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H. B. 538 (SUB)
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House Bill 538 (COMMITTEE SUBSTITUTE)
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 provide for the Department of Education to develop6
training for kindergarten through third grade teachers on the science of reading, structured7
literacy, and foundational literacy skills; to require all public school kindergarten through8
third grade teachers in this state to complete such training; to provide for annual reports by9
the Department of Education; to require local boards of education to approve high-quality10
instructional materials for students in kindergarten through third grade and to administer11
universal reading screeners multiple times each school year to students in kindergarten12
through third grade; to require reports of the results of such screeners to parents of students13
and to the Department of Education for analysis; to require reading intervention plans for14
students with significant reading deficiencies; to provide for norm-referenced formative15
reading assessments for students in first and second grades; to require the Professional16
Standards Commission to ensure students completing teacher certification programs have the17
knowledge and skills to teach reading; to provide for definitions; to provide for legislative18 23 LC 49 1410S
H. B. 538 (SUB)
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findings and intent; to provide for a short title; to repeal conflicting laws; and for other
19
purposes.20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
SECTION 1.22
(a) The General Assembly finds that:23
(1) Third grade marks a pivotal point in reading, where students go from learning to read24
to reading to learn; 25
(2) A comprehensive approach to early literacy can ensure early identification of26
struggling readers and establish intensive reading intervention for students in kindergarten27
through third grade who need more support to become successful readers; and28
(3) Reading proficiency at age eight is among the most accurate predictors for whether a29
student will graduate from high school and enjoy academic success thereafter.30
(b) It is the intent of the General Assembly:31
(1) That all students read on grade level by the end of third grade; and32
(2) To create a literate and workforce ready citizenry.33
SECTION 2.34
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and35
secondary education, is amended in Part 3 of Article 6, relating to educational programs36
under the "Quality Basic Education Act," is amended by adding a new Code section to read37
as follows:38
"20-2-153.1.
39
(a) This Code section shall be known and may be cited as the 'Georgia Early Literacy Act.'40
(b) As used in this Code section, the term:41
(1) 'Board' means the State Board of Education.42 23 LC 49 1410S
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(2) 'Department' means the Department of Education.43
(3) 'Foundational literacy skills' means phonological awareness, phonemic awareness,44
phonics, fluency, vocabulary, reading comprehension, spelling, oral language, and the45
intersection of reading and writing.46
(4) 'High-quality instructional materials' means instructional materials aligned to the47
science of reading that instruct students in grade-level reading and foundational literacy48
skills.49
(5) 'Individual reading improvement plan' means a plan that describes the evidence based50
reading intervention services a student will receive to remediate such student's reading51
deficit and to ensure that such student becomes proficient in foundational literacy skills.52
(6) 'Reading intervention' means evidence based strategies frequently used to remediate53
reading deficiencies and includes, but is not limited to, individual instruction,54
multisensory approaches, tutoring, mentoring, or the use of technology that targets55
specific reading skills and abilities.56
(7) 'Science of reading' means the body of research that identifies evidence based57
approaches of explicitly and systematically teaching students to read, including58
foundational literacy skills that enable students to develop reading skills required to meet59
state standards in literacy.60
(8) 'Significant reading deficiency' means for students in kindergarten through third61
grade that such student's score on a universal reading screener is within the range of62
scores determined by the department to demonstrate a lack of proficiency in foundational63
literacy skills.64
(9) 'Structured literacy' means an evidence based approach to teaching oral and written65
language aligned to the science of reading founded on the science of how children learn66
to read and characterized by explicit, systematic, cumulative, and diagnostic instruction67
in phonology, sound-symbol association, syllable instruction, morphology, syntax, and68
semantics.69 23 LC 49 1410S
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(10) 'Universal reading screener' means a uniform tool that screens and monitors a70
student's progress in foundational literacy skills that is administered to students multiple71
times during the school year.72
(c)(1)(A) As soon as practicable but not later than January 1, 2024, the board shall73
approve high-quality instructional materials to be used for teaching students in74
kindergarten through third grade to read.75
(B) The board shall consider locally approved instructional materials and content as76
defined in subsection (a) of Code Section 20-2-1017 submitted by any public school or77
local school system and shall timely determine whether to approve such materials as78
high-quality instructional materials.79
(2)(A) As soon as practicable but not later than January 1, 2024, the board shall80
establish qualifications, time lines, and submission procedures for education service81
providers to submit one or more universal reading screeners to be considered for82
inclusion on the board's list of approved universal reading screener providers provided83
for in subparagraph (B) of this paragraph.84
(B) As soon as practicable but not later than July 1, 2024, the board shall approve a list85
