S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2897--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. This act shall be known and may be cited as the  "right  to
 read act".
   §  2. The education law is amended by adding a new section 818 to read
 as follows:
   § 818. EARLY LITERACY EDUCATION.  1. FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EVIDENCE-BASED" MEANS THE INSTRUCTION OR ITEM DESCRIBED IS  BASED
 ON RIGOROUS, RELIABLE, TRUSTWORTHY AND VALID SCIENTIFIC EVIDENCE AND HAS
 DEMONSTRATED  A RECORD OF SUCCESS IN ADDRESSING STUDENTS' READING COMPE-
 TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS,  VOCABULARY  DEVELOP-
 MENT,  READING FLUENCY AND COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE
 ORAL LANGUAGE AND WRITING.
   (B) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT  AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (C) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS.
 "VOCABULARY  DEVELOPMENT" INCLUDES IMPROVING ALL AREAS OF COMMUNICATION,
 INCLUDING LISTENING, SPEAKING, READING AND  WRITING  WHICH  IS  DIRECTLY
 RELATED  TO  SCHOOL  ACHIEVEMENT  AND  IS A STRONG PREDICTOR FOR READING
 SUCCESS.
   (D) "READING FLUENCY" MEANS THE ABILITY TO  READ  WORDS,  PHRASES  AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (E)  "READING  COMPREHENSION"  MEANS  A  FUNCTION  OF WORD RECOGNITION
 SKILLS AND LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFI-
 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.
                                                            LBD01977-05-3
 A. 2897--A                          2
 
 UNDERSTAND  THE  WORDS  IN  FRONT  OF THEM. "READING COMPREHENSION" ALSO
 INCLUDES THE ACTIVE PROCESS THAT REQUIRES  INTENTIONAL  THINKING  DURING
 WHICH  MEANING  IS CONSTRUCTED THROUGH INTERACTIONS BETWEEN THE TEXT AND
 READER.  COMPREHENSION  SKILLS  ARE  TAUGHT EXPLICITLY BY DEMONSTRATING,
 EXPLAINING, MODELING AND IMPLEMENTING SPECIFIC COGNITIVE  STRATEGIES  TO
 HELP BEGINNING READERS DERIVE MEANING THROUGH INTENTIONAL, PROBLEM-SOLV-
 ING THINKING PROCESSES.
   (F) "THREE-CUEING", OR "MEANING STRUCTURE VISUAL" (MSV) MEANS A METHOD
 THAT  TEACHES  STUDENTS TO USE MEANING, STRUCTURE AND SYNTAX, AND VISUAL
 CUES WHEN ATTEMPTING TO READ AN UNKNOWN WORD.
   (G) "CULTURAL RESPONSIVENESS" MEANS ALIGNMENT WITH THE NEW YORK  STATE
 CULTURALLY-RESPONSIVE SUSTAINING EDUCATION (CRSE) FRAMEWORK.
   (H)  "CULTURALLY-RESPONSIVE  SUSTAINING  EDUCATION  (CRSE)  FRAMEWORK"
 MEANS A FRAMEWORK THAT HELPS EDUCATORS CREATE STUDENT-CENTERED  LEARNING
 ENVIRONMENTS  THAT:  AFFIRM  RACIAL, LINGUISTIC AND CULTURAL IDENTITIES;
 PREPARE STUDENTS FOR RIGOR AND INDEPENDENT LEARNING,  DEVELOP  STUDENTS'
 ABILITIES  TO  CONNECT  ACROSS LINES OF DIFFERENCE; ELEVATE HISTORICALLY
 MARGINALIZED VOICES; AND EMPOWER STUDENTS AS AGENTS OF SOCIAL CHANGE.
