S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8320
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the  education law, in relation to requiring certain
   teachers who provide literacy instruction obtain a  literacy  endorse-
   ment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3004 of the education law is amended  by  adding  a
 new subdivision 7 to read as follows:
   7. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER IS
 AUTHORIZED AND DIRECTED TO PRESCRIBE REGULATIONS ESTABLISHING A LITERACY
 ENDORSEMENT  AS  A  REQUIREMENT  FOR  ALL CERTIFIED TEACHERS WHO PROVIDE
 LITERACY INSTRUCTION TO STUDENTS IN  KINDERGARTEN  THROUGH  GRADE  FIVE.
 SUCH  REGULATIONS SHALL REQUIRE THAT TEACHERS RECEIVING CERTIFICATION ON
 AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE WHO  PROVIDE  LITERACY
 INSTRUCTION  TO  STUDENTS  IN  KINDERGARTEN  THROUGH GRADE FIVE OBTAIN A
 LITERACY ENDORSEMENT WITHIN THREE YEARS OF RECEIVING CERTIFICATION.  FOR
 TEACHERS  RECEIVING  CERTIFICATION  BEFORE  JANUARY  FIRST, TWO THOUSAND
 TWENTY-FIVE, THE REGULATIONS  SHALL  REQUIRE  SUCH  TEACHERS  RECEIVE  A
 LITERACY  ENDORSEMENT  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-
 EIGHT. THE LITERACY  ENDORSEMENT  SHALL  REQUIRE  TEACHERS  TO  COMPLETE
 EVIDENCE-BASED  SCIENCE  OF  READING  TRAINING  AND  OTHER COURSEWORK AS
 DETERMINED BY THE  COMMISSIONER  AND  TO  PASS  A  LITERACY  INSTRUCTION
 ASSESSMENT DEMONSTRATING THAT THE TEACHER IS CAPABLE OF:
   (I)  EFFECTIVELY TEACHING FOUNDATIONAL READING SKILLS, PHONEMIC AWARE-
 NESS, PHONICS, FLUENCY, VOCABULARY AND COMPREHENSION;
   (II) IMPLEMENTING READING INSTRUCTION USING HIGH-QUALITY INSTRUCTIONAL
 MATERIALS; AND
   (III) PROVIDING EFFECTIVE INSTRUCTION AND INTERVENTIONS  FOR  STUDENTS
 WITH  READING  DEFICIENCIES,  INCLUDING STUDENTS WITH CHARACTERISTICS OF
 DYSLEXIA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13613-01-3
              

 A. 8320                             2
 
   (B) THE COMMISSIONER SHALL REQUIRE THAT ON AND  AFTER  JANUARY  FIRST,
 TWO  THOUSAND TWENTY-FOUR, ALL APPROVED EDUCATOR PREPARATION PROGRAMS IN
 CHILDHOOD EDUCATION AND EARLY CHILDHOOD EDUCATION INCLUDE COURSES NECES-
 SARY TO OBTAIN A LITERACY ENDORSEMENT PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION.
   (C)  THE  COMMISSIONER  SHALL  ESTABLISH  A  MEANS  BY  WHICH A SCHOOL
 DISTRICT, AT THE REQUEST OF A TEACHER, MAY RECEIVE AN EXEMPTION  TO  THE
 LITERACY  ENDORSEMENT  FOR  THAT TEACHER BASED ON CLASSROOM OBSERVATIONS
 AND STUDENT ACHIEVEMENT DATA DEMONSTRATING  THE  KNOWLEDGE  OF  LITERACY
 INSTRUCTION PRESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.