NY State Senate Bill 2023-S5480A

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2024	print number 5480a
Jan 04, 2024	amend and recommit to education
Jan 03, 2024	referred to education
Mar 06, 2023	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S5480 - Details

See Assembly Version of this Bill:: A2897
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §818, Ed L
Versions Introduced in 2025-2026 Legislative Session:: S7454, A78

2023-S5480 - Summary

Requires school districts to provide instructional programming and services in reading and literacy which are evidence based and aligned with state standards; requires teachers in grades pre-K through five to attend professional development courses in reading education.

2023-S5480 - Sponsor Memo

                                 
BILL NUMBER: S5480

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the education law, in relation to early literacy educa-
tion

 
PURPOSE:

This bill is intended to improve literacy education in New York state by
requiring school districts throughout the state to provide literacy
programming and services for students in grades K through 5 the efficacy
of which is based on scientific evidence and peer reviewed studies. It
further requires the New York State Education Department (SED) to
provide guidance to school districts on such curricula and prohibits SED
from approving literacy curricula that are based on the practice known
as "three-cueing."

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 stipulates that this act shall be known as "the right to read

act."

Section 2 amends the education law to require local school districts to
provide literacy programming and services for students in grades K
through 5 the efficacy of which is based on scientific evidence and peer
reviewed studies. It also requires all teachers of grades K to 5 to
successfully complete fifty hours of state approved training in curric-
ula consistent with a state approved list published by the SED on its
website. This list cannot include programming or materials that employ
the "three-cueing" model of reading. This section also sets forth the
minimum standards for state approved programming and teacher training
programs for literacy education.

 
JUSTIFICATION:

There is broad consensus among cognitive scientists and reading experts
about how to teach early literacy in a manner that will benefit most
students. That process emphasizes the following key areas of reading:
phonics, phonemic awareness, vocabulary development, reading fluency,
including oral skills, and reading comprehension.

However, New York State's reading test results in 2019, the last year
before the COVID 19 pandemic, indicate that less than half, approximate-
ly 45%, of 3rd through 8th graders statewide were proficient in reading.
For New York City the figure was slightly higher at 47 % while for
Buffalo and Rochester it was much lower at 25% and 13% respectively.

Many schools throughout the state continue to use a balanced literacy /
whole language approach to teacher literacy, which has not been proven
to be effective and is especially detrimental for those students with
dyslexia and other phonemic awareness issues.  Unfortunately, New York
ranks near the bottom nationally in evidence-based teaching training.

Since 2019, at least 26 states have passed laws promoting curricula
and/or teacher training based on the science of reading. States such as
Connecticut and Colorado have undertaken thorough overalls of their
approach to teaching literacy, with significant state engagement with
and oversight of local districts. This legislation will promote the
adoption and successful implementation of evidence-based literacy
programming throughout the state in grades K through 5.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law.

