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Massachusetts House Bill H579

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H579 Compare Versions

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22 HOUSE DOCKET, NO. 3566 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 579
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Danillo A. Sena
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to promote high-quality comprehensive literacy instruction in all Massachusetts schools.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/20/2023Lindsay N. Sabadosa1st Hampshire1/23/2023Patricia A. Duffy5th Hampden1/24/2023Sal N. DiDomenicoMiddlesex and Suffolk1/27/2023John H. Rogers12th Norfolk1/30/2023David Paul Linsky5th Middlesex1/31/2023Angelo J. Puppolo, Jr.12th Hampden2/1/2023James C. Arena-DeRosa8th Middlesex2/1/2023Jack Patrick Lewis7th Middlesex2/6/2023Patrick Joseph Kearney4th Plymouth2/9/2023Simon Cataldo14th Middlesex2/10/2023Bud L. Williams11th Hampden2/17/2023Carlos González10th Hampden2/22/2023Shirley B. Arriaga8th Hampden2/28/2023 1 of 12
1616 HOUSE DOCKET, NO. 3566 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 579
1818 By Representative Sena of Acton, a petition (accompanied by bill, House, No. 579) of Danillo A.
1919 Sena and others for legislation to promote high-quality comprehensive literacy instruction in
2020 schools. Education.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to promote high-quality comprehensive literacy instruction in all Massachusetts schools.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1: Chapter 69 of the General Laws, as appearing in the 2020 Official Edition,
3030 2is hereby amended by inserting after section 36 the following section:- “Section 99. On or before
3131 3January 1, 2024 and annually thereafter, each district shall submit to the department a District
3232 4Literacy Strategic Plan that is aligned with statewide literacy strategic plan.  The Department will
3333 5create a template for districts to use in developing their District Literacy Strategic Plan. Prior to
3434 6such submission, said District Literacy Strategic Plan shall be reviewed and approved by the
3535 7school committee of that district.  Pursuant to M.G.L. chapter 69, section 1S(c), whenever any
3636 8school in a district receives results  from the department reporting 3rd grade English Language
3737 9Arts assessment with fewer than 50% of students meeting or exceeding expectations, or if such
3838 10results report any subgroup that is on average 10% below the overall school results on said 3rd
3939 11grade English Language Arts Assessment; the most recently submitted District Literacy Strategic
4040 12Plan shall be appended to and incorporated by reference into the 3-year plan.  Said District
4141 13Literacy Strategic Plan shall be subject to the review of the plan as set forth in Ch 69 § 1S (d). 2 of 12
4242 14Each District Literacy Strategic Plan shall follow the department template and address how the
4343 15local school committee and district will align (i) literacy professional development, (ii) core
4444 16reading and literacy curriculum, and (iii) screening, supplemental instruction, and interventions
4545 17with evidence-based literacy instruction practices aligned with science-based reading research
4646 18and how the school committee will support parents to support the literacy development of their
4747 19children. When developing such District Literacy Strategic Plan, each local school committee
4848 20shall use programs and curricula from the lists developed by the department or an approved
4949 21alternative program. The department shall prioritize review, technical assistance, and support to
5050 22districts, which are at the time of submission determined by the department to require assistance
5151 23or intervention.
5252 24 (a) The department, in consultation with designees of the commissioner of higher
5353 25education, shall convene a panel of stakeholders to draft recommendations to maximize
5454 26dissemination of evidence-based early literacy best practices among the educator workforce in
5555 27Massachusetts, which shall include but not be limited to pre-service training for teachers,
5656 28administrators, and related school-based service providers; professional development for in-
5757 29service teachers, administrators, and related school-based service providers; best practices related
5858 30to educator licensure, license endorsements or similar credentials intended to demonstrate
5959 31advanced knowledge of Evidence-Based Early Literacy practices; and such other matters as the
6060 32panel may determine would advance more equitable literacy outcomes for Massachusetts
6161 33students. 
6262 34 (b) Said recommendations shall be published in a report to be delivered to the Senate
6363 35President and the Speaker of the House of Representatives, the members of the House and Senate 3 of 12
6464 36Education Committees, the Governor, and the Board of Elementary and Secondary Education on
6565 37or before December 31, 2024.
6666 38 (c) The department shall provide tools and resources to aid districts in providing adequate
6767 39professional development aligned with evidence-based early literacy practices and science-based
6868 40reading research for literacy teachers, paraprofessionals, and reading specialists in grades
6969 41kindergarten through third grade.
7070 42 (d) The department shall create and maintain:
7171 43 i. A list of department-approved, high-quality professional development programs and
7272 44vendors aligned with evidence-based literacy best practices and science-based reading research.
