2021 Regular Session ENROLLED
SENATE BILL NO. 222
BY SENATORS HEWITT, ALLAIN, BARROW, BERNARD, CATHEY, CLOUD,
CORTEZ, FIELDS, FOIL, JACKSON, LUNEAU, MCMATH,
MILLIGAN, FRED MILLS, ROBERT MILLS, MIZELL, MORRIS,
PEACOCK, POPE, REESE, SMITH, TALBOT, WHITE AND
WOMACK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 17:24.9, to enact R.S. 17:24.10 and 3996(B)(59) and (60), and
3 to repeal R.S. 17:24.11 and 182, relative to early literacy; to provide for a
4 comprehensive early literacy initiative; to require early literacy instruction for grades
5 kindergarten to three; to provide for annual literacy assessment of certain students;
6 to provide literacy support for certain students; to provide for professional
7 development and teacher training; to require school literacy plans; to require annual
8 literacy reporting; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 17:24.9 is hereby amended and reenacted and R.S. 17:24.10 and
11 3996(B)(59) and (60) are hereby enacted to read as follows:
12 §24.9. Quality early reading literacy initiative; legislative findings; development;
13 criteria; implementation; evaluation limitations
14 A. The legislature recognizes that reading is the most important academic
15 skill and the foundation for all academic learning. The legislature further recognizes
16 that if our children cannot read then they are on the road to failure. It is for these
17 reasons that the legislature finds that teaching children to read on or above grade
18 level must be the highest priority of the state state's educational system. It is
19 therefore the purpose of this initiative to provide for and enhance quality reading
20 programs for the young students in our state.
21 B. The state Department of Education shall develop a comprehensive and
22 balanced evidence-based early childhood reading literacy initiative for students in
23 kindergarten through third grade. The department shall provide criteria that are
ACT No. 438
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1 research-based and which provide, at a minimum, for the following:
2 (1) A Develop a program for early literacy that is applicable for all students
3 in kindergarten through third grade including special education students.
4 (2) A method for selecting schools having students who are economically
5 disadvantaged as defined by the State Board of Elementary and Secondary Education
6 and low-performing students in kindergarten through third grade.
7 (3) A plan for the coordination of this initiative with existing programs and
8 funding sources within the schools and school systems.
9 (4) A valid evaluation process.
10 (5) A program that provides phonics as a component.
11 D. This initiative shall be evaluated through the state-level assessment system
12 that identifies those schools and school systems which are meeting state standards
13 of school accountability.
14 E. This program shall be implemented when funds are allocated for this
15 purpose. Such funding shall be allocated to every city and parish school system.
16 Develop a literacy assessment to assess the literacy level of each public
17 school student in kindergarten through third grade.
18 (a) In developing the literacy assessment, the department shall consider:
19 (i) The scientific validity and reliability of the literacy assessment.
20 (ii) The time required to conduct the literacy assessment, with the
21 intention to minimize the impact on instructional time.
22 (iii) The cost of administering the literacy assessment.
23 (iv) The timeliness and ease in reporting the results to teachers,
24 administrators, and parents.
25 (v) The integration of the literacy assessment with instruction.
26 (b) The literacy assessment shall:
27 (i) Measure, at a minimum, age-appropriate phonological awareness,
28 phonics, decoding, fluency, and comprehension.
29 (ii) Identify students whose literacy skills are below grade level.
30 (iii) Be a tool to assist in identifying students for further evaluation for
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1 specific programming, including students who display characteristics of being
2 dyslexic or gifted.
3 (3) Provide the literacy assessment, at no cost, to each public school for
4 use in identifying a student's foundational literacy skill level pursuant to R.S.
5 17:24.10.
6 (4) Establish the scores on the literacy assessment to determine whether
7 a student's literacy skills are above grade level, on grade level, or below grade
8 level.
9 (5) Require, beginning with the 2022-2023 school year, each public school
10 to administer the literacy assessment to each student in kindergarten through
11 third grade, within the first thirty days of each school year.
12 (6) Provide, within thirty days after the administration of the literacy
13 assessment, a literacy assessment report to each public school governing
14 authority, each public school, and each public school teacher who teaches
15 students in kindergarten through third grade, the number and percentage of
16 students with literacy skills determined to be above grade level, on grade level,
17 or below grade level. The number of students identified for referral for gifted
18 evaluation or targeted for literacy intervention shall also be reported.
19 (7)(a) Submit a report, not later than ninety days after the beginning of
20 each school year, to the Senate Committee on Education and the House
21 Committee on Education detailing the results of the literacy assessment for each
22 public elementary school, each public school system, and the state as a whole.
23 (b) The report shall include:
24 (i) The number and percentage of students in kindergarten through third
25 grade with literacy skills identified at each proficiency level.
26 (ii) The number of students identified for referral for gifted evaluation
27 or targeted for literacy intervention.
28 (iii) Literacy levels by student subgroups.
29 (c)The data reported shall be submitted in the aggregate and shall not
30 include any personally identifiable information pursuant to R.S. 17:3914.
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1 (8) Report the data for each school, for each school system, and the state
2 as a whole, in the school progress profiles provided pursuant to R.S. 17:3911
3 and 3912.