2023-S5480 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5480
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to early literacy  educa-
   tion
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the  "right  to
 read act".
   §  2. The education law is amended by adding a new section 817 to read
 as follows:
   § 817. EARLY LITERACY EDUCATION. 1. EACH SCHOOL DISTRICT SHALL PROVIDE
 STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE  PROGRAMMING  AND  SERVICES
 NECESSARY  TO  ENSURE  TO THE GREATEST EXTENT POSSIBLE THAT STUDENTS, AS
 THEY PROGRESS THROUGH KINDERGARTEN, FIRST, SECOND,  THIRD,  FOURTH,  AND
 FIFTH  GRADES  DEVELOP  THE  NECESSARY  READING SKILLS TO ENABLE THEM TO
 MASTER THE ACADEMIC STANDARDS AND EXPECTATIONS APPLICABLE TO  THE  SIXTH
 GRADE  CURRICULUM AND BEYOND. THE INSTRUCTIONAL PROGRAMMING AND SERVICES
 FOR TEACHING STUDENTS TO READ MUST BE EVIDENCE-BASED  AND  SCIENTIFICAL-
 LY-BASED  AND  MUST FOCUS ON READING COMPETENCY IN THE AREAS OF PHONEMIC
 AWARENESS, PHONICS, VOCABULARY DEVELOPMENT, READING  FLUENCY,  INCLUDING
 ORAL SKILLS, AND READING COMPREHENSION.
   2.  EVERY  SCHOOL  DISTRICT SHALL ENSURE THAT EACH TEACHER EMPLOYED TO
 TEACH KINDERGARTEN, FIRST,  SECOND,  THIRD,  FOURTH,  AND  FIFTH  GRADES
 SUCCESSFULLY  COMPLETES  OR  HAS  SUCCESSFULLY  COMPLETED FIFTY HOURS OF
 EVIDENCE-BASED OR SCIENTIFICALLY-BASED TRAINING IN  READING  INSTRUCTION
 IN  ACCORDANCE  WITH  SUBDIVISION  FIVE  OF  THIS  SECTION.  EACH SCHOOL
 DISTRICT SHALL SUBMIT DOCUMENTATION  TO  THE  DEPARTMENT  THAT  TEACHERS
 SUBJECT  TO  THIS SECTION HAVE COMPLETED THE REQUIRED TRAINING HOURS AND
 HAVE PASSED AN ASSESSMENT AS DESIGNED BY THE DEPARTMENT.
   3. THE DEPARTMENT SHALL  DEVELOP  A  LIST  OF  APPROVED  INSTRUCTIONAL
 PROGRAMMING AND SUPPORTING MATERIALS, INCLUDING SOFTWARE, IN READING AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01977-02-3

 S. 5480                             2
 
 LITERACY  WHICH ARE EVIDENCE-BASED, OR SCIENTIFICALLY-BASED ACCORDING TO
 PEER REVIEWED STUDIES. SUCH LIST SHALL BE POSTED ON  THE    DEPARTMENT'S
 WEBSITE  AND SHALL AT A MINIMUM BE UPDATED ANNUALLY. SUCH LIST SHALL NOT
 INCLUDE  INSTRUCTIONAL  PROGRAMMING   OR   MATERIALS THAT   EMPLOY   THE
 THREE-CUEING MODEL OF READING BASED ON MEANING,  STRUCTURE  AND  SYNTAX,
 AND VISUAL CUES, WHICH IS ALSO KNOWN AS "MSV".
   4. APPROVED PROGRAMMING SHALL, AT A MINIMUM:
   (A) HAVE BEEN PROVEN TO ACCELERATE STUDENT PROGRESS IN ATTAINING READ-
 ING COMPETENCY ACCORDING TO PEER REVIEWED STUDIES;
   (B)  PROVIDE EXPLICIT AND SYSTEMATIC SKILL DEVELOPMENT IN THE AREAS OF
 PHONEMIC AWARENESS, PHONICS, VOCABULARY  DEVELOPMENT,  READING  FLUENCY,
 INCLUDING ORAL SKILLS, AND READING COMPREHENSION;
   (C)  BE  EVIDENCE-BASED  OR  SCIENTIFICALLY-BASED  ACCORDING  TO  PEER
 REVIEWED STUDIES AND BE ALIGNED WITH THE  PRESCHOOL  THROUGH  ELEMENTARY
 AND SECONDARY EDUCATION STANDARDS FOR READING ADOPTED BY THE DEPARTMENT;
   (D)  INCLUDE  EVIDENCE-BASED  OR SCIENTIFICALLY-BASED RELIABLE ASSESS-
 MENTS;
   (E) PROVIDE INITIAL AND ONGOING ANALYSIS OF THE STUDENT'S PROGRESS  IN
 ATTAINING READING COMPETENCY; AND
   (F) INCLUDE TEXTS ON CORE ACADEMIC CONTENT TO ASSIST STUDENTS IN MAIN-
 TAINING  OR  MEETING  GRADE-APPROPRIATE  PROFICIENCY  LEVELS IN ACADEMIC
 SUBJECTS IN ADDITION TO READING.
   5. THE DEPARTMENT SHALL DEVELOP A LIST OF APPROVED PROFESSIONAL DEVEL-
 OPMENT PROGRAMS THAT ARE RELATED TO ADDRESSING SIGNIFICANT READING DEFI-
 CIENCIES AND TO APPLYING INTERVENTION  INSTRUCTION  AND  STRATEGIES,  IN
 ADDITION  TO PROGRAMS RELATED TO TEACHING GENERAL LITERACY.  THE DEPART-
 MENT  SHALL  INCLUDE  ON  THE  APPROVED  LIST  PROFESSIONAL  DEVELOPMENT
 PROGRAMS  THAT  ARE  AVAILABLE  ONLINE. THIS LIST SHALL BE POSTED ON THE
 DEPARTMENT'S WEBSITE AND SHALL AT A MINIMUM  BE  UPDATED  ANNUALLY.  THE
 DEPARTMENT  SHALL  ENSURE  THAT  EACH  PROFESSIONAL  DEVELOPMENT PROGRAM
 INCLUDED ON THIS LIST:
   (A) IS FOCUSED ON OR ALIGNS WITH THE  SCIENCE  OF  READING,  INCLUDING
 TEACHING  IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVEL-
 OPMENT, READING FLUENCY, INCLUDING ORAL SKILLS, AND  READING  COMPREHEN-
 SION; AND
   (B)  INCLUDES  RIGOROUS  EVALUATIONS OF LEARNING THROUGHOUT AND AT THE
 END OF THE COURSE A PERSON TAKING THE COURSE MUST PASS  TO  SUCCESSFULLY
 COMPLETE THE COURSE.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.