7373 45 ii. A set of online training modules available and free to all teachers that provide training
7474 46on the foundational practices and pedagogy aligned with evidence-based literacy best practices
7575 47and the science of reading.  
7676 48 iii. Priority shall be given to districts that are determined by the department to require
7777 49assistance or intervention, schools receiving Title I funding, and schools with less than 50% of
7878 50students demonstrating proficiency as determined by the department.
7979 51 SECTION 2: Effective July 1, 2023, each school district shall at least three times per year
8080 52assess each student's reading ability and progress in literacy skills, from kindergarten through at
8181 53least third grade, using a valid, developmentally appropriate screening instrument approved by
8282 54the department. Consistent with section 2 of chapter 71B of the general laws and the
8383 55department's dyslexia and literacy guidelines, if such screenings determine that a student is
8484 56significantly below relevant benchmarks for age-typical development in specific literacy skills, 4 of 12
8585 57the school shall determine which actions within the general education program will meet the
8686 58student's needs, including differentiated or supplementary evidence-based reading instruction
8787 59and ongoing monitoring of progress. Within 30 school days of a screening result that is
8888 60significantly below the relevant benchmarks, the school shall inform the student's parent or
8989 61guardian of the screening results and the school's response and shall offer them the opportunity
9090 62for a follow-up discussion.
9191 63 Districts shall provide coverage for instruction or student support when the educator is
9292 64meeting the responsibilities outlined in this section. In determining which universal reading
9393 65screeners to include on the Massachusetts Early Literacy Universal Screening Assessment list,
9494 66the department shall also consider the following factors: (a) the time required to conduct the
9595 67screening, with the intention of minimizing impact on instructional time; (b) the timeliness in
9696 68reporting screening results to teachers, administrators, and parents; (c) the integration of
9797 69assessment and instruction the screener provides, including the ability to provide progress
9898 70monitoring capabilities and a diagnostic tool to support teachers or a progress monitoring team
9999 71with targeted instruction based on student needs. Screening, diagnostic assessment, and progress
100100 72monitoring processes shall be aligned with a multi-tiered system of support procedures, and tools
101101 73should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.
102102 74 Subject to funding, students enrolled in kindergarten shall be screened for characteristics
103103 75of dyslexia. The screening of students using an approved dyslexia screener must include, as
104104 76developmentally appropriate, all of the following: (i) phonological and phonemic awareness; (ii)
105105 77sound symbol recognition; (iii) alphabet knowledge; (iv) decoding skills; (v) rapid naming skills;
106106 78(vi) encoding skills; and (vii) oral reading fluency. Parents shall be notified of the results of such
107107 79screening in a similar manner as provided in section 2 herein. Dyslexia screening shall occur 5 of 12
108108 80after the 100th school day and before the last day scheduled in the district of said students
109109 81enrolled in kindergarten. In districts that are determined by the department to require assistance
110110 82or intervention, children who are not enrolled in kindergarten but would be eligible for such
111111 83enrollment shall be provided such dyslexia screening at the request of a parent or guardian.
112112 84 Districts shall comply with the recommendations set forth in the department’s guidelines
113113 85promulgated under Ch 71 § 57A; and further; any student enrolled in a district in first or second
114114 86grade shall, at the request of a parent or guardian, receive age-appropriate dyslexia screening at
115115 87no cost to them. Approved dyslexia screening tools shall be vetted and approved by the
116116 88department in a similar manner as provided for literacy screeners in section 2 (a) herein.
117117 89Approved dyslexia screening tools must include, as developmentally appropriate, all of the
118118 90following: (a) Phonological and phonemic awareness; (b) Sound symbol recognition; (c)
119119 91Alphabet knowledge; (d) Decoding skills; (e) Rapid naming skills; (f) Encoding skills; and (g)
120120 92Oral reading fluency. The department shall promulgate guidance to families and districts
121121 93recommending best practices when the results of a dyslexia screening suggest further response.
122122 94 The department shall include with its list of aligned universal reading screeners, literacy
123123 95intervention approaches, and Dyslexia Screeners an explanation of how these screeners and
124124 96interventions were selected, including consultation with national expert organizations and the
125125 97evidence base as demonstrated by the National Center on Intensive Intervention ("the Center") or
126126 98similarly validated research.
