Bill Text: NY A02897 | 2023-2024 | General Assembly | Amended
Bill Title: Requires school districts to provide instructional programming and services in reading and literacy which are evidence based and aligned with state standards; requires teachers in grades pre-K through five to attend professional development courses in reading education.
Spectrum: Strong Partisan Bill (Democrat 32-3)
Status: (Introduced - Dead) 2024-01-03 - referred to education [A02897 Detail]
Download: New_York-2023-A02897-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2897--A 2023-2024 Regular Sessions IN ASSEMBLY February 1, 2023 ___________ Introduced by M. of A. CARROLL, EPSTEIN, SHIMSKY, McDONALD, GALLAGHER, SEAWRIGHT, JEAN-PIERRE, THIELE, ANDERSON, RAGA, HEVESI, SIMON, CUNNINGHAM, WOERNER, K. BROWN, DAVILA, ARDILA, McMAHON, WEPRIN -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to early literacy educa- tion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "right to 2 read act". 3 § 2. The education law is amended by adding a new section 818 to read 4 as follows: 5 § 818. Early literacy education. 1. For purposes of this section, the 6 following terms shall have the following meanings: 7 (a) "Evidence-based" means the instruction or item described is based 8 on rigorous, reliable, trustworthy and valid scientific evidence and has 9 demonstrated a record of success in addressing students' reading compe- 10 tency in the areas of phonemic awareness, phonics, vocabulary develop- 11 ment, reading fluency and comprehension, including background knowledge 12 oral language and writing. 13 (b) "Phonemic awareness" means the ability to notice, think about and 14 manipulate individual sounds in spoken syllables and words. 15 (c) "Vocabulary development" means the process of acquiring new words. 16 "Vocabulary development" includes improving all areas of communication, 17 including listening, speaking, reading and writing which is directly 18 related to school achievement and is a strong predictor for reading 19 success. 20 (d) "Reading fluency" means the ability to read words, phrases and 21 sentences accurately, at an appropriate speed, and with expression. 22 (e) "Reading comprehension" means a function of word recognition 23 skills and language comprehension skills and shall include having suffi- 24 cient background information and vocabulary in order for the reader to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01977-05-3A. 2897--A 2 1 understand the words in front of them. "Reading comprehension" also 2 includes the active process that requires intentional thinking during 3 which meaning is constructed through interactions between the text and 4 reader. Comprehension skills are taught explicitly by demonstrating, 5 explaining, modeling and implementing specific cognitive strategies to 6 help beginning readers derive meaning through intentional, problem-solv- 7 ing thinking processes. 8 (f) "Three-cueing", or "meaning structure visual" (MSV) means a method 9 that teaches students to use meaning, structure and syntax, and visual 10 cues when attempting to read an unknown word. 11 (g) "Cultural responsiveness" means alignment with the New York state 12 culturally-responsive sustaining education (CRSE) framework. 13 (h) "Culturally-responsive sustaining education (CRSE) framework" 14 means a framework that helps educators create student-centered learning 15 environments that: affirm racial, linguistic and cultural identities; 16 prepare students for rigor and independent learning, develop students' 17 abilities to connect across lines of difference; elevate historically 18 marginalized voices; and empower students as agents of social change. 19 2. Each school district shall provide all students in pre-kindergarten 20 through fifth grade programming and services necessary to ensure to the 21 greatest extent possible that students, as they progress through pre- 22 kindergarten, first, second, third, fourth and fifth grades develop the 23 necessary foundational reading skills to enable them to master the 24 academic standards and expectations applicable to the sixth grade 25 curriculum and beyond. The instructional programming and services for 26 teaching students to read must be evidence-based and scientifically- 27 based, must focus on reading competency in the areas of phonemic aware- 28 ness, phonics, vocabulary development, reading fluency, comprehension, 29 including background knowledge, oral language and writing, oral skill 30 development, and must align with CRSE framework. Districts shall ensure 31 that all early literacy programming and services are part of an aligned 32 and coherent plan designed to improve student reading outcomes in grades 33 pre-kindergarten through five. 34 3. Every school district shall ensure that all teachers employed to 35 teach pre-kindergarten, kindergarten, first, second, third, fourth and 36 fifth grades, including teachers with multiple subject and education 37 specialist teaching credentials, possess adequate capabilities to teach 38 literacy using evidence-based instruction. Teachers employed by a 39 district before or on the effective date of this section may meet this 40 requirement by presenting evidence of their proficiency in reading 41 instruction through completion of professional learning courses includ- 42 ing, but not limited to, evidence-based means of teaching foundational 43 reading skills in print concepts, phonological awareness, phonics and 44 word recognition, comprehension and supporting reading fluency for all 45 pupils, including establishing tiered supports for students with reading 46 difficulties including those with characteristics of dyslexia and 47 dysgraphia, English learners and students with exceptional needs. Teach- 48 ers employed by a district after the effective date of this section 49 shall meet this requirement by successfully completing at least thirty- 50 five hours of evidence-based training in reading instruction in accord- 51 ance with subdivision seven of this section. Alternatively, current and 52 future educators can provide evidence that their teacher preparation 53 program adequately covered all of these topics during their enrollment. 54 To the extent possible, school leaders of elementary schools should also 55 meet the requirements of this section.A. 2897--A 3 1 4. The department shall provide grants to BOCES and/or school 2 districts to hire onsite literacy coaches trained in the science of 3 reading, focusing on high need districts with at least seventy-five 4 percent of third graders reading below proficiency based on the two 5 thousand twenty-two--two thousand twenty-three New York state English 6 language arts assessment. 