PRIOR PRINTER'S NOS. 898, 1359
PRINTER'S NO. 1710
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
801
Session of
2023
INTRODUCED BY AUMENT, A. WILLIAMS, PENNYCUICK, BARTOLOTTA,
COSTA, SCHWANK, HAYWOOD, BREWSTER, LAUGHLIN, MILLER, VOGEL
AND SAVAL, JUNE 15, 2023
AS AMENDED ON THIRD CONSIDERATION, JUNE 10, 2024
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in certification of teachers, further
providing for teacher support in the structured literacy
program; and providing for evidence-based reading
instruction.
Section 1. Section 1205.8(a), (b), (c) and (g) of the act of
March 10, 1949 (P.L.30, No.14), known as the Public School Code
of 1949, added July 8, 2022 (P.L.620, No.55), are amended AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION to read:
Section 1205.8. [Teacher] Educator Support in the Structured
Literacy Program.--(a) (1) It is the intent of the General
Assembly that [teachers] educators be equipped to facilitate
high-quality reading instruction grounded in structured literacy
and intervention services to address student reading needs.
(2) The program provided in this section will assist
[participating] school entities in providing professional
development for [teachers] educators in foundational skills and
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instructional interventions based on structured literacy and
providing opportunities for school personnel to serve as reading
coaches to support [teachers] educators in delivering high-
quality reading instruction.
(b) (1) Beginning with the 2022-2023 school year, the
department shall establish a program of professional development
and applied practice in structured literacy for school personnel
that includes in-class demonstration, modeling and coaching
support to improve reading and literacy outcomes.
(2) School personnel selected by the [participating] school
entity to serve as professional coaches for this program must
have at least [five] THREE years of experience in teaching of
reading and be able to demonstrate their skills in the
instruction of and intervention with students, including those
with dyslexia and other language-related disabilities.
(3) The department may contract with multiple service
providers, including school entities and institutions of higher
education with demonstrated experience in structured literacy,
to develop and implement the program so that experienced support
is available locally.
(4) A service provider, including a school entity or
approved educator preparation program that demonstrates
successful implementation of literacy outcomes, is eligible to
provide professional development and onsite demonstration and
coaching support in the program.
(5) A [participating] school entity shall adopt high-quality
instructional materials grounded in [scientific-based reading
research] evidence-based reading instruction in accordance with
the State academic standards approved by the State Board of
Education.
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(c) (1) The continuing professional education plan of each
school entity shall satisfy the continuing education
requirements of 22 Pa. Code ยง 49.17 (relating to continuing
professional education), including training in structured
literacy for professional employes who hold instructional
certificates in early childhood, elementary-middle level,
Special Education-PK-12, English as a second language and
reading specialist. To ensure that school personnel have the
knowledge and skill to teach all students to read, including
students with dyslexia and other language-based learning
disabilities, training shall address, but shall not be limited
to:
(i) Evidence-based intervention practices on structured
literacy.
(ii) Explicit and systematic instruction in phonological and
phonemic awareness.
(iii) The alphabetic principle, decoding and encoding,
fluency and vocabulary.
(iv) Reading comprehension and building content knowledge.
(2) School employes required to undergo continuing
professional education under section 1205.1, 1205.2 or 1205.5
shall receive credit toward the school employe's continuing
professional education requirements [if the training program has
been approved by the department].
* * *
(F.1) INSTRUCTORS FOR EDUCATOR PREPARATION PROGRAMS IN THIS
COMMONWEALTH, WHO TEACH READING AND LITERACY EDUCATION PROGRAMS
TO PROSPECTIVE EDUCATORS, SHALL BE TRAINED IN FOUNDATIONAL
SKILLS AND INSTRUCTIONAL INTERVENTIONS BASED ON STRUCTURED
LITERACY.
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(g) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Approved educator preparation program." A sequence of
courses and experiences offered by a preparing institution or
alternative provider that is reviewed and approved by the
department.