127127 99 The department shall provide professional learning on reading screening and literacy
128128 100intervention approaches at no cost to schools and districts which shall be provided during the
129129 101contractual day. 6 of 12
130130 102 In the event that a school or district adopts any reading screener, literacy intervention
131131 103approach, or Dyslexia Screener that is not listed as fully meeting expectations, the cost of such
132132 104assessment shall not count toward district net school spending expenditures.  In addition, the
133133 105district shall submit to the Center a written explanation, approved by the school committee,
134134 106stating the reason said the assessment was selected. 
135135 107 SECTION 3: (a)(1) The department, through the Center, shall establish and maintain a
136136 108list of evidence-based, reading instruction curricula for grades kindergarten through 3 in public
137137 109school entities. A curriculum on this list must:
138138 110 a. align with Evidence-Based Early Literacy & Science-based reading research, including
139139 111explicit and systematic instruction in phonological awareness, the alphabetic principle, decoding,
140140 112fluency, vocabulary, comprehension, and building content knowledge;
141141 113 b. include a logical scope and sequence that is sequential, systematic, and cumulative;
142142 114and
143143 115 c. include or support the use of high-quality instructional materials.
144144 116 (2) The department shall maintain the following on the department website:
145145 117 a. The current list of curricula under paragraph (a)(1) of this section; and
146146 118 b. The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1)
147147 119of this section.
148148 120 (3)(a)The department shall provide a process through which public school entities can
149149 121submit an application for department approval of an alternative curriculum that meets the
150150 122requirements under paragraph (a)(2)b of this section. 7 of 12
151151 123 (b) The department shall add curricula approved under paragraph (a)(3)a of this section to
152152 124the list under paragraph (a)(2) a of this section.
153153 125 (c) If a public school entity serves students in one or more of the grades kindergarten
154154 126through 3, the public school entity must do all of the following before the beginning of the 2025-
155155 1272026 school year:
156156 128 (1) For students in grades kindergarten through 3, adopt a reading instruction curriculum
157157 129from the list under subsection (a) of this section. 
158158 130 (2) Approve competency-based professional development for educators providing
159159 131reading instruction. This professional development must be completed during the contractual day
160160 132and must be high-quality professional learning aligned with the essential components of
161161 133evidence-based reading instruction, including professional learning associated with the
162162 134curriculum adopted under this section.
163163 135 (3) Identify an individual responsible for assisting each school with the implementation
164164 136of the curricula adopted under paragraph (c)(1) of this section.
165165 137 (4) Demonstrate that all educators responsible for reading instruction or coaching have
166166 138completed approved professional development under paragraph (c)(2) of this section, including
167167 139all educators identified or certified as any of the following: 
168168 140 a. Elementary teacher.
169169 141 b. School reading specialist.
170170 142 c. Reading interventionist. 8 of 12
171171 143 d. Special education teacher of students with disabilities.
172172 144 e. The individual identified, under paragraph (c)(3) of this section.
173173 145 f. Literacy coach.
174174 146 g. Building-level principal and/or school administrator.
175175 147 (5)  In the event that a school or district adopts a screening assessment that is not listed as
176176 148fully meeting expectations, the cost of such assessment shall not count toward district net school
177177 149spending expenditures.  In addition, the district shall submit to the Center a written explanation,
178178 150approved by the school committee, stating the reason the assessment was selected. 
179179 151 SECTION 4: (a) Any student in kindergarten or grades 1-3 who exhibits a deficiency in
180180 152reading at any time and any fourth-grade student identified as having reading deficiencies shall
181181 153receive an individual reading improvement plan no later than 30 days after the identification of
182182 154the reading deficiency. The reading improvement plan shall be created by the teacher, principal,
183183 155other pertinent school personnel, and the parent(s), and shall describe the research-based reading
184184 156intervention services the student will receive to remedy the reading deficit. Each student must
185185 157receive intensive reading intervention until the student no longer has a deficiency in reading.
186186 158 (b) Districts shall offer a reading intervention program to each K-3 student who exhibits a
187187 159reading deficiency to ensure students can read at or above grade level by the end of grade 3. The
188188 160reading intervention program shall be provided in addition to core reading instruction that is
189189 161provided to all students in the general education classroom. The reading intervention program
190190 162shall:  9 of 12
191191 163 (1) Be provided to all K-3 students identified with a reading deficiency as determined by
192192 164the department-approved assessment system administered within the first thirty (30) days of
193193 165school; 
194194 166 (2) Provide explicit and systematic instruction in phonological awareness, phonics,
195195 167fluency, vocabulary, and comprehension, as applicable; 
196196 168 (3) Monitor the reading progress of each student’s reading skills throughout the school
197197 169year and adjust instruction according to student needs; and 
198198 170 (4) Be implemented during regular school hours.