   2. EACH SCHOOL DISTRICT SHALL PROVIDE ALL STUDENTS IN PRE-KINDERGARTEN
 THROUGH FIFTH GRADE PROGRAMMING AND SERVICES NECESSARY TO ENSURE TO  THE
 GREATEST  EXTENT  POSSIBLE  THAT STUDENTS, AS THEY PROGRESS THROUGH PRE-
 KINDERGARTEN, FIRST, SECOND, THIRD, FOURTH AND FIFTH GRADES DEVELOP  THE
 NECESSARY  FOUNDATIONAL  READING  SKILLS  TO  ENABLE  THEM TO MASTER THE
 ACADEMIC STANDARDS  AND  EXPECTATIONS  APPLICABLE  TO  THE  SIXTH  GRADE
 CURRICULUM  AND  BEYOND.  THE INSTRUCTIONAL PROGRAMMING AND SERVICES FOR
 TEACHING STUDENTS TO READ MUST  BE  EVIDENCE-BASED  AND  SCIENTIFICALLY-
 BASED,  MUST FOCUS ON READING COMPETENCY IN THE AREAS OF PHONEMIC AWARE-
 NESS, PHONICS, VOCABULARY DEVELOPMENT, READING  FLUENCY,  COMPREHENSION,
 INCLUDING  BACKGROUND  KNOWLEDGE,  ORAL LANGUAGE AND WRITING, ORAL SKILL
 DEVELOPMENT, AND MUST ALIGN WITH CRSE FRAMEWORK. DISTRICTS SHALL  ENSURE
 THAT  ALL EARLY LITERACY PROGRAMMING AND SERVICES ARE PART OF AN ALIGNED
 AND COHERENT PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN GRADES
 PRE-KINDERGARTEN THROUGH FIVE.
   3. EVERY SCHOOL DISTRICT SHALL ENSURE THAT ALL  TEACHERS  EMPLOYED  TO
 TEACH  PRE-KINDERGARTEN,  KINDERGARTEN, FIRST, SECOND, THIRD, FOURTH AND
 FIFTH GRADES, INCLUDING TEACHERS WITH  MULTIPLE  SUBJECT  AND  EDUCATION
 SPECIALIST  TEACHING CREDENTIALS, POSSESS ADEQUATE CAPABILITIES TO TEACH
 LITERACY  USING  EVIDENCE-BASED  INSTRUCTION.  TEACHERS  EMPLOYED  BY  A
 DISTRICT  BEFORE  OR ON THE EFFECTIVE DATE OF THIS SECTION MAY MEET THIS
 REQUIREMENT BY PRESENTING  EVIDENCE  OF  THEIR  PROFICIENCY  IN  READING
 INSTRUCTION  THROUGH COMPLETION OF PROFESSIONAL LEARNING COURSES INCLUD-
 ING, BUT NOT LIMITED TO, EVIDENCE-BASED MEANS OF  TEACHING  FOUNDATIONAL
 READING  SKILLS  IN  PRINT CONCEPTS, PHONOLOGICAL AWARENESS, PHONICS AND
 WORD RECOGNITION, COMPREHENSION AND SUPPORTING READING FLUENCY  FOR  ALL
 PUPILS, INCLUDING ESTABLISHING TIERED SUPPORTS FOR STUDENTS WITH READING
 DIFFICULTIES  INCLUDING  THOSE  WITH  CHARACTERISTICS  OF  DYSLEXIA  AND
 DYSGRAPHIA, ENGLISH LEARNERS AND STUDENTS WITH EXCEPTIONAL NEEDS. TEACH-
 ERS EMPLOYED BY A DISTRICT AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION
 SHALL  MEET THIS REQUIREMENT BY SUCCESSFULLY COMPLETING AT LEAST THIRTY-
 FIVE HOURS OF EVIDENCE-BASED TRAINING IN READING INSTRUCTION IN  ACCORD-
 ANCE WITH SUBDIVISION SEVEN OF THIS SECTION.  ALTERNATIVELY, CURRENT AND
 FUTURE  EDUCATORS  CAN  PROVIDE  EVIDENCE THAT THEIR TEACHER PREPARATION
 PROGRAM ADEQUATELY COVERED ALL OF THESE TOPICS DURING THEIR  ENROLLMENT.
 TO THE EXTENT POSSIBLE, SCHOOL LEADERS OF ELEMENTARY SCHOOLS SHOULD ALSO
 MEET THE REQUIREMENTS OF THIS SECTION.
