S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    78
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced   by  M.  of  A.  R. CARROLL,  EPSTEIN,  SHIMSKY,  GALLAGHER,
   SEAWRIGHT,  ANDERSON,  RAGA,  HEVESI,  SIMON,   CUNNINGHAM,   WOERNER,
   K. BROWN, DAVILA, McMAHON, WEPRIN, MEEKS, TAYLOR, ROSENTHAL, LUNSFORD,
   GONZALEZ-ROJAS,  ZACCARO,  SMULLEN, JENSEN, LEVENBERG, BRONSON, TAPIA,
   DINOWITZ, SEPTIMO, REYES -- read once and referred to the Committee on
   Education
 
 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 819 to read
 as follows:
   § 819. 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00258-01-5
              

 A. 78                               2
 
   (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
 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.  COMMENCING  THE  SCHOOL  YEAR  FOLLOWING  THE  PUBLICATION  OF THE
 APPROVED INSTRUCTIONAL PROGRAMMING AS SET FORTH IN SUBDIVISION  FIVE  OF
 THIS  SECTION,  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, KINGDERGARTEN, 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  AWARENESS,  PHONICS,  VOCABULARY DEVELOPMENT, READING FLUENCY,
 COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE, ORAL LANGUAGE  AND  WRIT-
 ING,  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. COMMENCING  THE  SCHOOL  YEAR  FOLLOWING  THE  PUBLICATION  OF  THE
 APPROVED  PROFESSIONAL  DEVELOPMENT PROGRAMS AS SET FORTH IN SUBDIVISION
 SEVEN OF THIS SECTION, 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. TEACH-
 ERS EMPLOYED BY A DISTRICT BEFORE OR  ON  THE  EFFECTIVE  DATE  OF  THIS
 SECTION MAY MEET THIS REQUIREMENT BY PRESENTING EVIDENCE OF THEIR PROFI-
 CIENCY  IN READING INSTRUCTION THROUGH COMPLETION OF PROFESSIONAL LEARN-
 ING COURSES INCLUDING, 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  CHARACTER-
 ISTICS  OF  DYSLEXIA  AND DYSGRAPHIA, ENGLISH LEARNERS AND STUDENTS WITH
 A. 78                               3
 
 EXCEPTIONAL NEEDS. TEACHERS 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  ACCORDANCE  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.
   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-FOUR--TWO  THOUSAND  TWENTY-FIVE NEW YORK STATE ENGLISH
 LANGUAGE ARTS ASSESSMENT.
   5.   FOLLOWING CONSULTATION WITH THE  CITY  SCHOOL  DISTRICTS  OF  THE
 CITIES  OF  NEW  YORK,  BUFFALO,  ROCHESTER,  SYRACUSE, AND YONKERS, THE
 DEPARTMENT SHALL DEVELOP A LIST OF  APPROVED,  EVIDENCE-BASED  CURRICULA
 THAT  MEETS THE DEFINITION SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE
 OF THIS SECTION. SUCH LIST SHALL BE POSTED ON THE  DEPARTMENT'S  WEBSITE
 AND  SHALL AT A MINIMUM BE UPDATED ANNUALLY. SUCH LIST SHALL NOT INCLUDE
 INSTRUCTIONAL PROGRAMMING OR MATERIALS THAT EMPLOY THREE-CUEING OR MEAN-
 ING 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:
 A. 78                               4

   (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;
   (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)  BY  SEPTEMBER  FIFTEENTH OF THE SCHOOL YEAR SUBSEQUENT TO THE
 SCHOOL YEAR SCHOOL DISTRICTS ARE  REQUIRED  TO  COMMENCE  PROVIDING  THE
 PROGRAMMING  AND  SERVICES SET FORTH IN SUBDIVISION TWO OF THIS SECTION,
 AND ON AN ANNUAL BASIS  THEREAFTER,  THE  COMMISSIONER  SHALL  SUBMIT  A
 REPORT  TO THE LEGISLATIVE COMMITTEES WITH JURISDICTION OVER PRE-KINDER-
 GARTEN 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
 A. 78                               5
 
 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. Section 3004 of the education law is  amended  by  adding  a  new
 subdivision 7 to read as follows:
   7.  A. THE COMMISSIONER SHALL PRESCRIBE REGULATIONS REQUIRING THAT ALL
 PERSONS APPLYING ON OR AFTER SEPTEMBER SECOND, TWO  THOUSAND  TWENTY-SIX
 FOR  A  TEACHING CERTIFICATION OR LICENSE VALID FOR SERVICE IN THE EARLY
 CHILDHOOD OR ELEMENTARY GRADES SHALL,  IN  ADDITION  TO  ALL  THE  OTHER
 CERTIFICATION  OR  LICENSING REQUIREMENTS, HAVE COMPLETED COURSE WORK OR
 TRAINING IN EVIDENCE-BASED LITERACY INSTRUCTION THAT MEETS THE  REQUIRE-
 MENTS  SET  FORTH IN SUBDIVISION SEVEN OF SECTION EIGHT HUNDRED NINETEEN
 OF THIS CHAPTER.
   B. THE COMMISSIONER  SHALL  ENSURE  THAT  TEACHER  PREPARATION  INSTI-
 TUTIONS,  STARTING IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-
 SIX ACADEMIC YEAR,  INCLUDE  EVIDENCE-BASED  LITERACY  INSTRUCTION  THAT
 MEETS  THE  REQUIREMENTS SET FORTH IN SUBDIVISION SEVEN OF SECTION EIGHT
 HUNDRED NINETEEN OF THIS CHAPTER.
   § 4. This act shall take effect immediately.