4 C. Not later than July 31, 2022, the State Board of Elementary and
5 Secondary Education shall revise teacher certification requirements and the
6 requirements of teacher education programs to require foundational literacy
7 skills standards in all educator preparation program of all candidates seeking
8 certification to teach students in kindergarten through third grade. The
9 foundational literacy skills standards shall include:
10 (1) How to effectively teach the foundational literacy skills of phonemic
11 awareness, phonics, fluency, vocabulary, and comprehension.
12 (2) How to differentiate instruction for teaching students with advanced
13 literacy skills and students with significant literacy deficiencies, including
14 dyslexia.
15 (3) How to implement effective literacy instruction using high-quality
16 instructional materials.
17 (4) Behavior management, trauma-informed principles and practices for
18 the classroom, and other developmentally appropriate supports to ensure that
19 students can effectively access literacy instruction.
20 (5) How to administer literacy assessments to students and use the
21 resulting data to improve literacy instruction for students.
22 D. The results from the literacy assessment shall be used in determining
23 school and district performance scores pursuant to the state's school and
24 district accountability system.
25 E. The State Board of Elementary and Secondary Education shall adopt
26 rules in accordance with the Administrative Procedure Act to implement the
27 provisions of this Section.
28 F. The board shall plan for the coordination of this initiative with
29 existing programs and funding sources within schools and school systems.
30 §24.10. Early literacy instruction and assessment; parental notification;
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1 reporting
2 A. Each public school shall:
3 (1) Provide each student in kindergarten through third grade age-
4 appropriate, systematic foundational literacy skills with instruction based on
5 scientifically researched methods proven to provide a strong literacy
6 foundation.
7 (2) Within the first thirty days of each school year, administer the
8 literacy assessment developed and provided by the state Department of
9 Education pursuant to R.S. 17:24.9 to each student in kindergarten through
10 third grade to determine each student's literacy level.
11 (3) Provide literacy interventions and supports designed to improve the
12 foundational literacy skills of any student identified as having literacy skills
13 below grade level. The supports may include daily targeted small-group
14 interventions, before and after school literacy intervention provided by a
15 teacher or tutor with specialized literacy training, and at-home literacy
16 programs that include literacy workshops for the parents and legal guardians
17 of students and web-based or parent-guided home literacy activities.
18 (4) Ensure, pursuant to R.S. 17:351.1, that all textbooks and instructional
19 materials used to teach students to read are high-quality, fully aligned to state
20 content standards, and based on literacy strategies that are scientifically
21 researched with proven results in teaching phonological awareness, letter
22 formation, phonics, decoding, fluency, vocabulary, and comprehension.
23 B.(1) Within fifteen days of identifying that a student in kindergarten
24 through third grade is below grade level, based on the results of the annual
25 literacy assessment, the school shall notify the student's parent or legal guardian
26 in writing that the student has been identified as being below grade level, and
27 shall provide the student's parent with the following:
28 (a) Information regarding the importance of being able to read
29 proficiently by the end of the third grade.
30 (b) Activities that may be used at home to improve literacy proficiency.
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1 (c) Information regarding the specific interventions and supports that
2 the school will provide to improve the literacy proficiency of the student.
3 (2) Each school shall provide mid-year and end-of-the-year updates to
4 the parent or legal guardian of each student identified as having literacy skills
5 below grade level detailing the student's progress in gaining foundational
6 literacy skills and providing the parent with additional tools to use at home to
7 improve the student's literacy proficiency.
8 C.(1) Beginning June 1, 2023, and triennially thereafter, each school shall
9 develop, and submit to the department, a foundational literacy skills plan for
10 students in kindergarten through third grade.
11 (2) Each foundational literacy skills plan shall include:
12 (a) The amount of time to be devoted daily to foundational literacy skills
13 instruction and a description of how the instructional time will be utilized.
14 (b) A list of English language arts textbooks and instructional materials
15 adopted by the school.
16 (c) A description of the interventions and supports available to students
17 identified as having literacy skills below grade level.
18 (d) A description of the professional development in foundational
19 literacy skills instruction provided to teachers who teach kindergarten through
20 third grade.
21 D. Each school shall post its foundational literacy skills plan and the
22 latest report on the literacy assessment on its website.
23 E. The results of the early literacy assessment shall not be used in
24 determining school and district performance scores prior to the 2023-2024
25 school year.
26 F. The State Board of Elementary and Secondary Education shall adopt
27 rules in accordance with the Administrative Procedure Act to implement the
28 provisions of this Section.
29 * * *
30 §3996. Charter schools; exemptions; requirements
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1 * * *
2 B. Notwithstanding any state law, rule, or regulation to the contrary and
3 except as may be otherwise specifically provided for in an approved charter, a
4 charter school established and operated in accordance with the provisions of this
5 Chapter and its approved charter and the school's officers and employees shall be
6 exempt from all statutory mandates or other statutory requirements that are
7 applicable to public schools and to public school officers and employees except for
8 the following laws otherwise applicable to public schools with the same grades:
9 * * *
10 (59) Quality early literacy initiative, R.S. 17:24.9.
11 (60) Early literacy instruction, R.S. 17:24.10.
12 * * *
13 Section 2. R.S. 17:24.11 and 182 are hereby repealed.
14 Section 3. This Act shall become effective on August 1, 2021; if vetoed by the
15 governor and subsequently approved by the legislature, this Act shall become effective on
16 August 1, 2021, or on the day following such approval by the legislature, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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