co-Sponsors

2023-S5480A (ACTIVE) - Details

See Assembly Version of this Bill:: A2897
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §818, Ed L
Versions Introduced in 2025-2026 Legislative Session:: S7454, A78

2023-S5480A (ACTIVE) - Summary

2023-S5480A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5480A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the education law, in relation to early literacy educa-
tion

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is intended to improve literacy education in New York state by
requiring school districts throughout the state to provide literacy
programming and services for students in grades pre-K through 5 the
efficacy of which is based on scientific evidence and peer reviewed
studies. It further requires the New York State Education Department
(SED) to provide guidance and support to school districts on such
curricula and prohibits SED from approving literacy curricula that are
based on the practice known as "three-cueing."

 
SUMMARY OF PROVISIONS:

Section 1 stipulates that this act shall be known as "the right to read

act."

Section 2 amends the education law by adding a new section with the
following provisions: local school districts throughout the state are
required to provide literacy programming and services for students in
grades pre-K through 5 the efficacy of which is based on scientific
evidence and peer reviewed studies; elementary school teachers are
required to receive training or demonstrate that they have received
training on teaching literacy using evidence-based instruction; the
State Education Department (SED) shall provide grants to hire literacy
coaches trained in the science of reading in high needs districts; SED
shall develop a list of approved evidence-based literacy curricula to be
published on its website and updated annually - this list cannot include
programming or materials that employ the "three-cueing" model of read-
ing; SED shall develop a competitive grant program to assist districts
in adopting evidence-based curricula; SED shall develop a list of
approved professional development programs consistent with the SED
approved literacy curriculum; school districts shall regularly update
families on their child's literacy progress; and, SED shall submit an
annual progress report to the legislature.

Section 3 sets the effective date as "immediately."

 
JUSTIFICATION:

There is broad consensus among cognitive scientists and reading experts
about how to teach early literacy in a manner that will benefit most
students. That process emphasizes the following key areas of reading:
phonics, phonemic awareness, vocabulary development, reading fluency,
including oral skills, and reading comprehension. However, New York is
only one of five states that has not yet enacted any laws related to the
science of reading. States such as Connecticut and Colorado have under-
taken thorough overhauls of their approach to teaching literacy, with
significant state engagement with and oversight of local districts.

New York State's reading test results in 2019, the last year before the
COVID 19 pandemic, indicate that less than half, approximately 45%, of
3rd through 8th graders statewide were proficient in reading. For New
York City the figure was slightly higher at 47% while for Buffalo and
Rochester it was much lower at 25% and 13% respectively. According to
the 2022 National Assessment of Educational Progress (NAEP) New York
ranks 37th in the country on fourth grade reading scores. Many schools
throughout the state continue to use a balanced literacy / whole
language approach to teacher literacy, which has not been proven to be
effective and is especially detrimental for those students with dyslexia
and other phonemic awareness issues.

