LC 49 2309S
The House Committee on Rules offers the following substitute to HB 307:
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 Georgia1
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-cueing 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-cueing systems model;12
to repeal a provision relating to reading recovery programs; to provide for written13
notification to parents and guardians; to provide for and revise definitions; to repeal certain14
provisions setting deadlines applicable to the State Board of Education and the Department15
of Education that have expired; to provide for ongoing review and updating of required and16
authorized actions; to require additional reports by the Department of Education; to revise17
a short title; to repeal Code Section 20-2-159.6, relating to screening for dyslexia and related18
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disorders, training and professional development, pilot program evaluating early intervention,19
and data reporting; to provide for the Georgia Literacy Plan Coordinating Committee within20
the Office of Student Achievement; to provide for duties and responsibilities for such21
council; to amend Code Section 20-1-44 of the Official Code of Georgia Annotated, relating22
to duties and authority relative to the Georgia Council on Literacy, so as to make conforming23
changes; to provide for related matters; to provide for an effective date; to repeal conflicting24
laws; and for other purposes.25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26
PART I27
SECTION 1-1.28
Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,29
relating to educational programs under the "Quality Basic Education Act," is amended by30
revising subsection (c) of Code Section 20-1-153 as follows:31
"(c) The State Board of Education shall describe by rules and regulations such additional32
services, resources, support, or strategies as may be provided by the local school system. 33
The specifications for delivery of early intervention services shall be the responsibility of34
local boards of education except that the program rules and regulations adopted by the35
State Board of Education shall be followed in designing the program delivery models. 36
Delivery models may include, but are not limited to, class augmentation, pull-out or37
self-contained classes, and the Reading Recovery Program delivered by certificated38
personnel."39
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SECTION 1-2.40
Said part is further amended in Code Section 20-2-153.1, relating to Georgia Early Literacy,41
uniform grade appropriate metrics to measure literacy, universal reading screeners,42
high-quality instructional materials aligned with the science of reading, support for literacy43
instruction, and reading intervention plans, as follows:44
"20-2-153.1.45
(a) This Code section shall be known and may be cited as the 'Georgia Early Literacy and46
Dyslexia Act.'47
(b) As used in this Code section, the term:48
(1) 'Board' means the State Board of Education.49
(1.1)(2) 'Center' means the Sandra Dunagan Deal Center for Early Language and50
Literacy.51
(3) 'Characteristics of dyslexia' means persistent weaknesses in one or more areas of52
foundational reading skills and inadequate response to targeted intervention that indicates53
a need for more intensive intervention.54
(1.2)(4) 'Council' means the Georgia Council on Literacy.55
(2)(5) 'Department' means the Department of Education.56
(3)(6) 'Dyslexia' means a specific learning disability that is neurological in origin. 57
Dyslexia is characterized by difficulties with accurate or fluent word recognition and by58
poor spelling and decoding abilities. These difficulties typically result from a deficit in59
the phonological component of language that is often unexpected in relation to other60
cognitive abilities and the provision of effective classroom instruction. Secondary61
consequences may include problems in reading comprehension and reduced reading62
experience that can impede the growth of vocabulary and background knowledge.63
(7) 'Foundational literacy skills' means phonological awareness, phonemic awareness,64
alphabet knowledge, phonics, oral reading fluency, spelling, vocabulary, reading65
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comprehension, spelling, oral language, and the intersection of reading and writing rapid66
automatized naming.67
(4)(8) 'High-quality instructional materials' means instructional materials aligned to the68
science of reading that instruct students in foundational literacy skills and69
grade-appropriate English language arts and reading standards approved by the State70
Board of Education state board. Instructional materials that feature or promote the use71
of the three-cueing system shall not constitute high-quality instructional materials.72
(9) 'Parent' or 'guardian' means an individual who has legal authority to act on behalf of73
a child as a natural or adoptive parent, a legal guardian, or a legal agent. Such term shall74
also include a kinship caregiver, as such term is defined in Code Section 20-1-15.75
(5)(10) 'Reading intervention' means evidence based strategies frequently used to76
remediate reading deficiencies and includes, but is not limited to, individual and77
small-group instruction, multisensory approaches, tutoring, mentoring, or the use of78
technology that targets specific reading skills and abilities.79
(6)(11) 'Science of reading' means the body of research that identifies evidence based80
approaches of explicitly and systematically teaching students to read, including81
