Georgia 2023-2024 Regular Session

Georgia House Bill HB538 Compare Versions

OldNewDifferences
1-23 HB 538/SCSFA
1+23 HB 538/AP
2+H. B. 538
23 - 1 -
3-AS PASSED SENATE
4-SENATE SUBSTITUTE TO HB 538
4+House Bill 538 (AS PASSED HOUSE AND SENATE)
5+By: Representatives Ballard of the 147
6+th
7+, Wade of the 9
8+th
9+, Erwin of the 32
10+nd
11+, Jones of the
12+47
13+th
14+, Gilliard of the 162
15+nd
16+, and others
517 A BILL TO BE ENTITLED
618 AN ACT
719 To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
820 1
921 provide for the "Georgia Early Literacy Act"; to require the Department of Early Care and2
1022 Learning to provide for developmentally appropriate evidence based literacy instruction3
1123 training requirements for certain child care providers; to require the State Board of Education4
1224 to establish a uniform standard for measuring literacy; to require the State Board of5
1325 Education to approve high-quality instructional materials to be used for teaching students in6
1426 kindergarten through third grade; to provide for the approval and use of universal reading7
1527 screeners for all public school students in this state in kindergarten through third grade; to8
1628 provide for the Department of Education to develop or procure training for kindergarten9
1729 through third grade teachers on the science of reading, structured literacy, and foundational10
1830 literacy skills; to require all public school kindergarten through third grade teachers in this11
1931 state to complete such training; to provide for annual reports by the Department of12
2032 Education; to require local boards of education to approve high-quality instructional13
2133 materials for students in kindergarten through third grade and to administer universal reading14
2234 screeners multiple times each school year to students in kindergarten through third grade; to15
2335 require reports of the results of such screeners to parents of students and to the Department16
2436 of Education for analysis; to require reading intervention plans for students with significant17
2537 reading deficiencies; to prohibit certain waivers; to provide for formative reading18
26-assessments for students in first and second grades; to require the Professional Standards19 23 HB 538/SCSFA
38+assessments for students in first and second grades; to require the Professional Standards19
39+Commission to revise standards for acquiring and maintaining teacher certification in all20 23 HB 538/AP
40+H. B. 538
2741 - 2 -
28-Commission to revise standards for acquiring and maintaining teacher certification in all
29-20
30-teaching fields to include requirements regarding developmentally appropriate evidence21
42+teaching fields to include requirements regarding developmentally appropriate evidence
43+21
3144 based literacy instruction; to require the Professional Standards Commission to ensure22
3245 students completing teacher certification programs have the knowledge and skills to teach23
3346 reading; to provide for definitions; to provide for legislative findings and intent; to provide24
3447 for a short title; to repeal conflicting laws; and for other purposes.25
3548 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26
3649 SECTION 1.27
3750 (a) The General Assembly finds that:28
3851 (1) Third grade marks a pivotal point in reading, where students go from learning to read29
3952 to reading to learn; 30
4053 (2) A comprehensive approach to early literacy can ensure early identification of31
4154 struggling readers and establish intensive reading intervention for students in kindergarten32
4255 through third grade who need more support to become successful readers; and33
4356 (3) Reading proficiency at age eight is among the most accurate predictors for whether a34
4457 student will graduate from high school and enjoy academic success thereafter.35
4558 (b) It is the intent of the General Assembly:36
4659 (1) That all students read on grade level by the end of third grade; and37
4760 (2) To create a literate and workforce ready citizenry.38
4861 SECTION 2.39
4962 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in40
5063 Article 1 of Chapter 1A, relating to general provisions regarding early care and learning, by41
5164 revising subsection (c) of Code Section 20-1A-10, relating to regulation of early care and42
52-education programs, as follows:43 23 HB 538/SCSFA
65+education programs, as follows:43
66+"(c)(1)
67+ All early care and education programs that care for children shall be licensed or44
68+commissioned annually, and all licenses and commissions issued by the department shall45 23 HB 538/AP
69+H. B. 538
5370 - 3 -
54-"(c)(1) All early care and education programs that care for children shall be licensed or44
55-commissioned annually, and all licenses and commissions issued by the department shall45