"Chief school administrator." The superintendent of a school
district, executive director of an intermediate unit,
administrative director of an area career and technical school
or chief executive officer of a charter school, cyber charter
school or regional charter school.
"Department." The Department of Education of the
Commonwealth.
"Educator." As defined in section 1501-N.
"Evidence-based reading instruction." As defined in section
1501-N.
["Participating school entity." A school entity that elects
to take part in the Structured Literacy Program.]
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school or regional charter school.
"Structured literacy." Systemic, explicit instruction that:
(1) provides a strong core of foundational skills in the
language systems of English;
(2) integrates listening, speaking, reading, spelling and
writing; and
(3) emphasizes the structure of language across the speech
sound system, the writing system, the structure of sentences,
the meaningful parts of words, the relationship among words and
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the organization of spoken and written discourse.
Section 2. The act is amended by adding an article to read:
ARTICLE XV-N
EVIDENCE-BASED READING INSTRUCTION
Section 1501-N. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Contractual school day." The length of an educator's
scheduled work day . IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
AGREEMENT NEGOTIATED BETWEEN THE SCHOOL ENTITY AND AN EMPLOYEE
ORGANIZATION UNDER THE ACT OF JULY 23, 1970 (P.L.563, NO.195),
KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT.
"Core curriculum." The curriculum for English language arts
that is adopted for tier 1 instruction to all students.
"Council." The reading leadership council required to be
established by the department under section 1502-N(a)(5).
"Criterion-referenced tool." An assessment tool that
measures a student's knowledge or skills against a predetermined
standard, learning goal, performance level or other specific
criterion, including grade-level expectations based on national
standards from data from a universal screening system.
"Curriculum-based tool." An assessment tool that measures a
student's progress through the curriculum and whether that
process is adequate.
"DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
COMMONWEALTH.
"Educator." An individual who has completed approved
professional development under section 1205.8 and is responsible
for providing or supervising reading instruction, intervention
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or coaching, including an elementary teacher, school reading
specialist, reading interventionist, ENGLISH AS A SECOND
LANGUAGE TEACHER, special education teacher, literacy coach,
principal or chief school administrator.
"EMPLOYEE ORGANIZATION." THE TERM SHALL HAVE THE SAME
MEANING AS "EMPLOYE ORGANIZATION" UNDER SECTION 1101-A.
"Evidence-based reading instruction." A program of
structured literacy instruction, for students in kindergarten
through grade three, that is aligned with the science of
reading, including explicit and systematic instruction in
phonemic awareness, the alphabetic principle, decoding,
encoding, fluency, vocabulary, comprehension and building
content knowledge. The instruction may not include strategies
for teaching students to read based on meaning, structure and
syntax and visual cues, which may also be known as MSV. THREE-
CUEING, WHICH IS ANY MODEL OF TEACHING STUDENTS TO READ BASED ON
MEANING, STRUCTURE AND SYNTAX AND VISUAL CUES, WHICH MAY ALSO BE
KNOWN AS MSV.
"Literacy intervention approaches." Evidence-based, skills-
based specialized reading, writing and spelling instruction that
is systematic and explicit and intensified based on the needs of
the student.
"Norm-referenced tool." An assessment tool that measures a
student's knowledge or skills to the knowledge or skills of the
national norm group.
"Parent." An individual who has legal custody or
guardianship of a student.
"School entity." A school district, intermediate unit, area
career and technical school, charter school, cyber charter
school or regional charter school.
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"Science of reading." Evidence-based instructional and
assessment practices that address the multimodal approach that
integrates listening, speaking, reading, spelling and writing in
the acquisition of oral and written language skills that can be
differentiated to meet the needs of individual students. A VAST
INTERDISCIPLINARY BODY OF SCIENTIFICALLY BASED RESEARCH THAT:
(1) REQUIRES THE EXPLICIT, SYSTEMATIC INCLUSION OF THE
FOLLOWING ESSENTIAL COMPONENTS:
(I) PHONEMIC AWARENESS.