foundational literacy skills that enable students to develop reading skills required to meet82
state standards in literacy.83
(7)(12) 'Significantly at risk of not attaining grade level reading proficiency' 'Significant84
reading deficiency' means for students in kindergarten through third grade that such85
student's score on a universal reading screener is within the range of scores determined86
by the department to demonstrate a lack of proficiency in foundational literacy skills87
foundational literacy skills, as measured by scores on a universal reading screener and88
other quantitative and qualitative data, indicate that the student is at high risk of not89
attaining grade level reading proficiency.90
(8)(13) 'Structured literacy' means an evidence based approach to teaching oral and91
written language aligned to the science of reading founded on the science of how children92
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learn to read and characterized by explicit, systematic, cumulative, and diagnostic93
instruction in phonology, sound-symbol association, syllable instruction, morphology,94
syntax, and semantics. An approach to teaching oral and written language that features95
or promotes the three-cueing system shall not constitute structured literacy.96
(14) 'Three-cueing system' means any model for teaching students to read based on97
meaning, structure and syntax, and visual cues. Such models are also referred to as98
'MSV.'99
(9)(15) 'Tiered reading intervention plan' means a plan that describes the evidence based100
reading intervention services a student will receive to remediate such student's reading101
deficit and to ensure that such student becomes proficient support the student in reaching102
grade level proficiency in foundational literacy skills.103
(10)(16) 'Universal reading screener' means a uniform tool that screens and monitors a104
student's progress in foundational literacy skills that is administered to students multiple105
times during the school year.106
(c)(1) The board, in consultation with the department and the Office of Student107
Achievement, shall establish such policies, rules, and regulations as necessary to108
implement uniform grade-appropriate metrics for measuring literacy.109
(2) As soon as practicable but not later than January 1, 2024, the board shall:110
(A) Approve high-quality instructional materials to be used for teaching students in111
kindergarten through third grade to read; and112
(B) Establish a procedure for each public school and local school system to annually113
certify to the department that such school or school system's locally approved114
instructional materials and content, as defined in subsection (a) of Code115
Section 20-2-1017, constitute high-quality instructional materials.116
(3)(A) As soon as practicable but not later than January 1, 2024, the department shall117
establish Every three years beginning in 2027, the center shall review and update, as118
appropriate, qualifications, time lines timelines, and submission procedures for119
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education service providers to submit one or more universal reading screeners to be120
considered for inclusion on the board's list of approved universal reading screener121
providers provided for in subparagraph (B) of this paragraph.122
(B) As soon as practicable but not later than May 15, 2025, the board shall approve the123
memorandum of agreement between the council and the department, as provided for124
in subparagraph (B) of paragraph (4) of this subsection, for a list of no more than five125
universal reading screeners, one of which shall be a free universal reading screener, for126
use by public schools and local school systems as part of their comprehensive literacy127
programs which meet the following criteria:128
(i) Capable of providing relevant information to assist teachers with targeting129
instruction based on student needs;130
(ii) Capable of measuring foundational literacy skills;131
(iii) Capable of identifying students who have a significant reading deficiency are132
significantly at risk of not attaining grade level reading proficiency, including, but not133
limited to, identifying students with characteristics of dyslexia;134
(iv) Prescribed parameters on the time required to administer a universal reading135
screener with the primary objective of such prescription being to minimize impacts136
on instructional time; and137
(v) Capable of progress monitoring.138
(4)(A) As soon as practicable but not later than By July 15, 2025 each year, the139
department shall publish on its public website the free universal reading screener and140
the list of other approved universal reading screeners, one of which each public school141
and local school system shall adopt and administer in order to comply with the142
requirements of subparagraph (d)(3)(C) of this Code section (B) of paragraph (3) of this143
subsection.144
(B) The council, in collaboration with the center and the Office of Planning and145
Budget, shall identify a free universal reading screener that meets the criteria146
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established by the board as provided in subparagraph (B) of paragraph (3) of this147
subsection. The council shall enter into a memorandum of agreement with the148
department to make such universal reading screener available for use free of charge to149
public schools and local school systems.150
(5) The department shall publish on its public website and distribute by July 15 each year151
by electronic means to each local school system and public school in this state a dyslexia152
