23 HB 538/AP
H. B. 538
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House Bill 538 (AS PASSED HOUSE AND SENATE)
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 Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
1
provide for the "Georgia Early Literacy Act"; to require the Department of Early Care and2
Learning to provide for developmentally appropriate evidence based literacy instruction3
training requirements for certain child care providers; to require the State Board of Education4
to establish a uniform standard for measuring literacy; to require the State Board of5
Education to approve high-quality instructional materials to be used for teaching students in6
kindergarten through third grade; to provide for the approval and use of universal reading7
screeners for all public school students in this state in kindergarten through third grade; to8
provide for the Department of Education to develop or procure training for kindergarten9
through third grade teachers on the science of reading, structured literacy, and foundational10
literacy skills; to require all public school kindergarten through third grade teachers in this11
state to complete such training; to provide for annual reports by the Department of12
Education; to require local boards of education to approve high-quality instructional13
materials for students in kindergarten through third grade and to administer universal reading14
screeners multiple times each school year to students in kindergarten through third grade; to15
require reports of the results of such screeners to parents of students and to the Department16
of Education for analysis; to require reading intervention plans for students with significant17
reading deficiencies; to prohibit certain waivers; to provide for formative reading18
assessments for students in first and second grades; to require the Professional Standards19
Commission to revise standards for acquiring and maintaining teacher certification in all20 23 HB 538/AP
H. B. 538
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teaching fields to include requirements regarding developmentally appropriate evidence
21
based literacy instruction; to require the Professional Standards Commission to ensure22
students completing teacher certification programs have the knowledge and skills to teach23
reading; to provide for definitions; to provide for legislative findings and intent; to provide24
for a short title; to repeal conflicting laws; and for other purposes.25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26
SECTION 1.27
(a) The General Assembly finds that:28
(1) Third grade marks a pivotal point in reading, where students go from learning to read29
to reading to learn; 30
(2) A comprehensive approach to early literacy can ensure early identification of31
struggling readers and establish intensive reading intervention for students in kindergarten32
through third grade who need more support to become successful readers; and33
(3) Reading proficiency at age eight is among the most accurate predictors for whether a34
student will graduate from high school and enjoy academic success thereafter.35
(b) It is the intent of the General Assembly:36
(1) That all students read on grade level by the end of third grade; and37
(2) To create a literate and workforce ready citizenry.38
SECTION 2.39
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in40
Article 1 of Chapter 1A, relating to general provisions regarding early care and learning, by41
revising subsection (c) of Code Section 20-1A-10, relating to regulation of early care and42
education programs, as follows:43
"(c)(1)
All early care and education programs that care for children shall be licensed or44
commissioned annually, and all licenses and commissions issued by the department shall45 23 HB 538/AP
H. B. 538
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be subject to annual renewal by the department in accordance with procedures, standards,
46
rules, and regulations to be established by the board.47
(2) Beginning July 1, 2025, the department shall require teachers in all programs licensed
48
or commissioned by the department to receive training on developmentally appropriate49
evidence based literacy instruction, as provided for in Code Section 20-2-984. Such50
training shall be aligned with content standards promulgated the department in51
collaboration with the Office of Student Achievement."52
SECTION 3.53
Said title is further amended in Part 3 of Article 6 of Chapter 2, relating to educational54
programs under the "Quality Basic Education Act," by adding a new Code section to read as55
follows:56
"20-2-153.1.57
(a) This Code section shall be known and may be cited as the 'Georgia Early Literacy Act.'58
(b) As used in this Code section, the term:59
(1) 'Board' means the State Board of Education.60
(2) 'Department' means the Department of Education.61
(3) 'Foundational literacy skills' means phonological awareness, phonemic awareness,62
phonics, fluency, vocabulary, reading comprehension, spelling, oral language, and the63
intersection of reading and writing.64
(4) 'High-quality instructional materials' means instructional materials aligned to the65
science of reading that instruct students in foundational literacy skills and66
grade-appropriate English language arts and reading standards approved by the State67
Board of Education.68
(5) 'Reading intervention' means evidence based strategies frequently used to remediate69
reading deficiencies and includes, but is not limited to, individual and small-group70
instruction, multisensory approaches, tutoring, mentoring, or the use of technology that71
targets specific reading skills and abilities.72 23 HB 538/AP
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(6) 'Science of reading' means the body of research that identifies evidence based73
approaches of explicitly and systematically teaching students to read, including74
foundational literacy skills that enable students to develop reading skills required to meet75
state standards in literacy.76
(7) 'Significant reading deficiency' means for students in kindergarten through third77
