23 LC 49 1342
H. B. 538
- 1 -
House Bill 538
By: Representatives Ballard of the 147
th
, Wade of the 9
th
, Erwin of the 32
nd
, Jones of the 47
th
,
Gilliard of the 162
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
1
elementary and secondary education, so as to provide for the "Georgia Early Literacy Act";2
to require the State Board of Education to approve high-quality instructional materials to be3
used for teaching students in kindergarten through third grade; to provide for the approval4
and use of universal reading screeners for all public school students in this state in5
kindergarten through third grade; to require the Department of Education and Georgia's6
Regional Education Service Agencies (RESAs) to develop training for kindergarten through7
third grade teachers on the science of reading, structured literacy, and foundational literacy8
skills; to require all public school kindergarten through third grade teachers in this state to9
complete such training; to provide for annual reports by the Department of Education; to10
require local boards of education to approve high-quality instructional materials for students11
in kindergarten through third grade and to administer universal reading screeners at least12
three times each school year to students in kindergarten through third grade; to require13
reports of the results of such screeners to parents of students and to the Department of14
Education for analysis; to require reading intervention plans for students with significant15
reading deficiencies; to provide for norm-referenced formative reading assessments for16
students in first and second grades; to require the Professional Standards Commission to17
create and implement innovative programs designed to ensure students completing teacher18 23 LC 49 1342
H. B. 538
- 2 -
education programs can graduate with the qualifications for teacher certification with a
19
reading endorsement; to provide for definitions; to provide for legislative findings and intent;20
to provide for a short title; to repeal conflicting laws; and for other purposes.21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:22
SECTION 1.23
The General Assembly finds that third grade marks a pivotal point in reading, where students24
go from learning to read to reading to learn. The General Assembly further finds that a25
comprehensive approach to early literacy can ensure early identification of struggling readers26
and establish intensive reading intervention for students in kindergarten through third grade27
who need more support to become successful readers. It is the intent of the General28
Assembly that all students read on grade level by the end of third grade.29
SECTION 2.30
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and31
secondary education, is amended in Part 3 of Article 6, relating to educational programs32
under the "Quality Basic Education Act," is amended by adding a new Code section to read33
as follows:34
"20-2-153.1.
35
(a) This Code section shall be known and may be cited as the 'Georgia Early Literacy Act.'36
(b) As used in this Code section, the term:37
(1) 'Board' means the State Board of Education.38
(2) 'Department' means the Department of Education.39
(3) 'Foundational literacy skills' means phonological awareness, phonemic awareness,40
phonics, fluency, vocabulary, and reading comprehension.41 23 LC 49 1342
H. B. 538
- 3 -
(4) 'High-quality instructional materials' means instructional materials aligned to the42
science of reading that instruct students in grade-level reading and foundational literacy43
skills.44
(5) 'Individual reading improvement plan' means a plan that describes the evidence based45
reading intervention services a student will receive to remediate such student's reading46
deficit and to ensure that such student becomes proficient in foundational literacy skills.47
(6) 'Reading intervention' means evidence based strategies frequently used to remediate48
reading deficiencies and includes, but is not limited to, individual instruction,49
multisensory approaches, tutoring, mentoring, or the use of technology that targets50
specific reading skills and abilities. 51
(7) 'Science of reading' means the body of research that identifies evidence based52
approaches of explicitly and systematically teaching students to read, including53
foundational literacy skills that enable students to develop reading skills required to meet54
state standards in literacy.55
(8) 'Significant reading deficiency' means for students in kindergarten through third56
grade that such student's score on a universal reading screener is within the range of57
scores determined by the department to demonstrate a lack of proficiency in foundational58
literacy skills.59
(9) 'Structured literacy' means an evidence based approach to teaching oral and written60
language aligned to the science of reading founded on the science of how children learn61
to read and characterized by explicit, systematic, cumulative, and diagnostic instruction62
in phonology, sound-symbol association, syllable instruction, morphology, syntax, and63
semantics.64
(10) 'Universal reading screener' means a uniform tool that screens and monitors a65
student's progress in foundational literacy skills that is administered to students multiple66
times during the school year.67 23 LC 49 1342
H. B. 538
- 4 -
(c)(1) By December 1, 2023, the board shall approve high-quality instructional materials68
to be used for teaching students in kindergarten through third grade to read.69
(2)(A) By July 1, 2023, the board shall establish qualifications, time lines, and70
submission procedures for education service providers to submit one or more universal71
reading screeners to be considered for inclusion on the board's list of approved72