56-be subject to annual renewal by the department in accordance with procedures, standards,46
71+be subject to annual renewal by the department in accordance with procedures, standards,
72+46
5773 rules, and regulations to be established by the board.47
58-(2) Beginning July 1, 2025, the department shall require teachers in all programs licensed48
74+(2) Beginning July 1, 2025, the department shall require teachers in all programs licensed
75+48
5976 or commissioned by the department to receive training on developmentally appropriate49
6077 evidence based literacy instruction, as provided for in Code Section 20-2-984. Such50
6178 training shall be aligned with content standards promulgated the department in51
6279 collaboration with the Office of Student Achievement."52
6380 SECTION 3.53
6481 Said title is further amended in Part 3 of Article 6 of Chapter 2, relating to educational54
6582 programs under the "Quality Basic Education Act," by adding a new Code section to read as55
6683 follows:56
6784 "20-2-153.1.57
6885 (a) This Code section shall be known and may be cited as the 'Georgia Early Literacy Act.'58
6986 (b) As used in this Code section, the term:59
7087 (1) 'Board' means the State Board of Education.60
7188 (2) 'Department' means the Department of Education.61
7289 (3) 'Foundational literacy skills' means phonological awareness, phonemic awareness,62
7390 phonics, fluency, vocabulary, reading comprehension, spelling, oral language, and the63
7491 intersection of reading and writing.64
7592 (4) 'High-quality instructional materials' means instructional materials aligned to the65
7693 science of reading that instruct students in foundational literacy skills and66
7794 grade-appropriate English language arts and reading standards approved by the State67
7895 Board of Education.68
7996 (5) 'Reading intervention' means evidence based strategies frequently used to remediate69
80-reading deficiencies and includes, but is not limited to, individual and small-group70 23 HB 538/SCSFA
97+reading deficiencies and includes, but is not limited to, individual and small-group70
98+instruction, multisensory approaches, tutoring, mentoring, or the use of technology that71
99+targets specific reading skills and abilities.72 23 HB 538/AP
100+H. B. 538
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82-instruction, multisensory approaches, tutoring, mentoring, or the use of technology that71
83-targets specific reading skills and abilities.72
84102 (6) 'Science of reading' means the body of research that identifies evidence based73
85103 approaches of explicitly and systematically teaching students to read, including74
86104 foundational literacy skills that enable students to develop reading skills required to meet75
87105 state standards in literacy.76
88106 (7) 'Significant reading deficiency' means for students in kindergarten through third77
89107 grade that such student's score on a universal reading screener is within the range of78
90108 scores determined by the department to demonstrate a lack of proficiency in foundational79
91109 literacy skills.80
92110 (8) 'Structured literacy' means an evidence based approach to teaching oral and written81
93111 language aligned to the science of reading founded on the science of how children learn82
94112 to read and characterized by explicit, systematic, cumulative, and diagnostic instruction83
95113 in phonology, sound-symbol association, syllable instruction, morphology, syntax, and84
96114 semantics.85
97115 (9) 'Tiered reading intervention plan' means a plan that describes the evidence based86
98116 reading intervention services a student will receive to remediate such student's reading87
99117 deficit and to ensure that such student becomes proficient in foundational literacy skills.88
100118 (10) 'Universal reading screener' means a uniform tool that screens and monitors a89
101119 student's progress in foundational literacy skills that is administered to students multiple90
102120 times during the school year.91
103121 (c)(1) The board, in consultation with the department and the Office of Student92
104122 Achievement, shall establish such policies, rules, and regulations as necessary to93
105123 implement uniform grade-appropriate metrics for measuring literacy.94
106124 (2)(A) As soon as practicable but not later than January 1, 2024, the board shall:95
107125 (i) Approve high-quality instructional materials to be used for teaching students in96
108-kindergarten through third grade to read; and97 23 HB 538/SCSFA
126+kindergarten through third grade to read; and97
127+(ii) Establish a procedure for each public school and local school system to annually98
128+certify to the department that such school or school system's locally approved99 23 HB 538/AP
129+H. B. 538
109130 - 5 -
110-(ii) Establish a procedure for each public school and local school system to annually98