This legislation will promote the adoption and successful implementation
of evidence-based literacy programming in New York State in grades pre-K
through five.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S5480A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5480--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, GALLIVAN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion  --  recommitted to the Committee on Education in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the education law, in relation to early literacy educa-
   tion
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "right to
 read act".
   § 2. The education law is amended by adding a new section 818 to  read
 as follows:
   § 818. EARLY LITERACY EDUCATION.  1. FOR PURPOSES OF THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EVIDENCE-BASED" MEANS THE INSTRUCTION OR ITEM DESCRIBED IS BASED
 ON RIGOROUS, RELIABLE, TRUSTWORTHY AND VALID SCIENTIFIC EVIDENCE AND HAS
 DEMONSTRATED A RECORD OF SUCCESS IN ADDRESSING STUDENTS' READING  COMPE-
 TENCY  IN  THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP-
 MENT, READING FLUENCY AND COMPREHENSION, INCLUDING BACKGROUND  KNOWLEDGE
 ORAL LANGUAGE AND WRITING.
   (B)  "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (C) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS.
 "VOCABULARY DEVELOPMENT" INCLUDES IMPROVING ALL AREAS OF  COMMUNICATION,
 INCLUDING  LISTENING,  SPEAKING,  READING  AND WRITING WHICH IS DIRECTLY
 RELATED TO SCHOOL ACHIEVEMENT AND IS  A  STRONG  PREDICTOR  FOR  READING
 SUCCESS.
   (D)  "READING  FLUENCY"  MEANS  THE ABILITY TO READ WORDS, PHRASES AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (E) "READING COMPREHENSION"  MEANS  A  FUNCTION  OF  WORD  RECOGNITION
 SKILLS AND LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFI-
 CIENT  BACKGROUND  INFORMATION AND VOCABULARY IN ORDER FOR THE READER TO
 UNDERSTAND THE WORDS IN FRONT  OF  THEM.  "READING  COMPREHENSION"  ALSO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01977-06-3
 S. 5480--A                          2
 
