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HOUSE DOCKET, NO. 3566 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 579
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Danillo A. Sena
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to promote high-quality comprehensive literacy instruction in all Massachusetts schools.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 3566 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 579
By Representative Sena of Acton, a petition (accompanied by bill, House, No. 579) of Danillo A.
Sena and others for legislation to promote high-quality comprehensive literacy instruction in
schools. Education.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to promote high-quality comprehensive literacy instruction in all Massachusetts schools.
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: Chapter 69 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 36 the following section:- “Section 99. On or before
3January 1, 2024 and annually thereafter, each district shall submit to the department a District
4Literacy Strategic Plan that is aligned with statewide literacy strategic plan. The Department will
5create a template for districts to use in developing their District Literacy Strategic Plan. Prior to
6such submission, said District Literacy Strategic Plan shall be reviewed and approved by the
7school committee of that district. Pursuant to M.G.L. chapter 69, section 1S(c), whenever any
8school in a district receives results from the department reporting 3rd grade English Language
9Arts assessment with fewer than 50% of students meeting or exceeding expectations, or if such
10results report any subgroup that is on average 10% below the overall school results on said 3rd
11grade English Language Arts Assessment; the most recently submitted District Literacy Strategic
12Plan shall be appended to and incorporated by reference into the 3-year plan. Said District
13Literacy Strategic Plan shall be subject to the review of the plan as set forth in Ch 69 § 1S (d). 2 of 12
14Each District Literacy Strategic Plan shall follow the department template and address how the
15local school committee and district will align (i) literacy professional development, (ii) core
16reading and literacy curriculum, and (iii) screening, supplemental instruction, and interventions
17with evidence-based literacy instruction practices aligned with science-based reading research
18and how the school committee will support parents to support the literacy development of their
19children. When developing such District Literacy Strategic Plan, each local school committee
20shall use programs and curricula from the lists developed by the department or an approved
21alternative program. The department shall prioritize review, technical assistance, and support to
22districts, which are at the time of submission determined by the department to require assistance
23or intervention.
24 (a) The department, in consultation with designees of the commissioner of higher
25education, shall convene a panel of stakeholders to draft recommendations to maximize
26dissemination of evidence-based early literacy best practices among the educator workforce in
27Massachusetts, which shall include but not be limited to pre-service training for teachers,
28administrators, and related school-based service providers; professional development for in-
29service teachers, administrators, and related school-based service providers; best practices related
30to educator licensure, license endorsements or similar credentials intended to demonstrate
31advanced knowledge of Evidence-Based Early Literacy practices; and such other matters as the
32panel may determine would advance more equitable literacy outcomes for Massachusetts
33students.
34 (b) Said recommendations shall be published in a report to be delivered to the Senate
35President and the Speaker of the House of Representatives, the members of the House and Senate 3 of 12
36Education Committees, the Governor, and the Board of Elementary and Secondary Education on
37or before December 31, 2024.
38 (c) The department shall provide tools and resources to aid districts in providing adequate
39professional development aligned with evidence-based early literacy practices and science-based
40reading research for literacy teachers, paraprofessionals, and reading specialists in grades
41kindergarten through third grade.
42 (d) The department shall create and maintain:
43 i. A list of department-approved, high-quality professional development programs and
44vendors aligned with evidence-based literacy best practices and science-based reading research.
45 ii. A set of online training modules available and free to all teachers that provide training
46on the foundational practices and pedagogy aligned with evidence-based literacy best practices
47and the science of reading.
48 iii. Priority shall be given to districts that are determined by the department to require
49assistance or intervention, schools receiving Title I funding, and schools with less than 50% of
50students demonstrating proficiency as determined by the department.
51 SECTION 2: Effective July 1, 2023, each school district shall at least three times per year
52assess each student's reading ability and progress in literacy skills, from kindergarten through at
53least third grade, using a valid, developmentally appropriate screening instrument approved by
54the department. Consistent with section 2 of chapter 71B of the general laws and the
55department's dyslexia and literacy guidelines, if such screenings determine that a student is
56significantly below relevant benchmarks for age-typical development in specific literacy skills, 4 of 12
57the school shall determine which actions within the general education program will meet the
58student's needs, including differentiated or supplementary evidence-based reading instruction
59and ongoing monitoring of progress. Within 30 school days of a screening result that is
60significantly below the relevant benchmarks, the school shall inform the student's parent or
61guardian of the screening results and the school's response and shall offer them the opportunity
62for a follow-up discussion.
63 Districts shall provide coverage for instruction or student support when the educator is
64meeting the responsibilities outlined in this section. In determining which universal reading
65screeners to include on the Massachusetts Early Literacy Universal Screening Assessment list,
66the department shall also consider the following factors: (a) the time required to conduct the
67screening, with the intention of minimizing impact on instructional time; (b) the timeliness in
68reporting screening results to teachers, administrators, and parents; (c) the integration of
69assessment and instruction the screener provides, including the ability to provide progress
70monitoring capabilities and a diagnostic tool to support teachers or a progress monitoring team
71with targeted instruction based on student needs. Screening, diagnostic assessment, and progress
72monitoring processes shall be aligned with a multi-tiered system of support procedures, and tools
73should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.