grade that such student's score on a universal reading screener is within the range of78
scores determined by the department to demonstrate a lack of proficiency in foundational79
literacy skills.80
(8) 'Structured literacy' means an evidence based approach to teaching oral and written81
language aligned to the science of reading founded on the science of how children learn82
to read and characterized by explicit, systematic, cumulative, and diagnostic instruction83
in phonology, sound-symbol association, syllable instruction, morphology, syntax, and84
semantics.85
(9) 'Tiered reading intervention plan' means a plan that describes the evidence based86
reading intervention services a student will receive to remediate such student's reading87
deficit and to ensure that such student becomes proficient in foundational literacy skills.88
(10) 'Universal reading screener' means a uniform tool that screens and monitors a89
student's progress in foundational literacy skills that is administered to students multiple90
times during the school year.91
(c)(1) The board, in consultation with the department and the Office of Student92
Achievement, shall establish such policies, rules, and regulations as necessary to93
implement uniform grade-appropriate metrics for measuring literacy.94
(2)(A) As soon as practicable but not later than January 1, 2024, the board shall:95
(i) Approve high-quality instructional materials to be used for teaching students in96
kindergarten through third grade to read; and97
(ii) Establish a procedure for each public school and local school system to annually98
certify to the department that such school or school system's locally approved99 23 HB 538/AP
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instructional materials and content, as defined in subsection (a) of Code Section100
20-2-1017, constitute high-quality instructional materials.101
(3)(A) As soon as practicable but not later than January 1, 2024, the department shall102
establish qualifications, time lines, and submission procedures for education service103
providers to submit one or more universal reading screeners to be considered for104
inclusion on the board's list of approved universal reading screener providers provided105
for in subparagraph (B) of this paragraph.106
(B) As soon as practicable but not later than July 1, 2024, the board shall approve a list107
of universal reading screeners for use by public schools and local school systems as part108
of their comprehensive literacy programs which meet the following criteria:109
(i) Capable of providing relevant information to assist teachers with targeting110
instruction based on student needs;111
(ii) Capable of measuring foundational literacy skills;112
(iii) Capable of identifying students who have a significant reading deficiency,113
including, but not limited to, identifying students with characteristics of dyslexia;114
(iv) Prescribed parameters on the time required to administer universal reading115
screener with the primary objective of such prescription being to minimize impacts116
on instructional time; and117
(v) Capable of progress monitoring.118
(4)(A) As soon as practicable but not later than August 1, 2024, the department shall119
publish on its website a list of board approved providers of universal reading screeners120
for use by public schools and local school systems, including the free universal reading121
screener provided by the department.122
(B) The department shall provide a universal reading screener that meets the criteria123
established by the board as provided in subparagraph (B) of paragraph (3) of this124
subsection. Such universal reading screener shall be made available for use free of125
charge to public schools and local school systems and shall be included on the list126
provided for in subparagraph (A) of this paragraph.127 23 HB 538/AP
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(5) The department shall, in consultation with the University System of Georgia, the128
Professional Standards Commission, the Office of Student Achievement, Georgia's129
Regional Education Service Agencies, and literacy experts, develop or procure one or130
more training programs for kindergarten through third grade teachers on the science of131
reading, structured literacy, and foundational literacy skills that enable students to132
develop reading skills required to meet state standards in literacy. Such training133
programs shall be developed or procured to promote teachers' knowledge and skills for134
teaching all students to read, including students with dyslexia, and to ensure teachers135
have the knowledge and skills necessary to use approved universal reading screeners and136
to use assessment data to inform instruction based on student needs.137
(6) The department shall provide technical assistance to aid public schools and local138
school systems in implementing the provisions of this Code section.139
(7) Beginning April 1, 2026, the department shall provide an annual report on the140
impacts of the implementation of the provisions of this Code section, including, but not141
limited to, reporting the results by school and school system of:142
(A) The research based formative assessments with a summative component that is tied143
to performance indicators in English language arts and reading in grades one and two144
provided for in subsection (a) of Code Section 20-2-281;145
(B) The comprehensive summative assessment program for third grade students146
provided for in subsection (a) of Code Section 20-2-281;147
(C) The nationally norm referenced instruments in reading for third grade students148
provided for in subsection (a) of Code Section 20-2-281; and149
(D) The formative reading assessments for first and second grade students provided for150
in Code Section 20-2-280.151
Such report shall also include analyses of the the impact of use of universal reading152
screeners, the use of high-quality instructional materials, and instructional practices153
grounded in the science of reading. Such report shall be provided to the Governor, the154