(II) PHONICS.
(III) FLUENCY.
(IV) VOCABULARY.
(V) COMPREHENSION.
(2) IS SUPPORTED BY EVIDENCE THAT INFORMS:
(I) HOW PROFICIENT READING AND WRITING DEVELOP.
(II) WHY SOME STUDENTS HAVE DIFFICULTY WITH READING
AND WRITING.
(III) HOW TO EFFECTIVELY ASSESS AND TEACH READING
AND WRITING TO IMPROVE OUTCOMES FOR ALL STUDENTS.
(3) HAS A DEMONSTRATED RECORD OF SUCCESS AND, WHEN
IMPLEMENTED, LEADS TO INCREASED STUDENT COMPETENCY IN THE
AREAS OF:
(I) PHONEMIC AWARENESS.
(II) PHONICS.
(III) READING FLUENCY.
(IV) VOCABULARY DEVELOPMENT.
(V) ORAL LANGUAGE SKILLS.
(VI) READING COMPREHENSION.
(VII) WRITING AND SPELLING.
"Structured literacy." The term shall have the same meaning
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as provided in section 1205.8.
"Universal reading screener." An assessment tool that meets
all of the following:
(1) Is used as part of a support system, for example, a
multitiered system of support, to do all of the following:
(i) Determine:
(A) if a student is at risk for developing
reading difficulties; and
(B) the need for intervention.
(ii) Evaluate the effectiveness of core curriculum
as an outcome measure.
(2) Does all of the following:
(i) Measures phonemic awareness, understanding of
the alphabetic principle, decoding and encoding skills,
fluency, vocabulary and comprehension .
(ii) Identifies students who have a potential
reading deficiency, including identifying students with
characteristics of dyslexia.
(iii) Measures students' reading knowledge and
skills against national norms.
Section 1502-N. Evidence-based reading instruction curriculum.
(a) Department duties.--
(1) The department shall develop a process for a vendor
to submit an evidenced-based reading instruction curriculum
for review by the department, in consultation with the
council, for inclusion on the list developed and maintained
under paragraph (2).
(2) By December 1, 2024, the department shall develop
and maintain a list of evidence-based reading instruction
curricula for use in school entities. A curriculum on this
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list must meet all of the following requirements:
(i) Be aligned with the Commonwealth's academic
standards and the science of reading.
(ii) Include a logical scope and sequence for
implementing curriculum that is systematic and
cumulative.
(3) The department shall maintain all of the following
on the department's publicly accessible Internet website:
(i) The current list of curricula under paragraph
(2).
(ii)
The criteria and rubrics used to identify high-quality
curriculum under paragraph (2) and to approve universal
reading screeners under section 1503-N(d)(1). The criteria
and rubrics must be developed in consultation with the
council.
(4) The department shall provide a process through which
a school entity can submit an application for additional
curriculum that meets the requirements under paragraph (2)
for inclusion on the list developed and maintained by the
department under paragraph (2).
(5) The department shall establish a reading leadership
council that shall advise the department on the development
and maintenance of the list of reading instruction curricula
required under paragraph (2), A LIST OF STRUCTURED LITERACY
PROFESSIONAL DEVELOPMENT TRAINING PROGRAMS THAT SUCCESSFULLY
MEET THE ESSENTIAL CONTENT REQUIREMENTS IN SECTION 1205.8(C)
(1), the list of universal reading screeners and the list of
structured literacy intervention approaches required under
section 1503- N(d)(1). The following shall apply:
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(i) The council shall have 20 members appointed by
the department who have expertise in structured literacy
and shall include public school elementary school staff,
including the following:
(A) Primary classroom teachers in kindergarten
through third grade.
(B) Reading specialists.
(C) Literacy coaches.
(D) Elementary special education teachers.
(E) A learning support employee with experience
working with subgroups as defined in the Every
Student Succeeds Act (Public Law 114-95, 129 Stat.
1802).
(ii) Membership on the council shall reflect
geographic representation of school districts, including
diversity of district types, including rural, urban and
suburban.