111-certify to the department that such school or school system's locally approved99
112131 instructional materials and content, as defined in subsection (a) of Code Section100
113132 20-2-1017, constitute high-quality instructional materials.101
114133 (3)(A) As soon as practicable but not later than January 1, 2024, the department shall102
115134 establish qualifications, time lines, and submission procedures for education service103
116135 providers to submit one or more universal reading screeners to be considered for104
117136 inclusion on the board's list of approved universal reading screener providers provided105
118137 for in subparagraph (B) of this paragraph.106
119138 (B) As soon as practicable but not later than July 1, 2024, the board shall approve a list107
120139 of universal reading screeners for use by public schools and local school systems as part108
121140 of their comprehensive literacy programs which meet the following criteria:109
122141 (i) Capable of providing relevant information to assist teachers with targeting110
123142 instruction based on student needs;111
124143 (ii) Capable of measuring foundational literacy skills;112
125144 (iii) Capable of identifying students who have a significant reading deficiency,113
126145 including, but not limited to, identifying students with characteristics of dyslexia;114
127146 (iv) Prescribed parameters on the time required to administer universal reading115
128147 screener with the primary objective of such prescription being to minimize impacts116
129148 on instructional time; and117
130149 (v) Capable of progress monitoring.118
131150 (4)(A) As soon as practicable but not later than August 1, 2024, the department shall119
132151 publish on its website a list of board approved providers of universal reading screeners120
133152 for use by public schools and local school systems, including the free universal reading121
134153 screener provided by the department.122
135154 (B) The department shall provide a universal reading screener that meets the criteria123
136155 established by the board as provided in subparagraph (B) of paragraph (3) of this124
137-subsection. Such universal reading screener shall be made available for use free of125 23 HB 538/SCSFA
156+subsection. Such universal reading screener shall be made available for use free of125
157+charge to public schools and local school systems and shall be included on the list126
158+provided for in subparagraph (A) of this paragraph.127 23 HB 538/AP
159+H. B. 538
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139-charge to public schools and local school systems and shall be included on the list126
140-provided for in subparagraph (A) of this paragraph.127
141161 (5) The department shall, in consultation with the University System of Georgia, the128
142162 Professional Standards Commission, the Office of Student Achievement, Georgia's129
143163 Regional Education Service Agencies, and literacy experts, develop or procure one or130
144164 more training programs for kindergarten through third grade teachers on the science of131
145165 reading, structured literacy, and foundational literacy skills that enable students to132
146166 develop reading skills required to meet state standards in literacy. Such training133
147167 programs shall be developed or procured to promote teachers' knowledge and skills for134
148168 teaching all students to read, including students with dyslexia, and to ensure teachers135
149169 have the knowledge and skills necessary to use approved universal reading screeners and136
150170 to use assessment data to inform instruction based on student needs.137
151171 (6) The department shall provide technical assistance to aid public schools and local138
152172 school systems in implementing the provisions of this Code section.139
153173 (7) Beginning April 1, 2026, the department shall provide an annual report on the140
154174 impacts of the implementation of the provisions of this Code section, including, but not141
155175 limited to, reporting the results by school and school system of:142
156176 (A) The research based formative assessments with a summative component that is tied143
157177 to performance indicators in English language arts and reading in grades one and two144
158178 provided for in subsection (a) of Code Section 20-2-281;145
159179 (B) The comprehensive summative assessment program for third grade students146
160180 provided for in subsection (a) of Code Section 20-2-281;147
161181 (C) The nationally norm referenced instruments in reading for third grade students148
162182 provided for in subsection (a) of Code Section 20-2-281; and149
163183 (D) The formative reading assessments for first and second grade students provided for150
164184 in Code Section 20-2-280.151
