25 LC 49 2139
House Bill 307
By: Representatives Ballard of the 147
th
, Erwin of the 32
nd
, Jones of the 47
th
, Dubnik of the
29
th
, Corbett of the 174
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
1
Annotated, relating to educational programs under the "Quality Basic Education Act," so as2
to include provisions for students significantly at risk of not achieving grade level reading3
proficiency or with characteristics of dyslexia; to provide for support plans for such students;4
to provide for notice to parents and guardians of such students; to require the Department of5
Education to publish and distribute information relevant to dyslexia and students with6
characteristics of dyslexia; to require local school systems and public schools to distribute7
information relevant to dyslexia and students with characteristics of dyslexia; to provide for8
reporting; to prohibit the three-cuing systems model from being featured or promoted in9
high-quality instructional materials or structured literacy for students in kindergarten through10
third grade; to prohibit public schools from employing curricula, instructional materials,11
instructional practices, and other interventions that utilize the three-cuing systems model; to12
repeal a provision relating to reading recovery programs; to provide for and revise13
definitions; to repeal certain provisions setting deadlines applicable to the State Board of14
Education and the Department of Education that have expired; to provide for ongoing review15
and updating of required and authorized actions; to require additional reports by the16
Department of Education; to revise a short title; to repeal Code Section 20-2-159.6, relating17
to screening for dyslexia and related disorders, training and professional development, pilot18
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program evaluating early intervention, and data reporting; to amend Code Section 20-1-44
19
of the Official Code of Georgia Annotated, relating to duties and authority relative to the20
Georgia Council on Literacy, so as to make conforming changes; to provide for related21
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23
PART I24
SECTION 1-1.25
Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,26
relating to educational programs under the "Quality Basic Education Act," is amended by27
revising subsection (c) of Code Section 20-1-153 as follows:28
"(c) The State Board of Education shall describe by rules and regulations such additional29
services, resources, support, or strategies as may be provided by the local school system.30
The specifications for delivery of early intervention services shall be the responsibility of31
local boards of education except that the program rules and regulations adopted by the32
State Board of Education shall be followed in designing the program delivery models. 33
Delivery models may include, but are not limited to, class augmentation, pull-out or
34
self-contained classes, and the Reading Recovery Program delivered by certificated35
personnel."36
SECTION 1-2.37
Said part is further amended in Code Section 20-2-153.1, relating to Georgia Early Literacy,38
uniform grade appropriate metrics to measure literacy, universal reading screeners,39
high-quality instructional materials aligned with the science of reading, support for literacy40
instruction, and reading intervention plans, as follows:41
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"20-2-153.1.
42
(a) This Code section shall be known and may be cited as the 'Georgia Early Literacy and
43
Dyslexia Act.'44
(b) As used in this Code section, the term:45
(1) 'Board' means the State Board of Education.46
(1.1)(2) 'Center' means the Sandra Dunagan Deal Center for Early Language and47
Literacy.48
(3) 'Characteristics of dyslexia' means a persistent weaknesses in one or more areas of49
foundational reading skills and inadequate response to targeted intervention that indicates50
a need for more intensive intervention.51
(1.2)(4) 'Council' means the Georgia Council on Literacy.52
(2)(5) 'Department' means the Department of Education.53
(3)(6) 'Dyslexia' means a specific learning disability that is neurological in origin. 54
Dyslexia is characterized by difficulties with accurate or fluent word recognition and by55
poor spelling and decoding abilities. These difficulties typically result from a deficit in56
the phonological component of language that is often unexpected in relation to other57
cognitive abilities and the provision of effective classroom instruction. Secondary58
consequences may include problems in reading comprehension and reduced reading59
experience that can impede the growth of vocabulary and background knowledge.60
(7) 'Foundational literacy skills' means phonological awareness, phonemic awareness,61
alphabet knowledge, phonics, oral reading fluency, spelling, vocabulary, reading62
comprehension, spelling, oral language, and the intersection of reading and writing rapid63
automatized naming.64
(4)(8) '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
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Board of Education state board. Instructional materials that feature or promote the use68
of the three-cuing system shall not constitute high-quality instructional materials.69