(iii) The council shall meet at least once every two
months at dates and times determined by the department.
MEETINGS OF THE COUNCIL SHALL BE HELD IN ACCORDANCE WITH
65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS).
(iv) In performing its work, the council may consult
with other professionals and nonprofit organizations with
expertise in structured literacy.
(V) THE COUNCIL'S FINAL RECOMMENDATIONS SHALL BE
PUBLISHED ON THE DEPARTMENT'S PUBLICLY ACCESSIBLE
INTERNET WEBSITE AND SUBMITTED TO EACH OF THE RECIPIENTS
LISTED UNDER SECTION 1509-N(D).
(6) This subsection shall expire five years from the
effective date of this paragraph.
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(b) School entity duties.-- A school entity shall do all of
the following beginning with the 2025-2026 school year:
(1) Adopt an evidence-based reading instruction
curriculum.
(2) Approve a professional development program as
required under TRAINING PROGRAM FROM A LIST DEVELOPED BY THE
COUNCIL THAT WILL SATISFY THE REQUIREMENTS UNDER section
1205.8(c) for educators providing reading instruction.
(3) Identify an educator responsible for assisting each
school with the implementation of the curriculum adopted
under paragraph (1).
(4) Demonstrate that each educator responsible for
providing reading instruction or coaching is in the process
of completing approved professional development under
paragraph (2). An educator must complete approved
professional development TRAINING under paragraph (2) no
later than the beginning of the 2027-2028 school year.
Section 1503-N. Reading screening.
(a) Duty.--Beginning July 1, 2025 , a school entity shall
screen each student enrolled in kindergarten through third grade
for reading competency three times each school year, once at the
beginning of the school year, once during the middle of the
school year and once at the end of the school year. In
conducting the screening, the school entity shall use a
universal reading screener chosen from the list of approved
universal reading screeners under subsection (d).
(b) Time and coverage.--
A school entity shall provide educators time during the
contractual school day to complete data entry and compilation
associated with the screener, to communicate with families
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and carry out any other responsibility required under this
section. Nothing in this article shall be construed to
supersede or preempt the rights, remedies and procedures
afforded to school employees or labor organizations under
Federal or State law or any provision of a collective
bargaining agreement negotiated between a school employer and
an exclusive representative of the employees in accordance
with the act of July 23, 1970 (P.L.563, No.195), known as the
Public Employe Relations Act .
(c) Exception.-- An exception is provided to the screening
required under subsection (a) for the following students:
(1) A student receiving special education services for
whom the assessment would conflict with the individualized
education program .
(2) A student receiving services under a plan pursuant
to 29 U.S.C. ยง 794 (relating to nondiscrimination under
Federal grants and programs) for whom the assessment would
conflict with 29 U.S.C. ยง 794. STUDENTS WITH LIMITED ENGLISH
PROFICIENCY, STUDENTS WITH DISABILITIES AND GIFTED STUDENTS
ARE SUBJECT TO THE REQUIREMENTS OF THIS SECTION EXCEPT IF THE
ASSESSMENT WOULD CONFLICT WITH THE EDUCATIONAL PROGRAM, PLAN
OR SERVICE AGREEMENT PROVIDED IN ACCORDANCE WITH FEDERAL OR
STATE LAW AND REGULATION.
(d) List of screeners.--
(1) The department, in consultation with the council,
shall develop, maintain and publish on the department's
publicly accessible Internet website a list of universal
reading screeners and a list of structured literacy
intervention approaches that are aligned with the essential
components of evidence-based reading instruction, including
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phonemic awareness, decoding, encoding, fluency, vocabulary
and comprehension. Initial publication of the lists must
occur by December 1, 2024 .
(2) In determining which universal reading screeners to
include on the list, the department shall consider the
following factors:
(i) The time required to conduct the screening, with
the intention of minimizing impact on instructional time.
(ii) The timeliness in reporting screening results
to teachers, administrators and parents.