7 5. The department shall develop a list of approved, evidence-based 8 curricula that meets the definition set forth in paragraph (a) of subdi- 9 vision one of this section. Such list shall be posted on the depart- 10 ment's website and shall at a minimum be updated annually. Such list 11 shall not include instructional programming or materials that employ 12 three-cueing or meaning structure visual (MSV). Approved curricula shall 13 at a minimum: 14 (a) have been proven to accelerate student progress in attaining read- 15 ing competency; 16 (b) provide explicit and systematic skill development in the areas of 17 phonemic awareness, phonics, vocabulary development, comprehension and 18 reading fluency, including oral skill development; 19 (c) be evidence-based and be aligned with the preschool through 20 elementary and secondary education standards for reading adopted by the 21 department; 22 (d) include evidence-based valid and reliable assessments that provide 23 initial and ongoing analysis of a student's progress in attaining read- 24 ing competency at least three times per year, beginning in kindergarten; 25 and 26 (e) include texts on core academic content to assist students in main- 27 taining or meeting grade-appropriate proficiency levels in academic 28 subjects in addition to reading, while ensuring alignment with the 29 state's CRSE framework. 30 6. The department shall develop a competitive grant program that 31 allows districts to replace non-evidence-based curricula with curricula 32 from the approved department list of evidence-based curricula. Funds 33 from this grant may be used to provide professional learning for educa- 34 tors to effectively implement the new evidence-based curricula. 35 7. (a) The department shall develop a list of approved professional 36 development programs that are evidence-based and provide opportunities 37 for practical application of evidence-based literacy instruction in the 38 classroom. Programs should address significant reading deficiencies and 39 apply intervention strategies for struggling students including students 40 with characteristics of dyslexia and dysgraphia, in addition to teaching 41 general, evidence-based literacy instructional approaches for all 42 students. The department shall include on such list the approved profes- 43 sional development programs that are available online. Such list shall 44 be posted on the department's website and shall at a minimum be updated 45 annually. The department shall ensure that each professional development 46 program included on such list: 47 (i) is focused on or aligns with the science of reading, and is 48 comprehensive and research-based, including the following: 49 (1) the study of organized, systematic, explicit skills including 50 phonemic awareness, direct, systematic, explicit phonics, and decoding 51 strategies; 52 (2) a strong literature, language and comprehension component encom- 53 passing both oral and written language; 54 (3) ongoing screening techniques to inform teaching; 55 (4) early intervention measures; and 56 (5) guided practice in a clinical setting;A. 2897--A 4 1 (ii) includes rigorous evaluations of learning both throughout and at 2 the conclusion of the course, which a participant must pass to success- 3 fully complete the course; and 4 (iii) aligns with the approved instructional programming published in 5 accordance with subdivision five of this section. 6 (b) For purposes of this subdivision, "direct, systematic, explicit 7 phonics" means phonemic awareness, spelling patterns, the direct 8 instruction of sound/symbol codes and practice in connected text, and 9 the relationship of direct, systematic, explicit phonics. 10 8. (a) Every school district, at least three times per year, shall 11 give the parent or guardian of each student in pre-kindergarten through 12 grade five a progress report about such student's literacy progress. For 13 pre-kindergarten students, such report shall include an assessment of 14 cognitive abilities, including executive function, and social-emotional 15 learning. For kindergarten through grade five, such progress report 16 shall include information about the following: 17 (i) the student's reading proficiency as measured by district reading 18 assessments and screeners; 19 (ii) information about the literacy programming and services being 20 provided to the student, including curriculum; and 21 (iii) list of evidence-based home and community resources that fami- 22 lies and caregivers can use to support their child's reading and 23 language development. 24 (b) The department shall develop a progress report template for 25 districts to meet the requirements set forth pursuant to this subdivi- 26 sion. 27 9. (a) Twelve months after the effective date of this section and on 28 an annual basis thereafter, the commissioner shall submit a report to 29 the legislative committees with jurisdiction over pre-kindergarten 30 through grade twelve education summarizing, at minimum, the state's 31 performance on each of the following metrics: 32 (i) students' literacy and reading progression using state growth 33 measures. The commissioner shall analyze the state's progress in regard 34 to students' reading and literacy using the state's educational assess- 35 ment system. The system shall measure individual students' educational 36 growth in the area of reading based on indicators of current achievement 37 growth, and each individual student's growth must be shown relative to 38 the student's prior achievement. Indicators of achievement and prior 39 achievement shall be based on highly reliable statewide assessments. The 40 commissioner shall include aggregated data and disaggregated data show- 41 ing educational growth by school site, grade and race/ethnicity; 42 (ii) by school site and grade, the percentage of teachers required to 43 possess capabilities in research-based literacy instruction as specified 44 under subdivision three of this section that have successfully completed 45 training or otherwise demonstrated knowledge in evidence-based literacy 46 instruction; 47 (iii) by school site and grade, the names of the approved professional 48 development programs in accordance with subdivision seven of this 49 section used by teachers; and 50 (iv) by school site and grade, the names of the approved instructional 51 programming and supporting materials as specified under subdivision five 52 of this section that were used at the beginning and end of the school 53 year. 54 (b) The department shall publish this information on its website in a 55 clear and accessible format. 56 § 3. This act shall take effect immediately.