universal reading screener providers provided for in subparagraph (B) of this paragraph.73
(B) By December 1, 2023, the board shall approve a list of universal reading screeners74
for use by public schools and local school systems as part of their comprehensive75
literacy programs which meet the following criteria:76
(i) Capable of providing relevant information to assist teachers with targeting77
instruction based on student needs;78
(ii) Capable of measuring foundational literacy skills;79
(iii) Capable of identifying students who have a significant reading deficiency,80
including, but not limited to, identifying students with characteristics of dyslexia;81
(iv) Prescribed parameters on the time required to administer universal reading82
screener with the primary objective of such prescription being to minimize impacts83
on instructional time; and84
(v) Capable of progress monitoring.85
(3)(A) By January 1, 2024, the department shall publish on its website a list of board86
approved providers of universal reading screeners for use by public schools and local87
school systems, including the free universal reading screener provided by the88
department.89
(B) The department shall provide a universal reading screener that meets the criteria90
established by the board as provided in subparagraph (B) of paragraph (2) of this91
subsection. Such universal reading screener shall be made available for use free of92
charge to public schools and local school systems and shall be included on the list93
provided for in subparagraph (A) of this paragraph.94 23 LC 49 1342
H. B. 538
- 5 -
(4) The department shall, in consultation with the University System of Georgia, the95
Professional Standards Commission, the Office of Student Achievement, Georgia's96
Regional Education Service Agencies, and literacy experts, develop one or more training97
programs for kindergarten through third grade teachers on the science of reading,98
structured literacy, and foundational literacy skills that enable students to develop reading99
skills required to meet state standards in literacy. Such training programs shall be100
developed to promote teachers' knowledge and skills for teaching all students to read,101
including students with dyslexia, and to ensure teachers have the knowledge and skills102
necessary to use approved universal reading screeners and to use assessment data to103
inform instruction based on student needs.104
(5) The department shall provide technical assistance to aid public schools and local105
school systems in implementing the provisions of this Code section.106
(6) Beginning October 1, 2025, the department shall provide an annual report on the107
impacts of the implementation of the provisions of this Code section, including, but not108
limited to, reporting the results by school and school system of:109
(A) The research based formative assessments with a summative component that is tied110
to performance indicators in English language arts/reading in grades one and two111
provided for in subsection (a) of Code Section 20-2-281;112
(B) The comprehensive summative assessment program for third grade students113
provided for in subsection (a) of Code Section 20-2-281;114
(C) The nationally norm referenced instruments in reading for third grade students115
provided for in subsection (a) of Code Section 20-2-281; and116
(D) The norm referenced formative reading assessments for first and second grade117
students provided for in Code Section 20-2-280.118
Such report shall also include analyses of the the impact of use of universal reading119
screeners, the use of high-quality instructional materials, and instructional practices120
grounded in the science of reading. Such report shall be provided to the Governor, the121 23 LC 49 1342
H. B. 538
- 6 -
President of the Senate, the Speaker of the House of Representatives, the chairperson of122
the House Committee on Education, the Senate Education and Youth Committee, the123
House Committee on Higher Education, the Senate Higher Education Committee, and the124
board, and shall be made available on the department's website for access by the public.125
(d) Beginning July 1, 2024, each regional education service agency (RESA) shall provide126
training programs for kindergarten through third grade teachers which meet the127
requirements of paragraph (4) of subsection (c) of this Code section. Each RESA shall128
submit detailed plans for such training programs to the department annually by July 1.129
(e)(1) By June 1, 2024, local boards of education and public school governing bodies130
shall:131
(A) Approve high-quality instructional materials for students in kindergarten through132
third grade that have been approved by the State Board of Education; and133
(B) Ensure that all instructional materials used to teach students in kindergarten through134
third grade to read are high-quality instructional materials.135
(2) Each public school and local school system shall provide instructional coaching136
support for kindergarten through third grade teachers provided by literacy coaches that137
shall include the following:138
(A) Onsite teacher training on the science of reading, structured literacy, foundational139
literacy skills, and evidence based decision making;140
(B) Demonstrated lessons; and141
(C) Immediate feedback for improving instruction.142
(3)(A) Beginning July 1, 2024, three times each school year each public school and143
local school system shall administer a universal reading screener to each student in144
kindergarten through third grade, with the first administration occurring within 30 days145
of the beginning of the school year.146 23 LC 49 1342
H. B. 538
- 7 -
(B) Each public school or local school system shall be authorized to administer a free147
