MA
Massachusetts Senate Bill S263

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S263 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 SENATE DOCKET, NO. 1751 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 263
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Sal N. DiDomenico
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 :Sal N. DiDomenicoMiddlesex and SuffolkPaul W. MarkBerkshire, Hampden, Franklin and
1616 Hampshire
1717 1/24/2023John C. VelisHampden and Hampshire2/1/2023Angelo J. Puppolo, Jr.12th Hampden2/1/2023Michael O. MooreSecond Worcester2/2/2023Tackey Chan2nd Norfolk2/2/2023Jack Patrick Lewis7th Middlesex2/7/2023James B. EldridgeMiddlesex and Worcester2/21/2023Shirley B. Arriaga8th Hampden2/22/2023 1 of 12
1818 SENATE DOCKET, NO. 1751 FILED ON: 1/19/2023
1919 SENATE . . . . . . . . . . . . . . No. 263
2020 By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 263) of Sal N. DiDomenico,
2121 Paul W. Mark, John C. Velis, Angelo J. Puppolo, Jr. and other members of the General Court for
2222 legislation to promote high-quality comprehensive literacy instruction in all Massachusetts
2323 schools. Education.
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act to promote high-quality comprehensive literacy instruction in all Massachusetts schools.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1: Chapter 69 of the General Laws, as appearing in the 2020 Official Edition,
3333 2is hereby amended by inserting after section 36 the following section:- “Section 99. On or before
3434 3January 1, 2024 and annually thereafter, each district shall submit to the department a District
3535 4Literacy Strategic Plan that is aligned with statewide literacy strategic plan.  The Department will
3636 5create a template for districts to use in developing their District Literacy Strategic Plan. Prior to
3737 6such submission, said District Literacy Strategic Plan shall be reviewed and approved by the
3838 7school committee of that district.  Pursuant to M.G.L. chapter 69, section 1S(c), whenever any
3939 8school in a district receives results  from the department reporting 3rd grade English Language
4040 9Arts assessment with fewer than 50% of students meeting or exceeding expectations, or if such
4141 10results report any subgroup that is on average 10% below the overall school results on said 3rd
4242 11grade English Language Arts Assessment; the most recently submitted District Literacy Strategic
4343 12Plan shall be appended to and incorporated by reference into the 3-year plan.  Said District 2 of 12
4444 13Literacy Strategic Plan shall be subject to the review of the plan as set forth in Ch 69 § 1S (d).
4545 14Each District Literacy Strategic Plan shall follow the department template and address how the
4646 15local school committee and district will align (i) literacy professional development, (ii) core
4747 16reading and literacy curriculum, and (iii) screening, supplemental instruction, and interventions
4848 17with evidence-based literacy instruction practices aligned with science-based reading research
4949 18and how the school committee will support parents to support the literacy development of their
5050 19children. When developing such District Literacy Strategic Plan, each local school committee
5151 20shall use programs and curricula from the lists developed by the department or an approved
5252 21alternative program. The department shall prioritize review, technical assistance, and support to
5353 22districts, which are at the time of submission determined by the department to require assistance
5454 23or intervention.
5555 24 (a) The department, in consultation with designees of the commissioner of higher
5656 25education, shall convene a panel of stakeholders to draft recommendations to maximize
5757 26dissemination of evidence-based early literacy best practices among the educator workforce in
5858 27Massachusetts, which shall include but not be limited to pre-service training for teachers,
5959 28administrators, and related school-based service providers; professional development for in-
6060 29service teachers, administrators, and related school-based service providers; best practices related
6161 30to educator licensure, license endorsements or similar credentials intended to demonstrate
6262 31advanced knowledge of Evidence-Based Early Literacy practices; and such other matters as the
6363 32panel may determine would advance more equitable literacy outcomes for Massachusetts
6464 33students. 
6565 34 (b) Said recommendations shall be published in a report to be delivered to the Senate
6666 35President and the Speaker of the House of Representatives, the members of the House and Senate 3 of 12
6767 36Education Committees, the Governor, and the Board of Elementary and Secondary Education on
6868 37or before December 31, 2024.
6969 38 (c) The department shall provide tools and resources to aid districts in providing adequate
7070 39professional development aligned with evidence-based early literacy practices and science-based
7171 40reading research for literacy teachers, paraprofessionals, and reading specialists in grades
7272 41kindergarten through third grade.
7373 42 (d) The department shall create and maintain:
7474 43 i. A list of department-approved, high-quality professional development programs and
7575 44vendors aligned with evidence-based literacy best practices and science-based reading research.