President of the Senate, the Speaker of the House of Representatives, the chairperson of155 23 HB 538/AP
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the House Committee on Education, the Senate Education and Youth Committee, the156
House Committee on Higher Education, the Senate Higher Education Committee, and the157
board, and shall be made available on the department's website for access by the public.158
(d)(1) Local boards of education and public school governing bodies shall:159
(A) By December 1, 2024, approve high-quality instructional materials for students in160
kindergarten through third grade; and161
(B) By December 15, 2024, and by August 1 each year thereafter, certify to the162
department that its locally approved instructional materials and content, as defined in163
subsection (a) of Code Section 20-2-1017, constitute high-quality instructional164
materials.165
(2)(A) Each public school and local school system shall provide instructional support166
for kindergarten through third grade teachers that shall include:167
(i) Onsite teacher training on the science of reading, structured literacy, foundational168
literacy skills, and evidence based decision making;169
(ii) Demonstrated lessons; and170
(iii) Prompt feedback for improving instruction.171
(B)(i) Any public school or local school system claiming that a lack of sufficient172
funding prevents such public school or local school system from providing173
instructional support as required in subparagraph (A) of this paragraph shall promptly174
and in writing notify the Department of Education and shall describe all efforts such175
school or school system has undertaken to secure sufficient funding from local, state,176
federal, and private sources.177
(ii) The Department of Education shall provide technical assistance and other178
guidance to public schools and local schools systems in identifying local, state,179
federal, and private funding sources to provide for instructional support as required180
in subparagraph (A) of this paragraph.181
(3)(A) Beginning August 1, 2024, three times each school year each public school and182
local school system shall administer a universal reading screener to each student in183 23 HB 538/AP
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kindergarten through third grade, with the first administration occurring within 30 days184
of the beginning of the school year; provided, however, that for students in first and185
second grades such public school or local school system shall be authorized to186
substitute one administration of a universal reading screener with an administration of187
a formative reading assessment as provided for in Code Section 20-2-280.188
(B) Each public school or local school system shall be authorized to administer a free189
universal reading screener provided by the department or a universal reading screener190
approved by the board.191
(C) After each administration of a universal reading screener, each public school or192
local school system shall report the results to:193
(i) Parents and guardians of students who participated in the administration; and194
(ii) The department for analysis.195
(D) The results of the universal reading screeners administered to students shall not be196
used as part of any education assessment accountability program provided for in197
Article 2 of Chapter 14 of this title.198
(4)(A) Beginning August 1, 2024, public schools and local school systems shall199
implement tiered reading intervention plans for public school students in kindergarten200
through third grade who at any time during the school year exhibits a significant201
reading deficiency, as measured by performance on universal reading screener202
approved by the board. Each such tiered reading intervention plan shall be203
implemented no later than 30 days after a student has been identified as exhibiting a204
significant reading deficiency and shall describe the evidence based reading205
intervention services the student will receive to remedy the reading deficit and ensure206
the student becomes proficient in foundational literacy skills. Such tiered reading207
intervention plans may be incorporated into and included as part of the school's existing208
multi-tiered system of supports or response to intervention frameworks.209 23 HB 538/AP
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(B) Each student who has been identified as exhibiting a significant reading deficiency210
shall receive intensive reading intervention until such student is no longer identified as211
exhibiting a significant reading deficiency.212
(C) The parent or guardian of any student in kindergarten through third grade who at213
any time during the school year exhibits a significant reading deficiency shall be214
notified in writing by the student's school no later than 15 days after the identification215
of the possible deficiency. Such written notification shall include:216
(i) That the student has been identified as exhibiting a significant reading deficiency;217
(ii) That a tiered reading intervention plan will be implemented by the student's218
teacher;219
(iii) Results of the student's performance on the universal reading screeners220
administered to date;221
(iv) A description of the current services provided to the student;222
(v) A description of proposed evidence based reading interventions and supplemental223
instructional services and supports to be provided to the student that are designed to224
remedy the identified area or areas of significant reading deficiency to ensure the225
student becomes proficient in foundational literacy skills;226
(vi) Notification that the parent or guardian will be informed in writing of the227
student's progress toward grade level reading; and228
(vii) Strategies for parents to use at home to help their child succeed in reading.229
(5) By July 1, 2025, all kindergarten through third grade teachers shall complete a230
training program developed or procured pursuant to paragraph (c)(5) of this Code section.231
(e) Nothing in this Code section shall be construed to abrogate or otherwise affect the232