74 Subject to funding, students enrolled in kindergarten shall be screened for characteristics
75of dyslexia. The screening of students using an approved dyslexia screener must include, as
76developmentally appropriate, all of the following: (i) phonological and phonemic awareness; (ii)
77sound symbol recognition; (iii) alphabet knowledge; (iv) decoding skills; (v) rapid naming skills;
78(vi) encoding skills; and (vii) oral reading fluency. Parents shall be notified of the results of such
79screening in a similar manner as provided in section 2 herein. Dyslexia screening shall occur 5 of 12
80after the 100th school day and before the last day scheduled in the district of said students
81enrolled in kindergarten. In districts that are determined by the department to require assistance
82or intervention, children who are not enrolled in kindergarten but would be eligible for such
83enrollment shall be provided such dyslexia screening at the request of a parent or guardian.
84 Districts shall comply with the recommendations set forth in the department’s guidelines
85promulgated under Ch 71 § 57A; and further; any student enrolled in a district in first or second
86grade shall, at the request of a parent or guardian, receive age-appropriate dyslexia screening at
87no cost to them. Approved dyslexia screening tools shall be vetted and approved by the
88department in a similar manner as provided for literacy screeners in section 2 (a) herein.
89Approved dyslexia screening tools must include, as developmentally appropriate, all of the
90following: (a) Phonological and phonemic awareness; (b) Sound symbol recognition; (c)
91Alphabet knowledge; (d) Decoding skills; (e) Rapid naming skills; (f) Encoding skills; and (g)
92Oral reading fluency. The department shall promulgate guidance to families and districts
93recommending best practices when the results of a dyslexia screening suggest further response.
94 The department shall include with its list of aligned universal reading screeners, literacy
95intervention approaches, and Dyslexia Screeners an explanation of how these screeners and
96interventions were selected, including consultation with national expert organizations and the
97evidence base as demonstrated by the National Center on Intensive Intervention ("the Center") or
98similarly validated research.
99 The department shall provide professional learning on reading screening and literacy
100intervention approaches at no cost to schools and districts which shall be provided during the
101contractual day. 6 of 12
102 In the event that a school or district adopts any reading screener, literacy intervention
103approach, or Dyslexia Screener that is not listed as fully meeting expectations, the cost of such
104assessment shall not count toward district net school spending expenditures. In addition, the
105district shall submit to the Center a written explanation, approved by the school committee,
106stating the reason said the assessment was selected.
107 SECTION 3: (a)(1) The department, through the Center, shall establish and maintain a
108list of evidence-based, reading instruction curricula for grades kindergarten through 3 in public
109school entities. A curriculum on this list must:
110 a. align with Evidence-Based Early Literacy & Science-based reading research, including
111explicit and systematic instruction in phonological awareness, the alphabetic principle, decoding,
112fluency, vocabulary, comprehension, and building content knowledge;
113 b. include a logical scope and sequence that is sequential, systematic, and cumulative;
114and
115 c. include or support the use of high-quality instructional materials.
116 (2) The department shall maintain the following on the department website:
117 a. The current list of curricula under paragraph (a)(1) of this section; and
118 b. The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1)
119of this section.
120 (3)(a)The department shall provide a process through which public school entities can
121submit an application for department approval of an alternative curriculum that meets the
122requirements under paragraph (a)(2)b of this section. 7 of 12
123 (b) The department shall add curricula approved under paragraph (a)(3)a of this section to
124the list under paragraph (a)(2) a of this section.
125 (c) If a public school entity serves students in one or more of the grades kindergarten
126through 3, the public school entity must do all of the following before the beginning of the 2025-
1272026 school year:
128 (1) For students in grades kindergarten through 3, adopt a reading instruction curriculum
129from the list under subsection (a) of this section.
130 (2) Approve competency-based professional development for educators providing
131reading instruction. This professional development must be completed during the contractual day
132and must be high-quality professional learning aligned with the essential components of
133evidence-based reading instruction, including professional learning associated with the
134curriculum adopted under this section.
135 (3) Identify an individual responsible for assisting each school with the implementation
136of the curricula adopted under paragraph (c)(1) of this section.
137 (4) Demonstrate that all educators responsible for reading instruction or coaching have
138completed approved professional development under paragraph (c)(2) of this section, including
139all educators identified or certified as any of the following:
140 a. Elementary teacher.
141 b. School reading specialist.
142 c. Reading interventionist. 8 of 12
143 d. Special education teacher of students with disabilities.
144 e. The individual identified, under paragraph (c)(3) of this section.
145 f. Literacy coach.
146 g. Building-level principal and/or school administrator.
147 (5) In the event that a school or district adopts a screening assessment that is not listed as
148fully meeting expectations, the cost of such assessment shall not count toward district net school
149spending expenditures. In addition, the district shall submit to the Center a written explanation,
150approved by the school committee, stating the reason the assessment was selected.