(9) 'Parent' or 'guardian' means an individual who has legal authority to act on behalf of70
a child as a natural or adoptive parent, a legal guardian, or a legal agent. Such term shall71
also include a kinship caregiver, as such term is defined in Code Section 20-1-15.72
(5)(10) 'Reading intervention' means evidence based strategies frequently used to73
remediate reading deficiencies and includes, but is not limited to, individual and74
small-group instruction, multisensory approaches, tutoring, mentoring, or the use of75
technology that targets specific reading skills and abilities.76
(6)(11) 'Science of reading' means the body of research that identifies evidence based77
approaches of explicitly and systematically teaching students to read, including78
foundational literacy skills that enable students to develop reading skills required to meet79
state standards in literacy.80
(7)(12) 'Significantly at risk of not attaining grade level reading proficiency' 'Significant81
reading deficiency' means for students in kindergarten through third grade that such82
student's score on a universal reading screener is within the range of scores determined83
by the department to demonstrate a lack of proficiency in foundational literacy skills84
foundational literacy skills, as measured by scores on a universal reading screener and85
other quantitative and qualitative data, indicate that the student is at high risk of not86
attaining grade level reading proficiency.87
(8)(13) 'Structured literacy' means an evidence based approach to teaching oral and88
written language aligned to the science of reading founded on the science of how children89
learn to read and characterized by explicit, systematic, cumulative, and diagnostic90
instruction in phonology, sound-symbol association, syllable instruction, morphology,91
syntax, and semantics. An approach to teaching oral and written language that features92
or promotes the three-cuing system shall not constitute structured literacy.93
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(14) 'Three-cuing system' means any model for teaching students to read based on94
meaning, structure and syntax, and visual cues. Such models are also referred to as95
'MSV.'96
(9)(15) 'Tiered reading intervention plan' means a plan that describes the evidence based97
reading intervention services a student will receive to remediate such student's reading98
deficit and to ensure that such student becomes proficient support the student in reaching99
grade level proficiency in foundational literacy skills.100
(10)(16) 'Universal reading screener' means a uniform tool that screens and monitors a101
student's progress in foundational literacy skills that is administered to students multiple102
times during the school year.103
(c)(1) The board, in consultation with the department and the Office of Student104
Achievement, shall establish such policies, rules, and regulations as necessary to105
implement uniform grade-appropriate metrics for measuring literacy.106
(2) As soon as practicable but not later than January 1, 2024, the board shall:107
(A) Approve high-quality instructional materials to be used for teaching students in108
kindergarten through third grade to read; and109
(B) Establish a procedure for each public school and local school system to annually110
certify to the department that such school or school system's locally approved111
instructional materials and content, as defined in subsection (a) of Code112
Section 20-2-1017, constitute high-quality instructional materials.113
(3)(A) As soon as practicable but not later than January 1, 2024, the department shall114
establish Every three years beginning in 2027, the center shall review and update, as115
appropriate, qualifications, time lines timelines, and submission procedures for116
education service providers to submit one or more universal reading screeners to be117
considered for inclusion on the board's list of approved universal reading screener118
providers provided for in subparagraph (B) of this paragraph.119
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(B) As soon as practicable but not later than May 15, 2025, the board shall approve the
120
memorandum of agreement between the council and the department, as provided for121
in subparagraph (B) of paragraph (4) of this subsection, for a list of no more than five122
universal reading screeners, one of which shall be a free universal reading screener, for123
use by public schools and local school systems as part of their comprehensive literacy124
programs which meet the following criteria:125
(i) Capable of providing relevant information to assist teachers with targeting126
instruction based on student needs;127
(ii) Capable of measuring foundational literacy skills;128
(iii) Capable of identifying students who have a significant reading deficiency
are129
significantly at risk of not attaining grade level reading proficiency, including, but not130
limited to, identifying students with characteristics of dyslexia;131
(iv) Prescribed parameters on the time required to administer a universal reading132
screener with the primary objective of such prescription being to minimize impacts133
on instructional time; and134
(v) Capable of progress monitoring.135