informational handbook that includes guidance, technical assistance, and training to assist153
all schools in the implementation of evidence based practices for instructing students with154
characteristics of dyslexia. Such handbook shall include, but shall not be limited to, the155
following information:156
(A) Evidence based practices designed specifically for students with characteristics of157
dyslexia;158
(B) Guidance on developing support plans for students with characteristics of dyslexia;159
(C) A list and brief description of the dyslexia related training programs accredited by160
the International Dyslexia Association and any other nationally or internationally161
recognized accrediting organization; and162
(D) A list of dyslexia endorsement programs approved by the Professional Standards163
Commission.164
(6) The department shall, in consultation with the University System of Georgia, the165
Professional Standards Commission, the Office of Student Achievement, Georgia's166
Regional Education Service Agencies regional education service agencies, and literacy167
experts, develop or procure one or more training programs for kindergarten through third168
grade teachers on the science of reading, structured literacy, and foundational literacy169
skills that enable students to develop reading skills required to meet state standards in170
literacy. Such training programs shall be developed or procured to promote teachers'171
knowledge and skills for teaching all students to read, including students with dyslexia,172
and to ensure teachers have the knowledge and skills necessary to use approved universal173
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reading screeners and to use assessment data to inform instruction based on student174
needs.175
(6)(7) The department shall provide technical assistance to aid public schools and local176
school systems in implementing the provisions of this Code section.177
(7)(8)(A) Beginning April 1, 2026, the department shall provide an annual report on178
the impacts of the implementation of the provisions of this Code section, including, but179
not limited to, reporting the results by school and school system of:180
(A) The research based formative assessments with a summative component that is181
tied to performance indicators in English language arts and reading in grades one and182
two provided for in subsection (a) of Code Section 20-2-281;183
(B)(i) The comprehensive summative assessment program for third grade students184
provided for in subsection (a) of Code Section 20-2-281; and185
(C) The nationally norm-referenced instruments in reading for third grade students186
provided for in subsection (a) of Code Section 20-2-281; and187
(D)(ii) The formative reading assessments for first and second grade students188
provided for in Code Section 20-2-280.189
(B) Such report shall also include analyses of the impact of use of universal reading190
screeners, the use of high-quality instructional materials, and instructional practices191
grounded in the science of reading. Such report shall be provided to the Governor, the192
President of the Senate, the Speaker of the House of Representatives, the chairperson193
of the House Committee on Education, the Senate Education and Youth Committee, the194
House Committee on Higher Education, the Senate Higher Education Committee, and195
the board, and shall be made available on the department's public website for access by196
the public.197
(d)(1) Local boards of education and public school governing bodies shall by August 1198
each year:199
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(A) Approve By December 1, 2024, approve high-quality instructional materials for200
students in kindergarten through third grade; and201
(B) Certify By December 15, 2024, and by August 1 each year thereafter, certify to the202
department that its locally approved instructional materials and content, as defined in203
subsection (a) of Code Section 20-2-1017, constitute high-quality instructional204
materials.;205
(C) Report to the department the total number and percentage of students in206
kindergarten through third grade who were identified during the previous school year207
as having characteristics of dyslexia, including, but not limited to, total numbers and208
percentages by grade level; and209
(D) Certify in writing to the department that a copy of the dyslexia informational210
handbook provided for in paragraph (5) of subsection (c) of this Code section has been211
distributed by electronic means to each school administrator, teacher, and other school212
personnel employed by such local school system or public school.213
(2)(A) Each public school and local school system shall provide instructional support214
for kindergarten through third grade teachers that shall include:215
(i) Onsite teacher training on the science of reading, structured literacy, foundational216
literacy skills, and evidence based decision making;217
(ii) Demonstrated lessons; and218
(iii) Prompt feedback for improving instruction.219
(B)(i) Any public school or local school system claiming that a lack of sufficient220
funding prevents such public school or local school system from providing221
instructional support as required in subparagraph (A) of this paragraph shall promptly222
and in writing notify the Department of Education department and shall describe all223
efforts such school or school system has undertaken to secure sufficient funding from224
local, state, federal, and private sources.225
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(ii) The Department of Education department shall provide technical assistance and226