 A. 2897--A                          3
 
   4.  THE  DEPARTMENT  SHALL  PROVIDE  GRANTS  TO  BOCES  AND/OR  SCHOOL
 DISTRICTS TO HIRE ONSITE LITERACY COACHES  TRAINED  IN  THE  SCIENCE  OF
 READING,  FOCUSING  ON  HIGH  NEED  DISTRICTS WITH AT LEAST SEVENTY-FIVE
 PERCENT OF THIRD GRADERS READING BELOW  PROFICIENCY  BASED  ON  THE  TWO
 THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE NEW YORK STATE ENGLISH
 LANGUAGE ARTS ASSESSMENT.
   5. THE DEPARTMENT SHALL DEVELOP A  LIST  OF  APPROVED,  EVIDENCE-BASED
 CURRICULA THAT MEETS THE DEFINITION SET FORTH IN PARAGRAPH (A) OF SUBDI-
 VISION  ONE  OF  THIS  SECTION. SUCH LIST SHALL BE POSTED ON THE DEPART-
 MENT'S WEBSITE AND SHALL AT A MINIMUM BE  UPDATED  ANNUALLY.  SUCH  LIST
 SHALL  NOT  INCLUDE  INSTRUCTIONAL  PROGRAMMING OR MATERIALS THAT EMPLOY
 THREE-CUEING OR MEANING STRUCTURE VISUAL (MSV). APPROVED CURRICULA SHALL
 AT A MINIMUM:
   (A) HAVE BEEN PROVEN TO ACCELERATE STUDENT PROGRESS IN ATTAINING READ-
 ING COMPETENCY;
   (B) PROVIDE EXPLICIT AND SYSTEMATIC SKILL DEVELOPMENT IN THE AREAS  OF
 PHONEMIC  AWARENESS,  PHONICS, VOCABULARY DEVELOPMENT, COMPREHENSION AND
 READING FLUENCY, INCLUDING ORAL SKILL DEVELOPMENT;
   (C) BE EVIDENCE-BASED  AND  BE  ALIGNED  WITH  THE  PRESCHOOL  THROUGH
 ELEMENTARY  AND SECONDARY EDUCATION STANDARDS FOR READING ADOPTED BY THE
 DEPARTMENT;
   (D) INCLUDE EVIDENCE-BASED VALID AND RELIABLE ASSESSMENTS THAT PROVIDE
 INITIAL AND ONGOING ANALYSIS OF A STUDENT'S PROGRESS IN ATTAINING  READ-
 ING COMPETENCY AT LEAST THREE TIMES PER YEAR, BEGINNING IN KINDERGARTEN;
 AND
   (E) INCLUDE TEXTS ON CORE ACADEMIC CONTENT TO ASSIST STUDENTS IN MAIN-
 TAINING  OR  MEETING  GRADE-APPROPRIATE  PROFICIENCY  LEVELS IN ACADEMIC
 SUBJECTS IN ADDITION TO  READING,  WHILE  ENSURING  ALIGNMENT  WITH  THE
 STATE'S CRSE FRAMEWORK.
   6.  THE  DEPARTMENT  SHALL  DEVELOP  A  COMPETITIVE GRANT PROGRAM THAT
 ALLOWS DISTRICTS TO REPLACE NON-EVIDENCE-BASED CURRICULA WITH  CURRICULA
 FROM  THE  APPROVED  DEPARTMENT  LIST OF EVIDENCE-BASED CURRICULA. FUNDS
 FROM THIS GRANT MAY BE USED TO PROVIDE PROFESSIONAL LEARNING FOR  EDUCA-
 TORS TO EFFECTIVELY IMPLEMENT THE NEW EVIDENCE-BASED CURRICULA.