7676 45 ii. A set of online training modules available and free to all teachers that provide training
7777 46on the foundational practices and pedagogy aligned with evidence-based literacy best practices
7878 47and the science of reading.  
7979 48 iii. Priority shall be given to districts that are determined by the department to require
8080 49assistance or intervention, schools receiving Title I funding, and schools with less than 50% of
8181 50students demonstrating proficiency as determined by the department.
8282 51 SECTION 2: Effective July 1, 2023, each school district shall at least three times per year
8383 52assess each student's reading ability and progress in literacy skills, from kindergarten through at
8484 53least third grade, using a valid, developmentally appropriate screening instrument approved by
8585 54the department. Consistent with section 2 of chapter 71B of the general laws and the
8686 55department's dyslexia and literacy guidelines, if such screenings determine that a student is
8787 56significantly below relevant benchmarks for age-typical development in specific literacy skills, 4 of 12
8888 57the school shall determine which actions within the general education program will meet the
8989 58student's needs, including differentiated or supplementary evidence-based reading instruction
9090 59and ongoing monitoring of progress. Within 30 school days of a screening result that is
9191 60significantly below the relevant benchmarks, the school shall inform the student's parent or
9292 61guardian of the screening results and the school's response and shall offer them the opportunity
9393 62for a follow-up discussion.
9494 63 Districts shall provide coverage for instruction or student support when the educator is
9595 64meeting the responsibilities outlined in this section. In determining which universal reading
9696 65screeners to include on the Massachusetts Early Literacy Universal Screening Assessment list,
9797 66the department shall also consider the following factors: (a) the time required to conduct the
9898 67screening, with the intention of minimizing impact on instructional time; (b) the timeliness in
9999 68reporting screening results to teachers, administrators, and parents; (c) the integration of
100100 69assessment and instruction the screener provides, including the ability to provide progress
101101 70monitoring capabilities and a diagnostic tool to support teachers or a progress monitoring team
102102 71with targeted instruction based on student needs. Screening, diagnostic assessment, and progress
103103 72monitoring processes shall be aligned with a multi-tiered system of support procedures, and tools
104104 73should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.
105105 74 Subject to funding, students enrolled in kindergarten shall be screened for characteristics
106106 75of dyslexia. The screening of students using an approved dyslexia screener must include, as
107107 76developmentally appropriate, all of the following: (i) phonological and phonemic awareness; (ii)
108108 77sound symbol recognition; (iii) alphabet knowledge; (iv) decoding skills; (v) rapid naming skills;
109109 78(vi) encoding skills; and (vii) oral reading fluency. Parents shall be notified of the results of such
110110 79screening in a similar manner as provided in section 2 herein. Dyslexia screening shall occur 5 of 12
111111 80after the 100th school day and before the last day scheduled in the district of said students
112112 81enrolled in kindergarten. In districts that are determined by the department to require assistance
113113 82or intervention, children who are not enrolled in kindergarten but would be eligible for such
114114 83enrollment shall be provided such dyslexia screening at the request of a parent or guardian.
115115 84 Districts shall comply with the recommendations set forth in the department’s guidelines
116116 85promulgated under Ch 71 § 57A; and further; any student enrolled in a district in first or second
117117 86grade shall, at the request of a parent or guardian, receive age-appropriate dyslexia screening at
118118 87no cost to them. Approved dyslexia screening tools shall be vetted and approved by the
119119 88department in a similar manner as provided for literacy screeners in section 2 (a) herein.
120120 89Approved dyslexia screening tools must include, as developmentally appropriate, all of the
121121 90following: (a) Phonological and phonemic awareness; (b) Sound symbol recognition; (c)
122122 91Alphabet knowledge; (d) Decoding skills; (e) Rapid naming skills; (f) Encoding skills; and (g)
123123 92Oral reading fluency. The department shall promulgate guidance to families and districts
124124 93recommending best practices when the results of a dyslexia screening suggest further response.
125125 94 The department shall include with its list of aligned universal reading screeners, literacy
126126 95intervention approaches, and Dyslexia Screeners an explanation of how these screeners and
127127 96interventions were selected, including consultation with national expert organizations and the
128128 97evidence base as demonstrated by the National Center on Intensive Intervention ("the Center") or
129129 98similarly validated research.
130130 99 The department shall provide professional learning on reading screening and literacy
131131 100intervention approaches at no cost to schools and districts which shall be provided during the
132132 101contractual day. 6 of 12
133133 102 In the event that a school or district adopts any reading screener, literacy intervention
134134 103approach, or Dyslexia Screener that is not listed as fully meeting expectations, the cost of such
135135 104assessment shall not count toward district net school spending expenditures.  In addition, the
136136 105district shall submit to the Center a written explanation, approved by the school committee,
137137 106stating the reason said the assessment was selected. 