operation or application of the federal Individuals with Disabilities Education Act (IDEA)233
or Section 504 of the federal Rehabilitation Act of 1973.234
(f) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for235
a strategic waivers school system, Code Section 20-2-244 for a local board of education,236
Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter237 23 HB 538/AP
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school established pursuant to Article 31 or Article 31A of this chapter, a charter system,238
or schools within a charter system, or any state special school."239
SECTION 4.240
Said chapter is further amended Part 12 of Article 6, relating to effectiveness of educational241
programs under the "Quality Basic Education Act," by revising Code Section 20-2-280,242
which was previously reserved, as follows:243
"20-2-280.244
(a) The State Board of Education shall adopt a formative reading assessment for students245
in first and second grades at the discretion of public schools and local school systems.246
(b) After each administration of such assessments, each public school or local school247
system shall report the results to:248
(1) Parents and guardians of students who participated in the administration; and249
(2) The Department of Education for analysis and verification purposes.250
(c) The results of the assessments administered to students as provided for in251
subsection (b) this Code section shall not be used as part of any education assessment252
accountability program provided for in Article 2 of Chapter 14 of this title. Reserved."253
SECTION 5.254
Said chapter is further amended in Part 10 of Article 17, relating to professional standards,255
by revising subsections (a) and (b) of Code Section 20-2-984, relating to Professional256
Standards Commission — authority to create and implement standards and procedures for257
certifying educational personnel, recommending standards and procedures for certification,258
continuation of teaching certificates, and restrictions, to read as follows:259
"(a) The commission shall create and implement standards and procedures for certifying260
educational personnel as qualified for a certificate to practice in the public schools of261
Georgia; provided, however, that such standards and procedures shall not require an262
individual to participate in or complete any training program in which divisive concepts,263 23 HB 538/AP
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as such term is defined in Code Section 20-1-11, are advocated for; provided, further, that
264
such standards shall include the following:265
(1) Procedures for limiting the number and types of certificates to the fewest possible266
consistent with providing qualified teachers for Georgia's schools;267
(2) In-service training and related requirements needed to renew or maintain268
certification;269
(3) Multiple or alternative routes to professional teacher certification, including, but not270
limited to, the alternative and nontraditional teacher certification programs provided for271
in Code Section 20-2-206; provided, however, that the commission's standards and
272
procedures consider for in-state certification nationally accredited teacher certification273
programs outside of this state which are state sponsored and meet the academic274
accreditation and certification requirements of the commission; and275
(4)(A) Requirements, including appropriate examinations and assessments, for276
acquiring and maintaining certification pursuant to Code Section 20-2-200.277
(B) Beginning July 1, 2025, the Georgia Assessments for Certification of Educators278
(GACE), or any other assessment required by the commission for teacher certification,279
shall be aligned with developmentally appropriate evidence based literacy instruction.280
(b) The commission shall recommend to the board of regents and private colleges and281
universities standards and procedures for preparing educational personnel to qualify for282
initial and renewable certification to practice in the public schools of Georgia, including283
the following:284
(1) Pre-service preparation;285
(2) Approval of teacher education programs, both graduate and undergraduate, which286
shall include, at a minimum, mandatory coursework in:287
(A) Differentiated instruction, including the development and implementation of288
explicit curricula to effectively support and deliver differentiated instruction to students.289
As used in this subparagraph, the term 'differentiated instruction' means instruction that290
demonstrates a teacher's recognition of students as individuals in terms of their abilities,291 23 HB 538/AP
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achievement, learning styles, and needs, including but not limited to, at-risk students,292
English language learners, students with special needs, and gifted students, and that293
gives greater emphasis to individualization in teaching by making adjustments to294
curricula, materials, learning activities, and assessment techniques to ensure that all295
students in a mixed-ability classroom can have equal access to appropriate avenues for296
processing new information and developing skills; and297
(B) Instruction related to the development of fundamental reading skills, including298
phonemic awareness, phonics, fluency, vocabulary, and reading comprehension;299
(3) Approval of programs of alternative certification; and300
(4) The creation of innovative programs designed to increase the number of minority301
teachers entering the profession, including, but not limited to, programs designed to302
promote increased student enrollment in and completion of teacher education programs303
offered at historically black colleges and universities in this state.; and304
(5) The creation of standards designed to ensure that postsecondary students completing305
teacher certification programs in this state graduate with the knowledge and skills306
necessary to teach reading."307
SECTION 6.308
All laws and parts of laws in conflict with this Act are repealed.309