 INCLUDES  THE  ACTIVE  PROCESS THAT REQUIRES INTENTIONAL THINKING DURING
 WHICH MEANING IS CONSTRUCTED THROUGH INTERACTIONS BETWEEN THE  TEXT  AND
 READER.  COMPREHENSION  SKILLS  ARE  TAUGHT EXPLICITLY BY DEMONSTRATING,
 EXPLAINING,  MODELING  AND IMPLEMENTING SPECIFIC COGNITIVE STRATEGIES TO
 HELP BEGINNING READERS DERIVE MEANING THROUGH INTENTIONAL, PROBLEM-SOLV-
 ING THINKING PROCESSES.
   (F) "THREE-CUEING", OR "MEANING STRUCTURE VISUAL" (MSV) MEANS A METHOD
 THAT TEACHES STUDENTS TO USE MEANING, STRUCTURE AND SYNTAX,  AND  VISUAL
 CUES WHEN ATTEMPTING TO READ AN UNKNOWN WORD.
   (G)  "CULTURAL RESPONSIVENESS" MEANS ALIGNMENT WITH THE NEW YORK STATE
 CULTURALLY-RESPONSIVE SUSTAINING EDUCATION (CRSE) FRAMEWORK.
   (H)  "CULTURALLY-RESPONSIVE  SUSTAINING  EDUCATION  (CRSE)  FRAMEWORK"
 MEANS  A FRAMEWORK THAT HELPS EDUCATORS CREATE STUDENT-CENTERED LEARNING
 ENVIRONMENTS THAT: AFFIRM RACIAL, LINGUISTIC  AND  CULTURAL  IDENTITIES;
 PREPARE  STUDENTS  FOR RIGOR AND INDEPENDENT LEARNING, DEVELOP STUDENTS'
 ABILITIES TO CONNECT ACROSS LINES OF  DIFFERENCE;  ELEVATE  HISTORICALLY
 MARGINALIZED VOICES; AND EMPOWER STUDENTS AS AGENTS OF SOCIAL CHANGE.
   2. EACH SCHOOL DISTRICT SHALL PROVIDE ALL STUDENTS IN PRE-KINDERGARTEN
 THROUGH  FIFTH GRADE PROGRAMMING AND SERVICES NECESSARY TO ENSURE TO THE
 GREATEST EXTENT POSSIBLE THAT STUDENTS, AS THEY  PROGRESS  THROUGH  PRE-
 KINDERGARTEN,  FIRST, SECOND, THIRD, FOURTH AND FIFTH GRADES DEVELOP THE
 NECESSARY FOUNDATIONAL READING SKILLS  TO  ENABLE  THEM  TO  MASTER  THE
 ACADEMIC  STANDARDS  AND  EXPECTATIONS  APPLICABLE  TO  THE  SIXTH GRADE
 CURRICULUM AND BEYOND. THE INSTRUCTIONAL PROGRAMMING  AND  SERVICES  FOR
 TEACHING  STUDENTS  TO  READ  MUST BE EVIDENCE-BASED AND SCIENTIFICALLY-
 BASED, MUST FOCUS ON READING COMPETENCY IN THE AREAS OF PHONEMIC  AWARE-
 NESS,  PHONICS,  VOCABULARY DEVELOPMENT, READING FLUENCY, COMPREHENSION,
 INCLUDING BACKGROUND KNOWLEDGE, ORAL LANGUAGE AND  WRITING,  ORAL  SKILL