165185 Such report shall also include analyses of the the impact of use of universal reading152
166-screeners, the use of high-quality instructional materials, and instructional practices153 23 HB 538/SCSFA
186+screeners, the use of high-quality instructional materials, and instructional practices153
187+grounded in the science of reading. Such report shall be provided to the Governor, the154
188+President of the Senate, the Speaker of the House of Representatives, the chairperson of155 23 HB 538/AP
189+H. B. 538
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168-grounded in the science of reading. Such report shall be provided to the Governor, the154
169-President of the Senate, the Speaker of the House of Representatives, the chairperson of155
170191 the House Committee on Education, the Senate Education and Youth Committee, the156
171192 House Committee on Higher Education, the Senate Higher Education Committee, and the157
172193 board, and shall be made available on the department's website for access by the public.158
173194 (d)(1) Local boards of education and public school governing bodies shall:159
174195 (A) By December 1, 2024, approve high-quality instructional materials for students in160
175196 kindergarten through third grade; and161
176197 (B) By December 15, 2024, and by August 1 each year thereafter, certify to the162
177198 department that its locally approved instructional materials and content, as defined in163
178199 subsection (a) of Code Section 20-2-1017, constitute high-quality instructional164
179200 materials.165
180201 (2)(A) Each public school and local school system shall provide instructional support166
181202 for kindergarten through third grade teachers that shall include:167
182203 (i) Onsite teacher training on the science of reading, structured literacy, foundational168
183204 literacy skills, and evidence based decision making;169
184205 (ii) Demonstrated lessons; and170
185206 (iii) Prompt feedback for improving instruction.171
186207 (B)(i) Any public school or local school system claiming that a lack of sufficient172
187208 funding prevents such public school or local school system from providing173
188209 instructional support as required in subparagraph (A) of this paragraph shall promptly174
189210 and in writing notify the Department of Education and shall describe all efforts such175
190211 school or school system has undertaken to secure sufficient funding from local, state,176
191212 federal, and private sources.177
192213 (ii) The Department of Education shall provide technical assistance and other178
193214 guidance to public schools and local schools systems in identifying local, state,179
194215 federal, and private funding sources to provide for instructional support as required180
195-in subparagraph (A) of this paragraph.181 23 HB 538/SCSFA
216+in subparagraph (A) of this paragraph.181
217+(3)(A) Beginning August 1, 2024, three times each school year each public school and182
218+local school system shall administer a universal reading screener to each student in183 23 HB 538/AP
219+H. B. 538
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197-(3)(A) Beginning August 1, 2024, three times each school year each public school and182
198-local school system shall administer a universal reading screener to each student in183
199221 kindergarten through third grade, with the first administration occurring within 30 days184
200222 of the beginning of the school year; provided, however, that for students in first and185
201223 second grades such public school or local school system shall be authorized to186
202224 substitute one administration of a universal reading screener with an administration of187
203225 a formative reading assessment as provided for in Code Section 20-2-280.188
204226 (B) Each public school or local school system shall be authorized to administer a free189
205227 universal reading screener provided by the department or a universal reading screener190
206228 approved by the board.191
207229 (C) After each administration of a universal reading screener, each public school or192
208230 local school system shall report the results to:193
209231 (i) Parents and guardians of students who participated in the administration; and194
210232 (ii) The department for analysis.195
211233 (D) The results of the universal reading screeners administered to students shall not be196
212234 used as part of any education assessment accountability program provided for in197
213235 Article 2 of Chapter 14 of this title.198
214236 (4)(A) Beginning August 1, 2024, public schools and local school systems shall199
215237 implement tiered reading intervention plans for public school students in kindergarten200
216238 through third grade who at any time during the school year exhibits a significant201
217239 reading deficiency, as measured by performance on universal reading screener202