(4)(A) As soon as practicable but not later than By July 15, 2025 each year, the136
department shall publish on its public website the free universal reading screener and137
the list of other approved universal reading screeners, one of which each public school138
and local school system shall adopt and administer in order to comply with the139
requirements of subparagraph (d)(3)(C) of this Code section (B) of paragraph (3) of this140
subsection.141
(B) The council, in collaboration with the center and the Office of Planning and142
Budget, shall identify a free universal reading screener that meets the criteria143
established by the board as provided in subparagraph (B) of paragraph (3) of this144
subsection. The council shall enter into a memorandum of agreement with the145
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department to make such universal reading screener available for use free of charge to
146
public schools and local school systems.147
(5) The department shall publish on its public website and distribute by July 15 each year
148
by electronic means to each local school system and public school in this state a dyslexia149
informational handbook that includes guidance, technical assistance, and training to assist150
all schools in the implementation of evidence based practices for instructing students with151
characteristics of dyslexia. Such handbook shall include, but shall not be limited to, the152
following information:153
(A) Evidence based practices designed specifically for students with characteristics of154
dyslexia;155
(B) Guidance on developing support plans for students with characteristics of dyslexia; 156
(C) A list and brief description of the dyslexia related training programs accredited by157
the International Dyslexia Association and any other nationally or internationally158
recognized accrediting organization; and159
(D) A list of dyslexia endorsement programs approved by the Professional Standards160
Commission.161
(6) The department shall, in consultation with the University System of Georgia, the162
Professional Standards Commission, the Office of Student Achievement, Georgia's163
Regional Education Service Agencies, and literacy experts, develop or procure one or164
more training programs for kindergarten through third grade teachers on the science of165
reading, structured literacy, and foundational literacy skills that enable students to166
develop reading skills required to meet state standards in literacy. Such training167
programs shall be developed or procured to promote teachers' knowledge and skills for168
teaching all students to read, including students with dyslexia, and to ensure teachers169
have the knowledge and skills necessary to use approved universal reading screeners and170
to use assessment data to inform instruction based on student needs.171
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(6)(7) The department shall provide technical assistance to aid public schools and local172
school systems in implementing the provisions of this Code section.173
(7)(8)(A) Beginning April 1, 2026, the department shall provide an annual report on174
the impacts of the implementation of the provisions of this Code section, including, but175
not limited to, reporting the results by school and school system of:176
(A) The research based formative assessments with a summative component that is177
tied to performance indicators in English language arts and reading in grades one and178
two provided for in subsection (a) of Code Section 20-2-281;179
(B)(i) The comprehensive summative assessment program for third grade students180
provided for in subsection (a) of Code Section 20-2-281; and181
(C) The nationally norm-referenced instruments in reading for third grade students182
provided for in subsection (a) of Code Section 20-2-281; and183
(D)(ii) The formative reading assessments for first and second grade students184
provided for in Code Section 20-2-280.185
(B) Such report shall also include analyses of the impact of use of universal reading186
screeners, the use of high-quality instructional materials, and instructional practices187
grounded in the science of reading. Such report shall be provided to the Governor, the188
President of the Senate, the Speaker of the House of Representatives, the chairperson189
of the House Committee on Education, the Senate Education and Youth Committee, the190
House Committee on Higher Education, the Senate Higher Education Committee, and191
the board, and shall be made available on the department's public website for access by192
the public.193
(d)(1) Local boards of education and public school governing bodies shall by August 1194
each year:195
(A) Approve By December 1, 2024, approve high-quality instructional materials for196
students in kindergarten through third grade; and197
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(B) Certify By December 15, 2024, and by August 1 each year thereafter, certify to the198
department that its locally approved instructional materials and content, as defined in199
subsection (a) of Code Section 20-2-1017, constitute high-quality instructional200
materials.;201
(C) Report to the department the total number and percentage of students in202