of universal reading screeners for use by public schools and local school systems as part86
of their comprehensive literacy programs which meet the following criteria:87
(i) Capable of providing relevant information to assist teachers with targeting88
instruction based on student needs;89
(ii) Capable of measuring foundational literacy skills;90
(iii) Capable of identifying students who have a significant reading deficiency,91
including, but not limited to, identifying students with characteristics of dyslexia;92
(iv) Prescribed parameters on the time required to administer universal reading93
screener with the primary objective of such prescription being to minimize impacts94
on instructional time; and95
(v) Capable of progress monitoring.96 23 LC 49 1410S
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(3)(A) As soon as practicable but not later than August 1, 2024, the department shall97
publish on its website a list of board approved providers of universal reading screeners98
for use by public schools and local school systems, including the free universal reading99
screener provided by the department.100
(B) The department shall provide a universal reading screener that meets the criteria101
established by the board as provided in subparagraph (B) of paragraph (2) of this102
subsection. Such universal reading screener shall be made available for use free of103
charge to public schools and local school systems and shall be included on the list104
provided for in subparagraph (A) of this paragraph.105
(4) The department shall, in consultation with the University System of Georgia, the106
Professional Standards Commission, the Office of Student Achievement, Georgia's107
Regional Education Service Agencies, and literacy experts, develop one or more training108
programs for kindergarten through third grade teachers on the science of reading,109
structured literacy, and foundational literacy skills that enable students to develop reading110
skills required to meet state standards in literacy. Such training programs shall be111
developed to promote teachers' knowledge and skills for teaching all students to read,112
including students with dyslexia, and to ensure teachers have the knowledge and skills113
necessary to use approved universal reading screeners and to use assessment data to114
inform instruction based on student needs.115
(5) The department shall provide technical assistance to aid public schools and local116
school systems in implementing the provisions of this Code section.117
(6) Beginning April 1, 2026, the department shall provide an annual report on the118
impacts of the implementation of the provisions of this Code section, including, but not119
limited to, reporting the results by school and school system of:120
(A) The research based formative assessments with a summative component that is tied121
to performance indicators in English language arts/reading in grades one and two122
provided for in subsection (a) of Code Section 20-2-281;123 23 LC 49 1410S
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(B) The comprehensive summative assessment program for third grade students124
provided for in subsection (a) of Code Section 20-2-281;125
(C) The nationally-norm referenced instruments in reading for third grade students126
provided for in subsection (a) of Code Section 20-2-281; and127
(D) The norm-referenced formative reading assessments for first and second grade128
students provided for in Code Section 20-2-280.129
Such report shall also include analyses of the the impact of use of universal reading130
screeners, the use of high-quality instructional materials, and instructional practices131
grounded in the science of reading. Such report shall be provided to the Governor, the132
President of the Senate, the Speaker of the House of Representatives, the chairperson of133
the House Committee on Education, the Senate Education and Youth Committee, the134
House Committee on Higher Education, the Senate Higher Education Committee, and the135
board, and shall be made available on the department's website for access by the public.136
(d) By December 1, 2024, local boards of education and public school governing bodies137
shall:138
(A) Approve high-quality instructional materials for students in kindergarten through139
third grade that have been approved by the State Board of Education; provided,140
however, that if a local board of education or governing body has submitted141
instructional materials to the State Board of Education for consideration as provided for142
in subparagraph (c)(1)(B) of this Code section and the State Board of Education has not143
made the required determination, then such local board of education or governing body144
shall not be deemed to be out of compliance with the provisions of this paragraph; and145
(B) Ensure that all instructional materials used to teach students in kindergarten through146
third grade to read are high-quality instructional materials.147
(2)(A) Each public school and local school system shall provide instructional support148
for kindergarten through third grade teachers that shall include:149 23 LC 49 1410S
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(i) Onsite teacher training on the science of reading, structured literacy, foundational150
literacy skills, and evidence based decision making;151
(ii) Demonstrated lessons; and152
(iii) Immediate feedback for improving instruction.153
(B)(i) Any public school or local school system claiming that a lack of sufficient154
funding prevents such public school or local school system from providing155
instructional support as required in subparagraph (A) of this paragraph shall promptly156
and in writing notify the Department of Education and shall describe all efforts such157
school or school system has undertaken to secure sufficient funding from local, state,158
federal, and private sources.159
(ii) The Department of Education shall provide technical assistance and other160
guidance to public schools and local schools systems in identifying local, state,161
federal, and private funding sources to provide for instructional support as required162
in subparagraph (A) of this paragraph.163