218240 approved by the board. Each such tiered reading intervention plan shall be203
219241 implemented no later than 30 days after a student has been identified as exhibiting a204
220242 significant reading deficiency and shall describe the evidence based reading205
221243 intervention services the student will receive to remedy the reading deficit and ensure206
222244 the student becomes proficient in foundational literacy skills. Such tiered reading207
223245 intervention plans may be incorporated into and included as part of the school's existing208
224-multi-tiered system of supports or response to intervention frameworks.209 23 HB 538/SCSFA
246+multi-tiered system of supports or response to intervention frameworks.209 23 HB 538/AP
247+H. B. 538
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226249 (B) Each student who has been identified as exhibiting a significant reading deficiency210
227250 shall receive intensive reading intervention until such student is no longer identified as211
228251 exhibiting a significant reading deficiency.212
229252 (C) The parent or guardian of any student in kindergarten through third grade who at213
230253 any time during the school year exhibits a significant reading deficiency shall be214
231254 notified in writing by the student's school no later than 15 days after the identification215
232255 of the possible deficiency. Such written notification shall include:216
233256 (i) That the student has been identified as exhibiting a significant reading deficiency;217
234257 (ii) That a tiered reading intervention plan will be implemented by the student's218
235258 teacher;219
236259 (iii) Results of the student's performance on the universal reading screeners220
237260 administered to date;221
238261 (iv) A description of the current services provided to the student;222
239262 (v) A description of proposed evidence based reading interventions and supplemental223
240263 instructional services and supports to be provided to the student that are designed to224
241264 remedy the identified area or areas of significant reading deficiency to ensure the225
242265 student becomes proficient in foundational literacy skills;226
243266 (vi) Notification that the parent or guardian will be informed in writing of the227
244267 student's progress toward grade level reading; and228
245268 (vii) Strategies for parents to use at home to help their child succeed in reading.229
246269 (5) By July 1, 2025, all kindergarten through third grade teachers shall complete a230
247270 training program developed or procured pursuant to paragraph (c)(5) of this Code section.231
248271 (e) Nothing in this Code section shall be construed to abrogate or otherwise affect the232
249272 operation or application of the federal Individuals with Disabilities Education Act (IDEA)233
250273 or Section 504 of the federal Rehabilitation Act of 1973.234
251274 (f) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for235
252275 a strategic waivers school system, Code Section 20-2-244 for a local board of education,236
253-Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter237 23 HB 538/SCSFA
276+Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter237 23 HB 538/AP
277+H. B. 538
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255279 school established pursuant to Article 31 or Article 31A of this chapter, a charter system,238
256280 or schools within a charter system, or any state special school."239
257281 SECTION 4.240
258282 Said chapter is further amended Part 12 of Article 6, relating to effectiveness of educational241
259283 programs under the "Quality Basic Education Act," by revising Code Section 20-2-280,242
260284 which was previously reserved, as follows:243
261285 "20-2-280.244
262286 (a) The State Board of Education shall adopt a formative reading assessment for students245
263287 in first and second grades at the discretion of public schools and local school systems.246
264288 (b) After each administration of such assessments, each public school or local school247
265289 system shall report the results to:248
266290 (1) Parents and guardians of students who participated in the administration; and249
267291 (2) The Department of Education for analysis and verification purposes.250
268292 (c) The results of the assessments administered to students as provided for in251
269293 subsection (b) this Code section shall not be used as part of any education assessment252
270294 accountability program provided for in Article 2 of Chapter 14 of this title. Reserved."253
271295 SECTION 5.254
272296 Said chapter is further amended in Part 10 of Article 17, relating to professional standards,255
273297 by revising subsections (a) and (b) of Code Section 20-2-984, relating to Professional256
274298 Standards Commission — authority to create and implement standards and procedures for257