 DEVELOPMENT,  AND MUST ALIGN WITH CRSE FRAMEWORK. DISTRICTS SHALL ENSURE
 THAT ALL EARLY LITERACY PROGRAMMING AND SERVICES ARE PART OF AN  ALIGNED
 AND COHERENT PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN GRADES
 PRE-KINDERGARTEN THROUGH FIVE.
   3.  EVERY  SCHOOL  DISTRICT SHALL ENSURE THAT ALL TEACHERS EMPLOYED TO
 TEACH PRE-KINDERGARTEN, KINDERGARTEN, FIRST, SECOND, THIRD,  FOURTH  AND
 FIFTH  GRADES,  INCLUDING  TEACHERS  WITH MULTIPLE SUBJECT AND EDUCATION
 SPECIALIST TEACHING CREDENTIALS, POSSESS ADEQUATE CAPABILITIES TO  TEACH
 LITERACY  USING  EVIDENCE-BASED  INSTRUCTION.  TEACHERS  EMPLOYED  BY  A
 DISTRICT BEFORE OR ON THE EFFECTIVE DATE OF THIS SECTION MAY  MEET  THIS
 REQUIREMENT  BY  PRESENTING  EVIDENCE  OF  THEIR  PROFICIENCY IN READING
 INSTRUCTION THROUGH COMPLETION OF PROFESSIONAL LEARNING COURSES  INCLUD-
 ING,  BUT  NOT LIMITED TO, EVIDENCE-BASED MEANS OF TEACHING FOUNDATIONAL
 READING SKILLS IN PRINT CONCEPTS, PHONOLOGICAL  AWARENESS,  PHONICS  AND
 WORD  RECOGNITION,  COMPREHENSION AND SUPPORTING READING FLUENCY FOR ALL
 PUPILS, INCLUDING ESTABLISHING TIERED SUPPORTS FOR STUDENTS WITH READING
 DIFFICULTIES  INCLUDING  THOSE  WITH  CHARACTERISTICS  OF  DYSLEXIA  AND
 DYSGRAPHIA, ENGLISH LEARNERS AND STUDENTS WITH EXCEPTIONAL NEEDS. TEACH-
 ERS  EMPLOYED  BY  A  DISTRICT  AFTER THE EFFECTIVE DATE OF THIS SECTION
 SHALL MEET THIS REQUIREMENT BY SUCCESSFULLY COMPLETING AT LEAST  THIRTY-
 FIVE  HOURS OF EVIDENCE-BASED TRAINING IN READING INSTRUCTION IN ACCORD-
 ANCE WITH SUBDIVISION SEVEN OF THIS SECTION.  ALTERNATIVELY, CURRENT AND
 FUTURE EDUCATORS CAN PROVIDE EVIDENCE  THAT  THEIR  TEACHER  PREPARATION
 PROGRAM  ADEQUATELY COVERED ALL OF THESE TOPICS DURING THEIR ENROLLMENT.
 TO THE EXTENT POSSIBLE, SCHOOL LEADERS OF ELEMENTARY SCHOOLS SHOULD ALSO
 MEET THE REQUIREMENTS OF THIS SECTION.
   4.  THE  DEPARTMENT  SHALL  PROVIDE  GRANTS  TO  BOCES  AND/OR  SCHOOL
 DISTRICTS  TO  HIRE  ONSITE  LITERACY  COACHES TRAINED IN THE SCIENCE OF
 S. 5480--A                          3
 