   7.  (A)  THE  DEPARTMENT SHALL DEVELOP A LIST OF APPROVED PROFESSIONAL
 DEVELOPMENT PROGRAMS THAT ARE EVIDENCE-BASED AND  PROVIDE  OPPORTUNITIES
 FOR  PRACTICAL APPLICATION OF EVIDENCE-BASED LITERACY INSTRUCTION IN THE
 CLASSROOM. PROGRAMS SHOULD ADDRESS SIGNIFICANT READING DEFICIENCIES  AND
 APPLY INTERVENTION STRATEGIES FOR STRUGGLING STUDENTS INCLUDING STUDENTS
 WITH CHARACTERISTICS OF DYSLEXIA AND DYSGRAPHIA, IN ADDITION TO TEACHING
 GENERAL,   EVIDENCE-BASED  LITERACY  INSTRUCTIONAL  APPROACHES  FOR  ALL
 STUDENTS. THE DEPARTMENT SHALL INCLUDE ON SUCH LIST THE APPROVED PROFES-
 SIONAL DEVELOPMENT PROGRAMS THAT ARE AVAILABLE ONLINE. SUCH  LIST  SHALL
 BE  POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL AT A MINIMUM BE UPDATED
 ANNUALLY. THE DEPARTMENT SHALL ENSURE THAT EACH PROFESSIONAL DEVELOPMENT
 PROGRAM INCLUDED ON SUCH LIST:
   (I) IS FOCUSED ON OR ALIGNS  WITH  THE  SCIENCE  OF  READING,  AND  IS
 COMPREHENSIVE AND RESEARCH-BASED, INCLUDING THE FOLLOWING:
   (1)  THE  STUDY  OF  ORGANIZED,  SYSTEMATIC, EXPLICIT SKILLS INCLUDING
 PHONEMIC AWARENESS, DIRECT, SYSTEMATIC, EXPLICIT PHONICS,  AND  DECODING
 STRATEGIES;
   (2)  A  STRONG LITERATURE, LANGUAGE AND COMPREHENSION COMPONENT ENCOM-
 PASSING BOTH ORAL AND WRITTEN LANGUAGE;
   (3) ONGOING SCREENING TECHNIQUES TO INFORM TEACHING;
   (4) EARLY INTERVENTION MEASURES; AND
   (5) GUIDED PRACTICE IN A CLINICAL SETTING;
 A. 2897--A                          4
 
   (II) INCLUDES RIGOROUS EVALUATIONS OF LEARNING BOTH THROUGHOUT AND  AT
 THE  CONCLUSION OF THE COURSE, WHICH A PARTICIPANT MUST PASS TO SUCCESS-
 FULLY COMPLETE THE COURSE; AND
   (III)  ALIGNS WITH THE APPROVED INSTRUCTIONAL PROGRAMMING PUBLISHED IN
 ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION.
   (B) FOR PURPOSES OF THIS SUBDIVISION,  "DIRECT,  SYSTEMATIC,  EXPLICIT
 PHONICS"   MEANS  PHONEMIC  AWARENESS,  SPELLING  PATTERNS,  THE  DIRECT
 INSTRUCTION OF SOUND/SYMBOL CODES AND PRACTICE IN  CONNECTED  TEXT,  AND
 THE RELATIONSHIP OF DIRECT, SYSTEMATIC, EXPLICIT PHONICS.
   8.  (A)  EVERY  SCHOOL  DISTRICT, AT LEAST THREE TIMES PER YEAR, SHALL
 GIVE THE PARENT OR GUARDIAN OF EACH STUDENT IN PRE-KINDERGARTEN  THROUGH
 GRADE FIVE A PROGRESS REPORT ABOUT SUCH STUDENT'S LITERACY PROGRESS. FOR
 PRE-KINDERGARTEN  STUDENTS,  SUCH  REPORT SHALL INCLUDE AN ASSESSMENT OF
 COGNITIVE ABILITIES, INCLUDING EXECUTIVE FUNCTION, AND  SOCIAL-EMOTIONAL
 LEARNING.  FOR  KINDERGARTEN  THROUGH  GRADE  FIVE, SUCH PROGRESS REPORT
 SHALL INCLUDE INFORMATION ABOUT THE FOLLOWING:
   (I) THE STUDENT'S READING PROFICIENCY AS MEASURED BY DISTRICT  READING
 ASSESSMENTS AND SCREENERS;
   (II)  INFORMATION  ABOUT  THE  LITERACY PROGRAMMING AND SERVICES BEING
 PROVIDED TO THE STUDENT, INCLUDING CURRICULUM; AND
   (III) LIST OF EVIDENCE-BASED HOME AND COMMUNITY RESOURCES  THAT  FAMI-
 LIES  AND  CAREGIVERS  CAN  USE  TO  SUPPORT  THEIR  CHILD'S READING AND
 LANGUAGE DEVELOPMENT.