138138 107 SECTION 3: (a)(1) The department, through the Center, shall establish and maintain a
139139 108list of evidence-based, reading instruction curricula for grades kindergarten through 3 in public
140140 109school entities. A curriculum on this list must:
141141 110 a. align with Evidence-Based Early Literacy & Science-based reading research, including
142142 111explicit and systematic instruction in phonological awareness, the alphabetic principle, decoding,
143143 112fluency, vocabulary, comprehension, and building content knowledge;
144144 113 b. include a logical scope and sequence that is sequential, systematic, and cumulative;
145145 114and
146146 115 c. include or support the use of high-quality instructional materials.
147147 116 (2) The department shall maintain the following on the department website:
148148 117 a. The current list of curricula under paragraph (a)(1) of this section; and
149149 118 b. The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1)
150150 119of this section.
151151 120 (3)(a)The department shall provide a process through which public school entities can
152152 121submit an application for department approval of an alternative curriculum that meets the
153153 122requirements under paragraph (a)(2)b of this section. 7 of 12
154154 123 (b) The department shall add curricula approved under paragraph (a)(3)a of this section to
155155 124the list under paragraph (a)(2) a of this section.
156156 125 (c) If a public school entity serves students in one or more of the grades kindergarten
157157 126through 3, the public school entity must do all of the following before the beginning of the 2025-
158158 1272026 school year:
159159 128 (1) For students in grades kindergarten through 3, adopt a reading instruction curriculum
160160 129from the list under subsection (a) of this section. 
161161 130 (2) Approve competency-based professional development for educators providing
162162 131reading instruction. This professional development must be completed during the contractual day
163163 132and must be high-quality professional learning aligned with the essential components of
164164 133evidence-based reading instruction, including professional learning associated with the
165165 134curriculum adopted under this section.
166166 135 (3) Identify an individual responsible for assisting each school with the implementation
167167 136of the curricula adopted under paragraph (c)(1) of this section.
168168 137 (4) Demonstrate that all educators responsible for reading instruction or coaching have
169169 138completed approved professional development under paragraph (c)(2) of this section, including
170170 139all educators identified or certified as any of the following: 
171171 140 a. Elementary teacher.
172172 141 b. School reading specialist.
173173 142 c. Reading interventionist. 8 of 12
174174 143 d. Special education teacher of students with disabilities.
175175 144 e. The individual identified, under paragraph (c)(3) of this section.
176176 145 f. Literacy coach.
177177 146 g. Building-level principal and/or school administrator.
178178 147 (5)  In the event that a school or district adopts a screening assessment that is not listed as
179179 148fully meeting expectations, the cost of such assessment shall not count toward district net school
180180 149spending expenditures.  In addition, the district shall submit to the Center a written explanation,
181181 150approved by the school committee, stating the reason the assessment was selected. 
182182 151 SECTION 4: (a) Any student in kindergarten or grades 1-3 who exhibits a deficiency in
183183 152reading at any time and any fourth-grade student identified as having reading deficiencies shall
184184 153receive an individual reading improvement plan no later than 30 days after the identification of
185185 154the reading deficiency. The reading improvement plan shall be created by the teacher, principal,
186186 155other pertinent school personnel, and the parent(s), and shall describe the research-based reading
187187 156intervention services the student will receive to remedy the reading deficit. Each student must
188188 157receive intensive reading intervention until the student no longer has a deficiency in reading.
189189 158 (b) Districts shall offer a reading intervention program to each K-3 student who exhibits a
190190 159reading deficiency to ensure students can read at or above grade level by the end of grade 3. The
191191 160reading intervention program shall be provided in addition to core reading instruction that is
192192 161provided to all students in the general education classroom. The reading intervention program
193193 162shall:  9 of 12
194194 163 (1) Be provided to all K-3 students identified with a reading deficiency as determined by
195195 164the department-approved assessment system administered within the first thirty (30) days of
196196 165school; 
197197 166 (2) Provide explicit and systematic instruction in phonological awareness, phonics,
198198 167fluency, vocabulary, and comprehension, as applicable; 
199199 168 (3) Monitor the reading progress of each student’s reading skills throughout the school
200200 169year and adjust instruction according to student needs; and 
201201 170 (4) Be implemented during regular school hours.