 READING, FOCUSING ON HIGH NEED  DISTRICTS  WITH  AT  LEAST  SEVENTY-FIVE
 PERCENT  OF  THIRD  GRADERS  READING  BELOW PROFICIENCY BASED ON THE TWO
 THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE NEW  YORK  STATE  ENGLISH
 LANGUAGE ARTS ASSESSMENT.
   5.  THE  DEPARTMENT  SHALL  DEVELOP A LIST OF APPROVED, EVIDENCE-BASED
 CURRICULA THAT MEETS THE DEFINITION SET FORTH IN PARAGRAPH (A) OF SUBDI-
 VISION ONE OF THIS SECTION. SUCH LIST SHALL BE  POSTED  ON  THE  DEPART-
 MENT'S  WEBSITE  AND  SHALL  AT A MINIMUM BE UPDATED ANNUALLY. SUCH LIST
 SHALL NOT INCLUDE INSTRUCTIONAL PROGRAMMING  OR  MATERIALS  THAT  EMPLOY
 THREE-CUEING OR MEANING STRUCTURE VISUAL (MSV). APPROVED CURRICULA SHALL
 AT A MINIMUM:
   (A) HAVE BEEN PROVEN TO ACCELERATE STUDENT PROGRESS IN ATTAINING READ-
 ING COMPETENCY;
   (B)  PROVIDE EXPLICIT AND SYSTEMATIC SKILL DEVELOPMENT IN THE AREAS OF
 PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOPMENT,  COMPREHENSION  AND
 READING FLUENCY, INCLUDING ORAL SKILL DEVELOPMENT;
   (C)  BE  EVIDENCE-BASED  AND  BE  ALIGNED  WITH  THE PRESCHOOL THROUGH
 ELEMENTARY AND SECONDARY EDUCATION STANDARDS FOR READING ADOPTED BY  THE
 DEPARTMENT;
   (D) INCLUDE EVIDENCE-BASED VALID AND RELIABLE ASSESSMENTS THAT PROVIDE
 INITIAL  AND ONGOING ANALYSIS OF A STUDENT'S PROGRESS IN ATTAINING READ-
 ING COMPETENCY AT LEAST THREE TIMES PER YEAR, BEGINNING IN KINDERGARTEN;
 AND
   (E) INCLUDE TEXTS ON CORE ACADEMIC CONTENT TO ASSIST STUDENTS IN MAIN-
 TAINING OR MEETING  GRADE-APPROPRIATE  PROFICIENCY  LEVELS  IN  ACADEMIC
 SUBJECTS  IN  ADDITION  TO  READING,  WHILE  ENSURING ALIGNMENT WITH THE
 STATE'S CRSE FRAMEWORK.
   6. THE DEPARTMENT SHALL  DEVELOP  A  COMPETITIVE  GRANT  PROGRAM  THAT
 ALLOWS  DISTRICTS TO REPLACE NON-EVIDENCE-BASED CURRICULA WITH CURRICULA
 FROM THE APPROVED DEPARTMENT LIST  OF  EVIDENCE-BASED  CURRICULA.  FUNDS
 FROM  THIS GRANT MAY BE USED TO PROVIDE PROFESSIONAL LEARNING FOR EDUCA-
 TORS TO EFFECTIVELY IMPLEMENT THE NEW EVIDENCE-BASED CURRICULA.
   7. (A) THE DEPARTMENT SHALL DEVELOP A LIST  OF  APPROVED  PROFESSIONAL
 DEVELOPMENT  PROGRAMS  THAT ARE EVIDENCE-BASED AND PROVIDE OPPORTUNITIES
 FOR PRACTICAL APPLICATION OF EVIDENCE-BASED LITERACY INSTRUCTION IN  THE
 CLASSROOM.  PROGRAMS SHOULD ADDRESS SIGNIFICANT READING DEFICIENCIES AND
 APPLY INTERVENTION STRATEGIES FOR STRUGGLING STUDENTS INCLUDING STUDENTS
 WITH CHARACTERISTICS OF DYSLEXIA AND DYSGRAPHIA, IN ADDITION TO TEACHING
 GENERAL,  EVIDENCE-BASED  LITERACY  INSTRUCTIONAL  APPROACHES  FOR   ALL
 STUDENTS. THE DEPARTMENT SHALL INCLUDE ON SUCH LIST THE APPROVED PROFES-
 SIONAL  DEVELOPMENT  PROGRAMS THAT ARE AVAILABLE ONLINE. SUCH LIST SHALL
 BE POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL AT A MINIMUM BE  UPDATED
 ANNUALLY. THE DEPARTMENT SHALL ENSURE THAT EACH PROFESSIONAL DEVELOPMENT
 PROGRAM INCLUDED ON SUCH LIST:
   (I)  IS  FOCUSED  ON  OR  ALIGNS  WITH  THE SCIENCE OF READING, AND IS
 COMPREHENSIVE AND RESEARCH-BASED, INCLUDING THE FOLLOWING:
   (1) THE STUDY OF  ORGANIZED,  SYSTEMATIC,  EXPLICIT  SKILLS  INCLUDING
 PHONEMIC  AWARENESS,  DIRECT, SYSTEMATIC, EXPLICIT PHONICS, AND DECODING
 STRATEGIES;
   (2) A STRONG LITERATURE, LANGUAGE AND COMPREHENSION  COMPONENT  ENCOM-
 PASSING BOTH ORAL AND WRITTEN LANGUAGE;
   (3) ONGOING SCREENING TECHNIQUES TO INFORM TEACHING;
   (4) EARLY INTERVENTION MEASURES; AND
   (5) GUIDED PRACTICE IN A CLINICAL SETTING;
 S. 5480--A                          4
 