(3)(A) Beginning August 1, 2024, three times each school year each public school and164
local school system shall administer a universal reading screener to each student in165
kindergarten through third grade, with the first administration occurring within 30 days166
of the beginning of the school year; provided, however, that for students in first and167
second grades such public school or local school system shall be authorized to168
substitute one administration of a universal reading screener with an administration of169
a norm-referenced formative reading assessment provided for in Code Section170
20-2-280.171
(B) Each public school or local school system shall be authorized to administer a free172
universal reading screener provided by the department or a universal reading screener173
approved by the board.174
(C) After each administration of a universal reading screener, each public school or175
local school system shall report the results to:176 23 LC 49 1410S
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(i) Parents and guardians of students who participated in the administration; and177
(ii) The department for analysis.178
(D) The results of the universal reading screeners administered to students shall not be179
used as part of any education assessment accountability program provided for in180
Article 2 of Chapter 14 of this title.181
(4)(A) Beginning August 1, 2024, any public school student in kindergarten through182
third grade who at any time during the school year exhibits a significant reading183
deficiency, as measured by performance on universal reading screener approved by the184
board, shall receive an individual reading improvement plan no later than 30 days after185
the identification of such deficiency. Such individual reading improvement plan shall186
be created by the student's teacher, school principal, and other school personnel187
designated by the school principal and shall describe the evidence based reading188
intervention services the student will receive to remedy the reading deficit and ensure189
the student becomes proficient in foundational literacy skills. Such individual reading190
improvement plan may be included as part of the school's multi-tiered system of191
supports or response to intervention frameworks.192
(B) Each student who receives an individual reading plan shall receive intensive193
reading intervention until such student no longer has a significant reading deficiency.194
(C) The parent or guardian of any student in kindergarten through third grade who at195
any time during the school year exhibits a significant reading deficiency shall be196
notified in writing by the student's school no later than 15 days after the identification197
of such deficiency, and such written notification shall include:198
(i) That the student has been identified as having a significant reading deficiency, and199
an individual reading improvement plan will be developed by the student's teacher,200
school principal, and other school personnel designated by the school principal;201
(ii) Results of the student's performance on the universal reading screeners202
administered to date;203 23 LC 49 1410S
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(iii) A description of the current services that are provided to the student;204
(iv) A description of proposed evidence based reading interventions and205
supplemental instructional services and supports that will be provided to the student206
that are designed to remedy the identified area or areas of significant reading207
deficiency to ensure the student becomes proficient in foundational literacy skills;208
(v) Notification that the parent or guardian will be informed in writing of the209
student's progress toward grade level reading; and210
(vi) Strategies for parents to use at home to help their child succeed in reading.211
(5) By July 1, 2025, all kindergarten through third grade teachers shall complete a212
training program developed pursuant to paragraph (c)(4) of this Code section.213
(e) Nothing in this Code section shall be construed to abrogate or otherwise affect the214
operation or application of the federal Individuals with Disabilities Education Act (IDEA)215
or Section 504 of the federal Rehabilitation Act of 1973."216
SECTION 3.217
Said chapter is further amended Part 12 of Article 6, relating to effectiveness of educational218
programs under the "Quality Basic Education Act," by revising Code Section 20-2-280,219
which was previously reserved, as follows:220
"20-2-280.221
(a) The State Board of Education shall adopt a norm-referenced formative reading222
assessment for students in first and second grades at the discretion of public schools and223
local school systems.224
(b) After each administration of such assessments, each public school or local school225
system shall report the results to:226
(1) Parents and guardians of students who participated in the administration; and227
(2) The Department of Education for analysis.228 23 LC 49 1410S
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(c) The results of the assessments administered to students as provided for in229
subsection (b) this Code section shall not be used as part of any education assessment230
accountability program provided for in Article 2 of Chapter 14 of this title. Reserved."231
SECTION 4.232
Said chapter is further amended in Part 10 of Article 17, relating to professional standards,233
by striking "and" at the end of paragraph (3), by replacing the period with "; and" at the end234
of paragraph (4), and by adding a new paragraph to subsection (b) of Code Section 20-2-984,235
relating to Professional Standards Commission — authority to create and implement236
standards and procedures for certifying educational personnel, recommending standards and237
procedures for certification, continuation of teaching certificates, and restrictions, to read as238
follows:239
"(5) The creation of standards designed to ensure that postsecondary students completing240
teacher certification programs in this state graduate with the knowledge and skills241
necessary to teach reading."242
SECTION 5.243
All laws and parts of laws in conflict with this Act are repealed.244