275299 certifying educational personnel, recommending standards and procedures for certification,258
276300 continuation of teaching certificates, and restrictions, to read as follows:259
277301 "(a) The commission shall create and implement standards and procedures for certifying260
278302 educational personnel as qualified for a certificate to practice in the public schools of261
279303 Georgia; provided, however, that such standards and procedures shall not require an262
280-individual to participate in or complete any training program in which divisive concepts,263 23 HB 538/SCSFA
304+individual to participate in or complete any training program in which divisive concepts,263 23 HB 538/AP
305+H. B. 538
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282307 as such term is defined in Code Section 20-1-11, are advocated for; provided, further, that
283308 264
284309 such standards shall include the following:265
285310 (1) Procedures for limiting the number and types of certificates to the fewest possible266
286311 consistent with providing qualified teachers for Georgia's schools;267
287312 (2) In-service training and related requirements needed to renew or maintain268
288313 certification;269
289314 (3) Multiple or alternative routes to professional teacher certification, including, but not270
290315 limited to, the alternative and nontraditional teacher certification programs provided for271
291316 in Code Section 20-2-206; provided, however, that the commission's standards and
292317 272
293318 procedures consider for in-state certification nationally accredited teacher certification273
294319 programs outside of this state which are state sponsored and meet the academic274
295320 accreditation and certification requirements of the commission; and275
296321 (4)(A) Requirements, including appropriate examinations and assessments, for276
297322 acquiring and maintaining certification pursuant to Code Section 20-2-200.277
298323 (B) Beginning July 1, 2025, the Georgia Assessments for Certification of Educators278
299324 (GACE), or any other assessment required by the commission for teacher certification,279
300325 shall be aligned with developmentally appropriate evidence based literacy instruction.280
301326 (b) The commission shall recommend to the board of regents and private colleges and281
302327 universities standards and procedures for preparing educational personnel to qualify for282
303328 initial and renewable certification to practice in the public schools of Georgia, including283
304329 the following:284
305330 (1) Pre-service preparation;285
306331 (2) Approval of teacher education programs, both graduate and undergraduate, which286
307332 shall include, at a minimum, mandatory coursework in:287
308333 (A) Differentiated instruction, including the development and implementation of288
309334 explicit curricula to effectively support and deliver differentiated instruction to students.289
310335 As used in this subparagraph, the term 'differentiated instruction' means instruction that290
311-demonstrates a teacher's recognition of students as individuals in terms of their abilities,291 23 HB 538/SCSFA
336+demonstrates a teacher's recognition of students as individuals in terms of their abilities,291 23 HB 538/AP
337+H. B. 538
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313339 achievement, learning styles, and needs, including but not limited to, at-risk students,292
314340 English language learners, students with special needs, and gifted students, and that293
315341 gives greater emphasis to individualization in teaching by making adjustments to294
316342 curricula, materials, learning activities, and assessment techniques to ensure that all295
317343 students in a mixed-ability classroom can have equal access to appropriate avenues for296
318344 processing new information and developing skills; and297
319345 (B) Instruction related to the development of fundamental reading skills, including298
320346 phonemic awareness, phonics, fluency, vocabulary, and reading comprehension;299
321347 (3) Approval of programs of alternative certification; and300
322348 (4) The creation of innovative programs designed to increase the number of minority301
323349 teachers entering the profession, including, but not limited to, programs designed to302
324350 promote increased student enrollment in and completion of teacher education programs303
325351 offered at historically black colleges and universities in this state.; and304
326352 (5) The creation of standards designed to ensure that postsecondary students completing305
327353 teacher certification programs in this state graduate with the knowledge and skills306
328354 necessary to teach reading."307
329355 SECTION 6.308
330356 All laws and parts of laws in conflict with this Act are repealed.309