR PURSUANT TO THE FINAL

SCREENING OF THE SCHOOL YEAR REQUIRED UNDER SECTION 1503-N.

(3) THE EVIDENCE-BASED READING INSTRUCTION CURRICULA

ADOPTED BY EACH SCHOOL ENTITY UNDER THIS ARTICLE.

(4) THE NUMBER OF EDUCATORS IN THE SCHOOL ENTITY WHO

HAVE RECEIVED PROFESSIONAL DEVELOPMENT UNDER SECTION 1502-

N(B)(2) AND THE TYPE OF PROFESSIONAL DEVELOPMENT RECEIVED.

(b) Department report.--Beginning December 31, 2024 2025 ,

and each December 31 thereafter, the department shall produce an

annual report that provides all of the following:

(1) The number and percentage of students, disaggregated

by grade and by individual school, identified with a

potential reading deficiency, including characteristics of

dyslexia, pursuant to the screening required under section

1503-N and the literacy intervention approaches being

provided.

(2) A list of the evidence-based reading instruction

curricula adopted under this article and the number of

schools that have adopted each curriculum listed.

(3) The number of educators who have received each type

of professional development provided under section 1502-N(b)

(2).

(4) The percentage of the educators required to receive

professional development under section 1502-N(b)(4) that have

successfully completed the professional development. THE

INFORMATION REPORTED TO THE DEPARTMENT UNDER SUBSECTION (A).

IDENTIFIED AND COMPLY WITH THE FAMILY EDUCATIONAL RIGHTS AND

PRIVACY ACT OF 1974 (PUBLIC LAW 90-247, 20 U.S.C. § 1232G).

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required under this section on the department's publicly

accessible Internet website and submit the report to each of the

following:

(1) Governor.

(2) State Board of Education.

(3) Professional Standards and Practices Commission.

(4) (3) President pro tempore of the Senate.

(5) (4) Speaker of the House of Representatives.

(6) (5) The chairperson and minority chairperson of the

Education Committee of the Senate.

(7) (6) The chairperson and minority chairperson of the

Education Committee of the House of Representatives.

Section 2 3. This act shall take effect in 60 90 days.

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