   (B) THE DEPARTMENT  SHALL  DEVELOP  A  PROGRESS  REPORT  TEMPLATE  FOR
 DISTRICTS  TO  MEET THE REQUIREMENTS SET FORTH PURSUANT TO THIS SUBDIVI-
 SION.
   9. (A) TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION  AND  ON
 AN  ANNUAL  BASIS  THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO
 THE  LEGISLATIVE  COMMITTEES  WITH  JURISDICTION  OVER  PRE-KINDERGARTEN
 THROUGH  GRADE  TWELVE  EDUCATION  SUMMARIZING,  AT MINIMUM, THE STATE'S
 PERFORMANCE ON EACH OF THE FOLLOWING METRICS:
   (I) STUDENTS' LITERACY AND  READING  PROGRESSION  USING  STATE  GROWTH
 MEASURES.  THE COMMISSIONER SHALL ANALYZE THE STATE'S PROGRESS IN REGARD
 TO STUDENTS' READING AND LITERACY USING THE STATE'S EDUCATIONAL  ASSESS-
 MENT  SYSTEM.  THE SYSTEM SHALL MEASURE INDIVIDUAL STUDENTS' EDUCATIONAL
 GROWTH IN THE AREA OF READING BASED ON INDICATORS OF CURRENT ACHIEVEMENT
 GROWTH, AND EACH INDIVIDUAL STUDENT'S GROWTH MUST BE SHOWN  RELATIVE  TO
 THE  STUDENT'S  PRIOR  ACHIEVEMENT.  INDICATORS OF ACHIEVEMENT AND PRIOR
 ACHIEVEMENT SHALL BE BASED ON HIGHLY RELIABLE STATEWIDE ASSESSMENTS. THE
 COMMISSIONER SHALL INCLUDE AGGREGATED DATA AND DISAGGREGATED DATA  SHOW-
 ING EDUCATIONAL GROWTH BY SCHOOL SITE, GRADE AND RACE/ETHNICITY;
   (II)  BY SCHOOL SITE AND GRADE, THE PERCENTAGE OF TEACHERS REQUIRED TO
 POSSESS CAPABILITIES IN RESEARCH-BASED LITERACY INSTRUCTION AS SPECIFIED
 UNDER SUBDIVISION THREE OF THIS SECTION THAT HAVE SUCCESSFULLY COMPLETED
 TRAINING OR OTHERWISE DEMONSTRATED KNOWLEDGE IN EVIDENCE-BASED  LITERACY
 INSTRUCTION;
   (III) BY SCHOOL SITE AND GRADE, THE NAMES OF THE APPROVED PROFESSIONAL
 DEVELOPMENT  PROGRAMS  IN  ACCORDANCE  WITH  SUBDIVISION  SEVEN  OF THIS
 SECTION USED BY TEACHERS; AND
   (IV) BY SCHOOL SITE AND GRADE, THE NAMES OF THE APPROVED INSTRUCTIONAL
 PROGRAMMING AND SUPPORTING MATERIALS AS SPECIFIED UNDER SUBDIVISION FIVE
 OF THIS SECTION THAT WERE USED AT THE BEGINNING AND END  OF  THE  SCHOOL
 YEAR.
   (B)  THE DEPARTMENT SHALL PUBLISH THIS INFORMATION ON ITS WEBSITE IN A
 CLEAR AND ACCESSIBLE FORMAT.
   § 3. This act shall take effect immediately.