other guidance to public schools and local schools systems in identifying local, state,227
federal, and private funding sources to provide for instructional support as required228
in subparagraph (A) of this paragraph.229
(3)(A) Three Beginning August 1, 2024, three times each school year each public230
school and local school system shall administer a universal reading screener to each231
student in kindergarten through third grade, with the first administration occurring232
within 30 school days of the beginning of the school year; provided, however, that for233
students in first and second grades such public school or local school system shall be234
authorized to substitute one administration of a universal reading screener with an235
administration of a formative reading assessment as provided for in Code236
Section 20-2-280.237
(B) Reserved.238
(C) After each administration of a universal reading screener, each public school or239
local school system shall report the results to:240
(i) Parents and guardians of students who participated in the administration; and241
(ii) The department for analysis.242
(D)(C) The results of the universal reading screeners administered to students shall not243
be used as part of any education assessment accountability program provided for in244
Article 2 of Chapter 14 of this title.245
(4)(A) Beginning August 1, 2024, public schools and local school systems shall246
implement tiered reading intervention plans for public school students in kindergarten247
through third grade who at any time during the school year exhibit a significant reading248
deficiency are determined to be significantly at risk of not attaining grade level reading249
proficiency, as measured by performance on a universal reading screener approved by250
the board and other qualitative and quantitative data. Each such tiered reading251
intervention plan shall be implemented no later than 30 school days after a student such252
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determination has been made identified as exhibiting a significant reading deficiency253
and shall describe the evidence based reading intervention services the student will254
receive to remedy the reading deficit address the student's difficulties and ensure the255
student becomes proficient in foundational literacy skills. Such tiered reading256
intervention plans may should be incorporated into and included as part of the school's257
existing multi-tiered multitiered system of supports or response to intervention258
frameworks.259
(B) Each student who has been identified as exhibiting a significant reading deficiency260
determined to be significantly at risk of not attaining grade level reading proficiency261
shall receive intensive reading intervention until such student is determined to no longer262
identified as exhibiting a significant reading deficiency be significantly at risk of not263
attaining grade level reading proficiency.264
(C) The parent or guardian of any student in kindergarten through third grade who at265
any time during the school year exhibits a significant reading deficiency has been266
determined to be significantly at risk of not attaining grade level reading proficiency267
shall be notified in writing by the student's school no later than 15 school days after268
such determination has been made the identification of the possible deficiency. Such269
written notification shall include:270
(i) That the student has been identified as exhibiting a significant reading deficiency271
determined to be significantly at risk of not attaining grade level reading proficiency;272
(ii) That a tiered reading intervention plan will be implemented by the student's273
teacher an educator at the student's school;274
(iii) Results of the student's performance on the universal reading screeners275
administered to date and other data used to make such determination;276
(iv) A description of the current services provided to the student;277
(v) A description of proposed evidence based reading interventions and supplemental278
instructional services and supports to be provided to the student that are designed to279
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remedy the identified area or areas of significant reading deficiency in which the280
student is significantly at risk of not attaining grade level reading proficiency to281
ensure the student becomes proficient in foundational literacy skills;282
(vi) Notification that the parent or guardian will be informed in writing of the283
student's progress toward grade level reading; and284
(vii) Strategies for parents and guardians to use at home to help their child succeed285
in reading.286
(D) For each student who has been determined to be significantly at risk of not287
attaining grade level reading proficiency and who does not make adequate progress288
toward grade level reading despite receiving evidence based reading interventions and289
supplemental instructional services and supports, additional quantitative and qualitative290
data shall be collected and examined in conjunction with universal reading screener291
data to identify whether the student may have characteristics of dyslexia.292
(5) The parent or guardian of any student in kindergarten through third grade who at any293
time during the school year is identified as having characteristics of dyslexia shall be294
notified in writing by the student's school no later than 15 school days after the295
identification. Such written notification shall include:296
(A) That the student has been identified as having characteristics of dyslexia;297