kindergarten through third grade who were identified during the previous school year203
as having characteristics of dyslexia, including, but not limited to, total numbers and204
percentages by grade level; and205
(D) Certify in writing to the department that a copy of the dyslexia informational206
handbook provided for in paragraph (5) of subsection (c) of this Code section has been207
distributed by electronic means to each school administrator, teacher, and other school208
personnel employed by such local school system or public school.209
(2)(A) Each public school and local school system shall provide instructional support210
for kindergarten through third grade teachers that shall include:211
(i) Onsite teacher training on the science of reading, structured literacy, foundational212
literacy skills, and evidence based decision making;213
(ii) Demonstrated lessons; and214
(iii) Prompt feedback for improving instruction.215
(B)(i) Any public school or local school system claiming that a lack of sufficient216
funding prevents such public school or local school system from providing217
instructional support as required in subparagraph (A) of this paragraph shall promptly218
and in writing notify the Department of Education department and shall describe all219
efforts such school or school system has undertaken to secure sufficient funding from220
local, state, federal, and private sources.221
(ii) The Department of Education department shall provide technical assistance and222
other guidance to public schools and local schools systems in identifying local, state,223
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federal, and private funding sources to provide for instructional support as required
224
in subparagraph (A) of this paragraph.225
(3)(A) Three
Beginning August 1, 2024, three times each school year each public226
school and local school system shall administer a universal reading screener to each227
student in kindergarten through third grade, with the first administration occurring228
within 30 school days of the beginning of the school year; provided, however, that for229
students in first and second grades such public school or local school system shall be230
authorized to substitute one administration of a universal reading screener with an231
administration of a formative reading assessment as provided for in Code232
Section 20-2-280.233
(B) Reserved.234
(C) After each administration of a universal reading screener, each public school or235
local school system shall report the results to:236
(i) Parents and guardians of students who participated in the administration; and237
(ii) The department for analysis.238
(D)(C) The results of the universal reading screeners administered to students shall not239
be used as part of any education assessment accountability program provided for in240
Article 2 of Chapter 14 of this title.241
(4)(A) Beginning August 1, 2024, public schools and local school systems shall242
implement tiered reading intervention plans for public school students in kindergarten243
through third grade who at any time during the school year exhibit a significant reading244
deficiency are determined to be significantly at risk of not attaining grade level reading245
proficiency, as measured by performance on a universal reading screener approved by246
the board and other qualitative and quantitative data. Each such tiered reading247
intervention plan shall be implemented no later than 30 school days after a student such248
determination has been made identified as exhibiting a significant reading deficiency249
and shall describe the evidence based reading intervention services the student will250
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receive to remedy the reading deficit address the student's difficulties and ensure the251
student becomes proficient in foundational literacy skills. Such tiered reading252
intervention plans may should be incorporated into and included as part of the school's253
existing multi-tiered multitiered system of supports or response to intervention254
frameworks.255
(B) Each student who has been identified as exhibiting a significant reading deficiency256
determined to be significantly at risk of not attaining grade level reading proficiency257
shall receive intensive reading intervention until such student is determined to no longer258
identified as exhibiting a significant reading deficiency be significantly at risk of not259
attaining grade level reading proficiency.260
(C) The parent or guardian of any student in kindergarten through third grade who at261
any time during the school year exhibits a significant reading deficiency has been262
determined to be significantly at risk of not attaining grade level reading proficiency263
shall be notified in writing by the student's school no later than 15 school days after264
such determination has been made the identification of the possible deficiency. Such265
written notification shall include:266
(i) That the student has been identified as exhibiting a significant reading deficiency267
determined to be significantly at risk of not attaining grade level reading proficiency;268
(ii) That a tiered reading intervention plan will be implemented by the student's269
teacher;270
