HOUSE . . . . . . . . No. 4423 The Commonwealth of Massachusetts ________________________________________ HOUSE OF REPRESENTATIVES, February 26, 2024. The committee on Education, to whom was referred the petition (accompanied by bill, House, No. 579) of Danillo A. Sena and others for legislation to promote high-quality comprehensive literacy instruction in schools, reports recommending that the accompanying bill (House, No. 4423) ought to pass. For the committee, DENISE C. GARLICK. 1 of 6 FILED ON: 2/7/2024 HOUSE . . . . . . . . . . . . . . . No. 4423 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act to promote high-quality early literacy instruction and improve student outcomes. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 55A of chapter 15 of the General Laws, as appearing in the 2022 2Official Edition, is hereby amended by inserting after the words “curriculum and assessments;” 3in line 56, the following language:- 4 (6) evaluate the alignment of literacy instructional materials and curricula with 5department-recommended high quality literacy instructional materials and curricula, as per 6section 1E of chapter 69; 7 SECTION 2. Said section 55A of chapter 15, as so appearing, is hereby further amended 8by striking the language “(6) review the progress of overall student achievement and; (7) 9evaluate student performance, school and district management, overall district governance and 10any other areas deemed necessary by the office.” in lines 56 through 59, and replacing it with the 11following language:- 2 of 6 12 (7) review the progress of overall student achievement and; (8) evaluate student 13performance, school and district management, overall district governance and any other areas 14deemed necessary by the office. 15 SECTION 3. Section 1E of chapter 69 of the General Laws, as appearing in the 2022 16Official Edition, is hereby amended by adding at the end of the first paragraph the following 17sentence:- 18 Curricula selected to meet the curriculum frameworks for elementary literacy must be 19aligned with evidence-based literacy instruction. 20 SECTION 4. Subsection (c)(ii) of section 1S of chapter 69 of the General Laws, as so 21appearing, is hereby amended by striking out, in line 41, the words “and (J)”, and inserting in 22place thereof the following words:- (J) implementing evidence-based literacy instruction; and 23(K) 24 SECTION 3. Said subsection (c)(ii) of section 1S of chapter 69, as so appearing, is 25hereby further amended by striking out, in line 44, the word “(I)”, and inserting in place thereof 26the following word:- (J) 27 SECTION 5. Section 38G of chapter 71 of the General Laws, as so appearing, is hereby 28amended by inserting after the word “personnel”, in line 281, the following:- 29 ; provided that policies and guidelines must include alignment with evidence-based 30literacy instruction for educator preparation programs to be approved. 31 SECTION 6. 3 of 6 32 Section 1. Notwithstanding any general or special law to the contrary, as used in this bill, 33the following words shall, unless the context requires otherwise, have the following meanings:- 34 “department” means the Department of Elementary and Secondary Education 35 “Evidence-based literacy instruction" means structured instructional practices, including 36sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, 37trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in 38core or general instruction, supplemental instruction, intervention services, and intensive 39intervention services; (iii) have a demonstrated record of success in adequately increasing 40students' reading competency, vocabulary, oral language, and comprehension and in building 41mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic 42principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in 43order to meet the individual needs of students. Evidence-based literacy instruction should align 44with scientifically based reading research standards set forth in 20 USC 6368 (3)(4)(5)(6)(7). 45 "Science-based reading research" means research that (i) applies rigorous, systematic, 46and objective observational or experimental procedures to obtain valid knowledge relevant to 47reading development, reading instruction, and reading and writing difficulties and (ii) explains 48how proficient reading and writing develop, why some children have difficulties developing key 49literacy skills, and how schools can best assess and instruct early literacy, including the use of 50evidence-based literacy instruction practices to promote reading and writing achievement. 51 Section 2. (a) The department shall provide tools and resources to aid districts in 52providing adequate professional development aligned with evidence-based literacy instruction 4 of 6 53and science-based reading research for literacy teachers, paraprofessionals, and reading 54specialists in grades pre-kindergarten through third grade. 55 (b) The department shall create and maintain 56 i. A list of department-approved, high-quality professional development programs and 57vendors aligned with evidence-based literacy instruction best practices and science-based reading 58research. 59 ii. A set of online training modules available and free to all teachers that provide training 60on the foundational practices and pedagogy aligned with evidence-based literacy instruction best 61practices and science-based reading research. 62 Section 3: Each school district shall at least two times per year assess each student's 63reading ability and progress in literacy skills, from kindergarten through at least third grade, 64using a valid, developmentally appropriate screening instrument approved by the department. 65Consistent with section 2 of chapter 71B of the general laws and the department's dyslexia and 66literacy guidelines, if such screenings determine that a student is significantly below relevant 67benchmarks for age-typical development in specific literacy skills, the school shall determine 68which actions within the general education program will meet the student's needs, including 69differentiated or supplementary evidence-based literacy instruction and ongoing monitoring of 70progress. Within 30 school days of a screening result that is significantly below the relevant 71benchmarks, the school shall inform the student's parent or guardian of the screening results and 72the school's response and shall offer them the opportunity for a follow-up discussion. 73 Section 4: (a) The department shall create guidelines for districts to use to determine if 74any students exhibit a reading deficiency. Guidelines shall include the steps that districts must 5 of 6 75follow to address and remedy such reading deficiencies. The department shall consult experts to 76identify and make available to districts literacy intervention approaches that are aligned with the 77essential components of evidence-based literacy instruction and science-based reading research. 78 (b) Districts shall follow department guidelines established in subsection (a) for any 79student in kindergarten through grade 3 who exhibits a deficiency in reading. 80 Section 5: (a)(1) The department shall identify a list of data requirements for reporting 81purposes in order to ensure that districts are implementing evidence-based literacy instruction 82under this bill. The department shall publish reporting requirements by the start of each school 83year. 84 (2) Beginning in 2025, each district shall report annually to the department, on or before 85October 31, the data reporting requirements set out in subsection (a)(1). 86 (b) Annually, beginning no later than December 31, 2025, the department shall aggregate 87data collected from each district under this section and file a report with the clerks of the senate 88and house of representatives, the joint committee on education and made public on the 89department’s website. 90 Section 6. The department shall convene a panel of expert stakeholders to study the early 91literacy education landscape in the Commonwealth and draft recommendations to maximize 92dissemination of evidence-based literacy instruction best practices among the educator workforce 93in Massachusetts, which shall include, but not be limited to, pre-service training for teachers, 94administrators, and related school-based service providers; professional development for in- 95service teachers, administrators, and related school-based service providers; best practices related 96to educator licensure, license endorsements or similar credentials intended to demonstrate 6 of 6 97advanced knowledge of evidence-based literacy instruction best practices; and such other matters 98as the panel may determine would advance more equitable literacy outcomes for all 99Massachusetts students. 100 Said recommendations shall be published in a report filed with the clerks of the senate 101and the house of representatives, the joint committee on education and made public on the 102department’s website no later than December 31, 2025. 103 Section 7. The department shall promulgate such rules and regulations as it deems 104necessary to implement the provisions of this bill.