(B) That a support plan for students with characteristics of dyslexia will be298
implemented by the student's teacher;299
(C) A description of the qualitative and quantitative data used to make the300
identification, including the student's rate of progress toward grade level reading with301
prior intervention support;302
(D) A description of proposed changes or additions to the evidence based reading303
interventions and supplemental instructional services and supports to be provided to the304
student that are designed to ensure the student becomes proficient in foundational305
literacy skills;306
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(E) Notification that the parent or guardian will be informed in writing of the student's307
progress toward grade level reading;308
(F) Information and resource material regarding dyslexia;309
(G) Strategies for parents and guardians to use at home to help their child succeed in310
reading; and311
(H) Notification that the parent or guardian shall have the right to elect, in writing, that312
the student not receive the support plan and the proposed changes or additions to the313
evidence based reading interventions and supplemental instructional services and314
supports.315
(6)(A) No local school system or public school shall use a program of foundational316
skills instruction for students in kindergarten through third grade that is based on any317
curriculum, instructional materials, instructional practices, or other interventions that318
utilize the three-cueing systems model for teaching word reading.319
(B) Each local school system and public school shall ensure that all instructional320
materials used to teach students in kindergarten through third grade:321
(i) Are high-quality instructional materials; and322
(ii) Do not utilize the three-cueing system model for teaching word reading.323
(C) Instruction in public schools and local school systems shall not employ the324
three-cueing system or visual memory as a basis for teaching word reading. Instruction325
may include visual information and strategies which improve background and326
experiential knowledge, add context, and increase oral language and vocabulary to327
support comprehension, but shall not be used to teach word reading.328
(5)(7) By July August 1, 2025, all kindergarten through third grade teachers shall329
complete a training program developed or procured pursuant to paragraph (c)(5) (6) of330
subsection (c) of this Code section.331
(e)(1) There is established within the Office of Student Achievement the Georgia332
Literacy Plan Coordinating Committee. Such committee shall comprise, at a minimum,333
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the Georgia Literacy Coach, the Coordinator of Georgia Literacy Coaching, a334
representative of the Department of Education, at least one representative of Georgia's335
regional education services agencies, a representative of a research based education336
organization with subject matter expertise identified by the Georgia Council on Literacy,337
and other subject matter experts identified by the Georgia Literacy Coach or the Georgia338
Council on Literacy.339
(2) The Office of Student Achievement shall employ a Coordinator of Georgia Literacy340
Coaching, who shall report to the Georgia Literacy Coach provided for in Code Section341
20-1-42, and who will be responsible for:342
(A) Serving as the chairperson of the Georgia Literacy Plan Coordinating Committee;343
(B) Coordinating state-wide literacy coaching efforts;344
(C) Direction and oversight of literacy coaches affiliated with the Department of345
Education or a regional education service agency whose positions are supported with346
state or federal funds; and347
(D) Coordinating with designated organizations affiliated with the Georgia Council on348
Literacy with respect to research, best practices, and proactive intervention strategies349
for birth to adult language and literacy learning.350
(e)(f) Nothing in this Code section shall be construed to abrogate or otherwise affect the351
operation or application of the federal Individuals with Disabilities Education Act (IDEA)352
or Section 504 of the federal Rehabilitation Act of 1973.353
(f)(g) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82354
for a strategic waivers school system, Code Section 20-2-244 for a local board of355
education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for356
a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter357
system, or schools within a charter system, or any state special school."358
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SECTION 1-3.359
Said part is further amended by repealing Code Section 20-2-159.6, relating to screening for360
dyslexia and related disorders, training and professional development, pilot program361
evaluating early intervention, and data reporting.362
PART II363
SECTION 2-1.364
Code Section 20-1-44 of the Official Code of Georgia Annotated, relating to duties and365
authority relative to the Georgia Council on Literacy, is amended by revising paragraph (1)366
of subsection (a) as follows:367
"(1) Work in partnership with the State Board of Education and the Department of368
Education to implement the requirements of the Georgia Early Literacy and Dyslexia Act369
as provided for in Code Section 20-2-153.1;"370
PART III371
SECTION 3-1.372
This Act shall become effective upon its approval by the Governor or upon its becoming law373
without such approval.374
SECTION 3-2.375
All laws and parts of laws in conflict with this Act are repealed.376
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