(iii) Results of the student's performance on the universal reading screeners271
administered to date and other data used to make such determination;272
(iv) A description of the current services provided to the student;273
(v) A description of proposed evidence based reading interventions and supplemental274
instructional services and supports to be provided to the student that are designed to275
remedy the identified area or areas of significant reading deficiency in which the276
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student is significantly at risk of not attaining grade level reading proficiency to277
ensure the student becomes proficient in foundational literacy skills;278
(vi) Notification that the parent or guardian will be informed in writing of the279
student's progress toward grade level reading; and280
(vii) Strategies for parents and guardians to use at home to help their child succeed281
in reading.282
(D) For each student who has been determined to be significantly at risk of not283
attaining grade level reading proficiency and who does not make adequate progress284
toward grade level reading despite receiving evidence based reading interventions and285
supplemental instructional services and supports, additional quantitative and qualitative286
data shall be collected and examined in conjunction with universal reading screener287
data to identify whether the student may have characteristics of dyslexia.288
(5) The parent or guardian of any student in kindergarten through third grade who at any289
time during the school year is identified as having characteristics of dyslexia shall be290
notified in writing by the student's school no later than 15 school days after the291
identification. Such written notification shall include:292
(A) That the student has been identified as having characteristics of dyslexia;293
(B) That a support plan for students with characteristics of dyslexia will be294
implemented by the student's teacher;295
(C) A description of the qualitative and quantitative data used to make the296
identification, including the student's rate of progress toward grade level reading with297
prior intervention support;298
(D) A description of proposed changes or additions to the evidence based reading299
interventions and supplemental instructional services and supports to be provided to the300
student that are designed to ensure the student becomes proficient in foundational301
literacy skills;302
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(E) Notification that the parent or guardian will be informed in writing of the student's303
progress toward grade level reading;304
(F) Information and resource material regarding dyslexia; and305
(G) Strategies for parents and guardians to use at home to help their child succeed in306
reading.307
(6)(A) No local school system or public school shall use a program of foundational308
skills instruction for students in kindergarten through third grade that is based on any309
curriculum, instructional materials, instructional practices, or other interventions that310
utilize the three-cuing systems model.311
(B) Each local school system and public school shall ensure that all instructional312
materials used to teach students in kindergarten through third grade:313
(i) Are high-quality instructional materials; and314
(ii) Do not utilize the three-cuing system model.315
(5)(7) By July August 1, 2025, all kindergarten through third grade teachers shall316
complete a training program developed or procured pursuant to paragraph (c)(5) (6) of317
subsection (c) of this Code section.318
(e) Nothing in this Code section shall be construed to abrogate or otherwise affect the319
operation or application of the federal Individuals with Disabilities Education Act (IDEA)320
or Section 504 of the federal Rehabilitation Act of 1973.321
(f) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for322
a strategic waivers school system, Code Section 20-2-244 for a local board of education,323
Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter324
school established pursuant to Article 31 or Article 31A of this chapter, a charter system,325
or schools within a charter system, or any state special school."326
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SECTION 1-3.
327
Said part is further amended by repealing Code Section 20-2-159.6, relating to screening for328
dyslexia and related disorders, training and professional development, pilot program329
evaluating early intervention, and data reporting.330
PART II331
SECTION 2-1.332
Code Section 20-1-44 of the Official Code of Georgia Annotated, relating to duties and333
authority relative to the Georgia Council on Literacy, is amended by revising paragraph (1)334
of subsection (a) as follows:335
"(1) Work in partnership with the State Board of Education and the Department of336
Education to implement the requirements of the Georgia Early Literacy and Dyslexia
Act337
as provided for in Code Section 20-2-153.1;"338
PART III339
SECTION 3-1.340
This Act shall become effective upon its approval by the Governor or upon its becoming law341
without such approval.342
SECTION 3-2.343
All laws and parts of laws in conflict with this Act are repealed.344
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