151 SECTION 4: (a) Any student in kindergarten or grades 1-3 who exhibits a deficiency in
152reading at any time and any fourth-grade student identified as having reading deficiencies shall
153receive an individual reading improvement plan no later than 30 days after the identification of
154the reading deficiency. The reading improvement plan shall be created by the teacher, principal,
155other pertinent school personnel, and the parent(s), and shall describe the research-based reading
156intervention services the student will receive to remedy the reading deficit. Each student must
157receive intensive reading intervention until the student no longer has a deficiency in reading.
158 (b) Districts shall offer a reading intervention program to each K-3 student who exhibits a
159reading deficiency to ensure students can read at or above grade level by the end of grade 3. The
160reading intervention program shall be provided in addition to core reading instruction that is
161provided to all students in the general education classroom. The reading intervention program
162shall: 9 of 12
163 (1) Be provided to all K-3 students identified with a reading deficiency as determined by
164the department-approved assessment system administered within the first thirty (30) days of
165school;
166 (2) Provide explicit and systematic instruction in phonological awareness, phonics,
167fluency, vocabulary, and comprehension, as applicable;
168 (3) Monitor the reading progress of each student’s reading skills throughout the school
169year and adjust instruction according to student needs; and
170 (4) Be implemented during regular school hours.
171 (c) The department shall convene a panel of stakeholders to identify and list literacy
172intervention approaches that are aligned with the essential components of evidence-based
173reading instruction and Science-based reading research. The initial lists must be published
174within eighteen months of this act.
175 SECTION 5: (a)(1) Beginning in 2024, each district shall report annually to the
176department, on or before October 31, the following:
177 a. The number and percentage of students, disaggregated by grade and by individual
178school, identified with a potential reading deficiency, including characteristics of dyslexia,
179pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention
180approaches being provided.
181 b. The curricula adopted under this article. 10 of 12
182 c. The individuals identified under Section 3 (b)(4) of this article and each individual’s
183responsibilities for approving and providing professional development required under sections 1
184and 3 of this bill.
185 d. How the school district or charter school will ensure that educators have access to and
186have successfully completed the professional development required under sections 1 and 3 of
187this bill.
188 (b) Beginning December 31, 2024, the department shall produce an annual report that
189provides all of the following:
190 a. The number and percentage of students identified with a potential reading deficiency,
191including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this
192section, and the literacy intervention approaches being provided. Said information, disaggregated
193by grade and by individual school, shall be made available on the department’s website.
194 b. A list of the curricula adopted under subsection (a) of this section and the number of
195schools that have adopted each curriculum listed.
196 c. The number of educators who have received each type of professional development
197provided under paragraph (b)(2) of this section.
198 d. The percentage of the educators required to receive professional development under
199paragraph (b)(4) of this section that have successfully completed that professional development.
200 (c) The department shall send the report required under this subsection to the Senate
201President and the Speaker of the House of Representatives, the members of the House and Senate
202Education Committees, the Governor, and the Board of Elementary and Secondary Education. 11 of 12
203 Section 6. DEFINITIONS.
204 “Evidence-based literacy instruction" means structured instructional practices, including
205sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable,
206trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in
207core or general instruction, supplemental instruction, intervention services, and intensive
208intervention services; (iii) have a demonstrated record of success in adequately increasing
209students' reading competency, vocabulary, oral language, and comprehension and in building
210mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic
211principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in
212order to meet the individual needs of students.
213 "Science-based reading research" means research that (i) applies rigorous, systematic,
214and objective observational or experimental procedures to obtain valid knowledge relevant to
215reading development, reading instruction, and reading and writing difficulties and (ii) explains
216how proficient reading and writing develop, why some children have difficulties developing key
217literacy skills, and how schools can best assess and instruct early literacy, including the use of
218evidence-based literacy instruction practices to promote reading and writing achievement.
219 “Literacy intervention approaches” means evidence-based, specialized reading, writing,
220and spelling instruction that is systematic and explicit and intensified based on the needs of the
221student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller
222groups, increased frequency of instruction, and individualized progression through steps, than
223typical evidence-based reading instruction. 12 of 12
224 “Multi-Tiered Systems of Support (MTSS)”. A framework for how school districts can
225build the necessary systems to ensure that each and every student receives a high-quality
226educational experience. It is designed to support schools in proactively identifying and
227addressing the strengths and needs of all students by optimizing data-driven decision-making,
228progress monitoring, and the use of evidence-based supports and strategies with increasing
229intensity to sustain student growth.
230 “Evidence-Based Early Literacy." Evidence-based instructional and assessment practices
231that address the multimodal approach that integrates listening, speaking, reading, spelling, and
232writing in the acquisition of oral and written language skills that can be differentiated to meet the
233needs of individual students. Evidence-Based Early Literacy should align with scientifically
234based reading research standards set forth in 20 USC 6368 (3)(4)(5)(6)(7).
235 “Universal reading screener” means a tool used as part of a multi-tiered system of support
236to determine if a student is at risk for developing reading difficulties and the need for
237intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A
238universal reading screener must do all of the following:
239 a. Measure, at a minimum, phonological awareness, the alphabetic principle, decoding,
240fluency, vocabulary, comprehension, and building content knowledge.
241 b. Identify students who have a potential reading deficiency, including identifying
242students with characteristics of dyslexia.
243