universal reading screener provided by the department or a universal reading screener148
approved by the board.149
(C) After each administration of a universal reading screener, each public school or150
local school system shall report the results to:151
(i) Parents and guardians of students who participated in the administration; and152
(ii) The department for analysis.153
(D) The results of the universal reading screeners administered to students shall not be154
used as part of any education assessment accountability program provided for in155
Article 2 of Chapter 14 of this title.156
(4)(A) Beginning July 1, 2024, any public school student in kindergarten through third157
grade who at any time during the school year exhibits a significant reading deficiency,158
as measured by performance on universal reading screener approved by the board, shall159
receive an individual reading improvement plan no later than 30 days after the160
identification of such deficiency. Such individual reading improvement plan shall:161
(i) Be created by the teacher, principal, other school personnel designated by the162
school principal, and the student's parent or guardian; and163
(ii) Describe the evidence based reading intervention services the student will receive164
to remedy the reading deficit and ensure the student becomes proficient in165
foundational literacy skills.166
(B) Each student who receives an individual reading plan shall receive intensive167
reading intervention until such student no longer has a significant reading deficiency.168
(C) The parent or guardian of any student in kindergarten through third grade who at169
any time during the school year exhibits a significant reading deficiency shall be170
notified in writing by the student's school no later than 15 days after the identification171
of such deficiency, and such written notification shall include:172 23 LC 49 1342
H. B. 538
- 8 -
(i) That the student has been identified as having a significant reading deficiency, and173
an individual reading improvement plan will be developed by the student's teacher,174
school principal, other school personnel as designated by the school principal, and the175
parent or guardian;176
(ii) Results of the student's performance on the universal reading screeners177
administered to date;178
(iii) A description of the current services that are provided to the student;179
(iv) A description of proposed evidence based reading interventions and180
supplemental instructional services and supports that will be provided to the student181
that are designed to remedy the identified area or areas of significant reading182
deficiency to ensure the student becomes proficient in foundational literacy skills;183
(v) Notification that the parent or guardian will be informed in writing of the184
student's progress toward grade level reading; and185
(vi) Strategies for parents to use at home to help their child succeed in reading.186
(5) By January 1, 2025, all kindergarten through third grade teachers shall complete a187
training program developed pursuant to paragraph (c)(4) or paragraph (e)(2) of this Code188
section.189
(f) Nothing in this Code section shall be construed to abrogate or otherwise affect the190
operation or application of the federal Individuals with Disabilities Education Act (IDEA)191
or Section 504 of the federal Rehabilitation Act of 1973."192
SECTION 3.193
Said chapter is further amended Part 12 of Article 6, relating to effectiveness of educational194
programs under the "Quality Basic Education Act," by revising Code Section 20-2-280,195
which was previously reserved, as follows:196 23 LC 49 1342
H. B. 538
- 9 -
"20-2-280.
197
(a) The State Board of Education shall adopt a norm referenced formative reading
198
assessment for students in first and second grades to be administered no fewer than three199
times each school year.200
(b)(1) Public schools and local school systems shall administer the assessments provided201
for in subsection (a) of this Code section no fewer than three times each school year to202
all students in first and second grades, with the first administration occurring within 30203
days of the beginning of the school year.204
(2) After each administration of such assessments, each public school or local school205
system shall report the results to:206
(A) Parents and guardians of students who participated in the administration; and207
(B) The Department of Education for analysis.208
(c) The results of the assessments administered to students as provided for in209
subsection (b) this Code section shall not be used as part of any education assessment210
accountability program provided for in Article 2 of Chapter 14 of this title. Reserved."211
SECTION 4.212
Said chapter is further amended in Part 10 of Article 17, relating to professional standards,213
by striking "and" at the end of paragraph (3), by replacing the period with "; and" at the end214
of paragraph (4), and by adding a new paragraph to subsection (b) of Code Section 20-2-984,215
relating to Professional Standards Commission — authority to create and implement216
standards and procedures for certifying educational personnel, recommending standards and217
procedures for certification, continuation of teaching certificates, and restrictions, to read as218
follows:219
"(5) The creation and implementation of innovative programs designed to ensure that220
postsecondary students completing teacher education programs in this state have the221 23 LC 49 1342
H. B. 538
- 10 -
option to graduate with all the prerequisites necessary for certification in the field of222
elementary education and for a reading endorsement."223
SECTION 5.224
All laws and parts of laws in conflict with this Act are repealed.225