199199 171 (c) The department shall convene a panel of stakeholders to identify and list literacy
200200 172intervention approaches that are aligned with the essential components of evidence-based
201201 173reading instruction and Science-based reading research. The initial lists must be published
202202 174within eighteen months of this act.
203203 175 SECTION 5: (a)(1) Beginning in 2024, each district shall report annually to the
204204 176department, on or before October 31, the following:
205205 177 a. The number and percentage of students, disaggregated by grade and by individual
206206 178school, identified with a potential reading deficiency, including characteristics of dyslexia,
207207 179pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention
208208 180approaches being provided. 
209209 181 b. The curricula adopted under this article. 10 of 12
210210 182 c. The individuals identified under Section 3 (b)(4)  of this article and each individual’s
211211 183responsibilities for approving and providing professional development required under sections 1
212212 184and 3 of this bill.
213213 185 d. How the school district or charter school will ensure that educators have access to and
214214 186have successfully completed the professional development required under sections 1 and 3 of
215215 187this bill.
216216 188 (b) Beginning December 31, 2024, the department shall produce an annual report that
217217 189provides all of the following:
218218 190 a. The number and percentage of students identified with a potential reading deficiency,
219219 191including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this
220220 192section, and the literacy intervention approaches being provided. Said information, disaggregated
221221 193by grade and by individual school, shall be made available on the department’s website.
222222 194 b. A list of the curricula adopted under subsection (a) of this section and the number of
223223 195schools that have adopted each curriculum listed.
224224 196 c. The number of educators who have received each type of professional development
225225 197provided under paragraph (b)(2) of this section.
226226 198 d. The percentage of the educators required to receive professional development under
227227 199paragraph (b)(4) of this section that have successfully completed that professional development.
228228 200 (c) The department shall send the report required under this subsection to the Senate
229229 201President and the Speaker of the House of Representatives, the members of the House and Senate
230230 202Education Committees, the Governor, and the Board of Elementary and Secondary Education. 11 of 12
231231 203 Section 6. DEFINITIONS.
232232 204 “Evidence-based literacy instruction" means structured instructional practices, including
233233 205sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable,
234234 206trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in
235235 207core or general instruction, supplemental instruction, intervention services, and intensive
236236 208intervention services; (iii) have a demonstrated record of success in adequately increasing
237237 209students' reading competency, vocabulary, oral language, and comprehension and in building
238238 210mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic
239239 211principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in
240240 212order to meet the individual needs of students.
241241 213 "Science-based reading research" means research that (i) applies rigorous, systematic,
242242 214and objective observational or experimental procedures to obtain valid knowledge relevant to
243243 215reading development, reading instruction, and reading and writing difficulties and (ii) explains
244244 216how proficient reading and writing develop, why some children have difficulties developing key
245245 217literacy skills, and how schools can best assess and instruct early literacy, including the use of
246246 218evidence-based literacy instruction practices to promote reading and writing achievement.
247247 219 “Literacy intervention approaches” means evidence-based, specialized reading, writing,
248248 220and spelling instruction that is systematic and explicit and intensified based on the needs of the
249249 221student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller
250250 222groups, increased frequency of instruction, and individualized progression through steps, than
251251 223typical evidence-based reading instruction. 12 of 12
252252 224 “Multi-Tiered Systems of Support (MTSS)”.  A framework for how school districts can
253253 225build the necessary systems to ensure that each and every student receives a high-quality
254254 226educational experience. It is designed to support schools in proactively identifying and
255255 227addressing the strengths and needs of all students by optimizing data-driven decision-making,
256256 228progress monitoring, and the use of evidence-based supports and strategies with increasing
257257 229intensity to sustain student growth.
258258 230 “Evidence-Based Early Literacy." Evidence-based instructional and assessment practices
259259 231that address the multimodal approach that integrates listening, speaking, reading, spelling, and
260260 232writing in the acquisition of oral and written language skills that can be differentiated to meet the
261261 233needs of individual students.  Evidence-Based Early Literacy should align with scientifically
262262 234based reading research standards set forth in  20 USC 6368 (3)(4)(5)(6)(7).
263263 235 “Universal reading screener” means a tool used as part of a multi-tiered system of support
264264 236to determine if a student is at risk for developing reading difficulties and the need for
265265 237intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A
266266 238universal reading screener must do all of the following:
267267 239 a. Measure, at a minimum, phonological awareness, the alphabetic principle, decoding,
268268 240fluency, vocabulary, comprehension, and building content knowledge.
269269 241 b. Identify students who have a potential reading deficiency, including identifying
270270 242students with characteristics of dyslexia.
271271 243