   (II)  INCLUDES RIGOROUS EVALUATIONS OF LEARNING BOTH THROUGHOUT AND AT
 THE CONCLUSION OF THE COURSE, WHICH A PARTICIPANT MUST PASS TO  SUCCESS-
 FULLY COMPLETE THE COURSE; AND
   (III)  ALIGNS WITH THE APPROVED INSTRUCTIONAL PROGRAMMING PUBLISHED IN
 ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION.
   (B) FOR PURPOSES OF THIS SUBDIVISION,  "DIRECT,  SYSTEMATIC,  EXPLICIT
 PHONICS"   MEANS  PHONEMIC  AWARENESS,  SPELLING  PATTERNS,  THE  DIRECT
 INSTRUCTION OF SOUND/SYMBOL CODES AND PRACTICE IN  CONNECTED  TEXT,  AND
 THE RELATIONSHIP OF DIRECT, SYSTEMATIC, EXPLICIT PHONICS.
   8.  (A)  EVERY  SCHOOL  DISTRICT, AT LEAST THREE TIMES PER YEAR, SHALL
 GIVE THE PARENT OR GUARDIAN OF EACH STUDENT IN PRE-KINDERGARTEN  THROUGH
 GRADE FIVE A PROGRESS REPORT ABOUT SUCH STUDENT'S LITERACY PROGRESS. FOR
 PRE-KINDERGARTEN  STUDENTS,  SUCH  REPORT SHALL INCLUDE AN ASSESSMENT OF
 COGNITIVE ABILITIES, INCLUDING EXECUTIVE FUNCTION, AND  SOCIAL-EMOTIONAL
 LEARNING.  FOR  KINDERGARTEN  THROUGH  GRADE  FIVE, SUCH PROGRESS REPORT
 SHALL INCLUDE INFORMATION ABOUT THE FOLLOWING:
   (I) THE STUDENT'S READING PROFICIENCY AS MEASURED BY DISTRICT  READING
 ASSESSMENTS AND SCREENERS;
   (II)  INFORMATION  ABOUT  THE  LITERACY PROGRAMMING AND SERVICES BEING
 PROVIDED TO THE STUDENT, INCLUDING CURRICULUM; AND
   (III) LIST OF EVIDENCE-BASED HOME AND COMMUNITY RESOURCES  THAT  FAMI-
 LIES  AND  CAREGIVERS  CAN  USE  TO  SUPPORT  THEIR  CHILD'S READING AND
 LANGUAGE DEVELOPMENT.
   (B) THE DEPARTMENT  SHALL  DEVELOP  A  PROGRESS  REPORT  TEMPLATE  FOR
 DISTRICTS  TO  MEET THE REQUIREMENTS SET FORTH PURSUANT TO THIS SUBDIVI-
 SION.
   9. (A) TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION  AND  ON
 AN  ANNUAL  BASIS  THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO
 THE  LEGISLATIVE  COMMITTEES  WITH  JURISDICTION  OVER  PRE-KINDERGARTEN
 THROUGH  GRADE  TWELVE  EDUCATION  SUMMARIZING,  AT MINIMUM, THE STATE'S
 PERFORMANCE ON EACH OF THE FOLLOWING METRICS:
   (I) STUDENTS' LITERACY AND  READING  PROGRESSION  USING  STATE  GROWTH
 MEASURES.  THE COMMISSIONER SHALL ANALYZE THE STATE'S PROGRESS IN REGARD
 TO STUDENTS' READING AND LITERACY USING THE STATE'S EDUCATIONAL  ASSESS-
 MENT  SYSTEM.  THE SYSTEM SHALL MEASURE INDIVIDUAL STUDENTS' EDUCATIONAL
 GROWTH IN THE AREA OF READING BASED ON INDICATORS OF CURRENT ACHIEVEMENT
 GROWTH, AND EACH INDIVIDUAL STUDENT'S GROWTH MUST BE SHOWN  RELATIVE  TO
 THE  STUDENT'S  PRIOR  ACHIEVEMENT.  INDICATORS OF ACHIEVEMENT AND PRIOR
 ACHIEVEMENT SHALL BE BASED ON HIGHLY RELIABLE STATEWIDE ASSESSMENTS. THE
 COMMISSIONER SHALL INCLUDE AGGREGATED DATA AND DISAGGREGATED DATA  SHOW-
 ING EDUCATIONAL GROWTH BY SCHOOL SITE, GRADE AND RACE/ETHNICITY;
   (II)  BY SCHOOL SITE AND GRADE, THE PERCENTAGE OF TEACHERS REQUIRED TO
 POSSESS CAPABILITIES IN RESEARCH-BASED LITERACY INSTRUCTION AS SPECIFIED
 UNDER SUBDIVISION THREE OF THIS SECTION THAT HAVE SUCCESSFULLY COMPLETED
 TRAINING OR OTHERWISE DEMONSTRATED KNOWLEDGE IN EVIDENCE-BASED  LITERACY
 INSTRUCTION;
   (III) BY SCHOOL SITE AND GRADE, THE NAMES OF THE APPROVED PROFESSIONAL
 DEVELOPMENT  PROGRAMS  IN  ACCORDANCE  WITH  SUBDIVISION  SEVEN  OF THIS
 SECTION USED BY TEACHERS; AND
   (IV) BY SCHOOL SITE AND GRADE, THE NAMES OF THE APPROVED INSTRUCTIONAL
 PROGRAMMING AND SUPPORTING MATERIALS AS SPECIFIED UNDER SUBDIVISION FIVE
 OF THIS SECTION THAT WERE USED AT THE BEGINNING AND END  OF  THE  SCHOOL
 YEAR.
   (B)  THE DEPARTMENT SHALL PUBLISH THIS INFORMATION ON ITS WEBSITE IN A
 CLEAR AND ACCESSIBLE FORMAT.
   § 3. This act shall take effect immediately.

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Senate Bill S5480A

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Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Education Committee

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Patrick M. Gallivan

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