202202 171 (c) The department shall convene a panel of stakeholders to identify and list literacy
203203 172intervention approaches that are aligned with the essential components of evidence-based
204204 173reading instruction and Science-based reading research. The initial lists must be published
205205 174within eighteen months of this act.
206206 175 SECTION 5: (a)(1) Beginning in 2024, each district shall report annually to the
207207 176department, on or before October 31, the following:
208208 177 a. The number and percentage of students, disaggregated by grade and by individual
209209 178school, identified with a potential reading deficiency, including characteristics of dyslexia,
210210 179pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention
211211 180approaches being provided. 
212212 181 b. The curricula adopted under this article. 10 of 12
213213 182 c. The individuals identified under Section 3 (b)(4)  of this article and each individual’s
214214 183responsibilities for approving and providing professional development required under sections 1
215215 184and 3 of this bill.
216216 185 d. How the school district or charter school will ensure that educators have access to and
217217 186have successfully completed the professional development required under sections 1 and 3 of
218218 187this bill.
219219 188 (b) Beginning December 31, 2024, the department shall produce an annual report that
220220 189provides all of the following:
221221 190 a. The number and percentage of students identified with a potential reading deficiency,
222222 191including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this
223223 192section, and the literacy intervention approaches being provided. Said information, disaggregated
224224 193by grade and by individual school, shall be made available on the department’s website.
225225 194 b. A list of the curricula adopted under subsection (a) of this section and the number of
226226 195schools that have adopted each curriculum listed.
227227 196 c. The number of educators who have received each type of professional development
228228 197provided under paragraph (b)(2) of this section.
229229 198 d. The percentage of the educators required to receive professional development under
230230 199paragraph (b)(4) of this section that have successfully completed that professional development.
231231 200 (c) The department shall send the report required under this subsection to the Senate
232232 201President and the Speaker of the House of Representatives, the members of the House and Senate
233233 202Education Committees, the Governor, and the Board of Elementary and Secondary Education. 11 of 12
234234 203 Section 6. DEFINITIONS.
235235 204 “Evidence-based literacy instruction" means structured instructional practices, including
236236 205sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable,
237237 206trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in
238238 207core or general instruction, supplemental instruction, intervention services, and intensive
239239 208intervention services; (iii) have a demonstrated record of success in adequately increasing
240240 209students' reading competency, vocabulary, oral language, and comprehension and in building
241241 210mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic
242242 211principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in
243243 212order to meet the individual needs of students.
244244 213 "Science-based reading research" means research that (i) applies rigorous, systematic,
245245 214and objective observational or experimental procedures to obtain valid knowledge relevant to
246246 215reading development, reading instruction, and reading and writing difficulties and (ii) explains
247247 216how proficient reading and writing develop, why some children have difficulties developing key
248248 217literacy skills, and how schools can best assess and instruct early literacy, including the use of
249249 218evidence-based literacy instruction practices to promote reading and writing achievement.
250250 219 “Literacy intervention approaches” means evidence-based, specialized reading, writing,
251251 220and spelling instruction that is systematic and explicit and intensified based on the needs of the
252252 221student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller
253253 222groups, increased frequency of instruction, and individualized progression through steps, than
254254 223typical evidence-based reading instruction. 12 of 12
255255 224 “Multi-Tiered Systems of Support (MTSS)”.  A framework for how school districts can
256256 225build the necessary systems to ensure that each and every student receives a high-quality
257257 226educational experience. It is designed to support schools in proactively identifying and
258258 227addressing the strengths and needs of all students by optimizing data-driven decision-making,
259259 228progress monitoring, and the use of evidence-based supports and strategies with increasing
260260 229intensity to sustain student growth.
261261 230 “Evidence-Based Early Literacy." Evidence-based instructional and assessment practices
262262 231that address the multimodal approach that integrates listening, speaking, reading, spelling, and
263263 232writing in the acquisition of oral and written language skills that can be differentiated to meet the
264264 233needs of individual students.  Evidence-Based Early Literacy should align with scientifically
265265 234based reading research standards set forth in  20 USC 6368 (3)(4)(5)(6)(7).
266266 235 “Universal reading screener” means a tool used as part of a multi-tiered system of support
267267 236to determine if a student is at risk for developing reading difficulties and the need for
268268 237intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A
269269 238universal reading screener must do all of the following:
270270 239 a. Measure, at a minimum, phonological awareness, the alphabetic principle, decoding,
271271 240fluency, vocabulary, comprehension, and building content knowledge.
272272 241 b. Identify students who have a potential reading deficiency, including identifying
273273 242students with characteristics of dyslexia.