(iii) The integration of assessment and instruction
FEEDBACK the screener provides, including the ability to
provide progress monitoring capabilities and a diagnostic
tool to support teachers or a progress monitoring team
with targeted instruction based on student needs.
(3) The department shall provide professional
development on reading screening and literacy intervention
approaches at no cost to the educator which shall be provided
during the contractual school day. TO A SCHOOL ENTITY OR AN
EDUCATOR. THE PROFESSIONAL DEVELOPMENT SHALL BE PROVIDED
DURING THE CONTRACTUAL DAY, INCLUSIVE OF IN-SERVICE DAYS AND
OTHER DESIGNATED PROFESSIONAL DEVELOPMENT DAYS AS PROVIDED
FOR IN THE SCHOOL ENTITY'S COLLECTIVE BARGAINING AGREEMENT.
IF INSUFFICIENT PROFESSIONAL DEVELOPMENT DAYS ARE AVAILABLE,
THE PROFESSIONAL DEVELOPMENT SHALL BE PROVIDED THROUGH A
SEPARATE AGREEMENT BETWEEN A SCHOOL ENTITY AND AN EMPLOYEE
ORGANIZATION AT NO COST TO THE SCHOOL ENTITY OR THE EDUCATOR.
Section 1504-N. Reading deficiency and identification.
(a) Student.--A student in kindergarten through grade three
shall be identified as having a reading deficiency if an
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approved universal reading screener administered under section
1503-N identifies the student at risk for reading failure .
(b) Reading deficiency.--A student who is identified as
having a reading deficiency under this section shall remain
identified as having a reading deficiency until the student
performs at or above an identified threshold level using at
least three data points, which may include results on a
universal reading screener, the educator's professional judgment
on a student's performance, progress monitoring outcomes,
diagnostic assessments, benchmark assessments and formative or
summative assessments.
(c) Construction.--Nothing under this article shall prohibit
a school entity from identifying a student in another grade
level as being in need of reading interventions .
Section 1505-N. School entity duties and reading intervention
plan.
(a) School entity.--A school entity shall offer a reading
intervention plan to each student in kindergarten through grade
three who is identified as having a reading deficiency under
section 1504-N with the goal of ensuring that the student can
read at or above grade level by the end of grade three.
(b) Development.--The reading intervention plan shall be
developed by an educator .
(c) Plan.--The reading intervention plan shall , at a
minimum, include reading intervention approaches and be provided
in addition to what is provided to each student in the general
education classroom and evidence-based instruction curriculum.
Section 1506-N. Parent notification.
Each parent of a kindergarten through third grade student who
exhibits a deficiency in reading during the school year must be
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notified in writing or by electronic communication
after the identification of the reading deficiency ,
including periodic updates three times per year regarding the
student's progress.
THE FOLLOWING SHALL APPLY:
(1) EACH PARENT OF A KINDERGARTEN STUDENT WHO EXHIBITS A
DEFICIENCY IN READING IN THE THIRD SCREENING AT THE END OF
THE SCHOOL YEAR MUST BE NOTIFIED IN WRITING OR BY ELECTRONIC
COMMUNICATION.
(2) EACH PARENT OF A FIRST THROUGH THIRD GRADE STUDENT
WHO EXHIBITS A DEFICIENCY IN READING DURING THE SCHOOL YEAR
MUST BE NOTIFIED IN WRITING OR BY ELECTRONIC COMMUNICATION
AFTER THE IDENTIFICATION OF THE READING DEFICIENCY, INCLUDING
PERIODIC UPDATES THREE TIMES PER YEAR REGARDING THE STUDENT'S
PROGRESS.
Section 1507-N. Grants to school entities.
(a) Establishment.--The department shall establish a grant
program to aid school entities with initial costs associated
with training and other resources necessary to implement this
article. The total amount of grants awarded shall be limited to
funds appropriated for this purpose under section 1508-N.
(b) Application.--The department shall develop an
application form that school entities shall use to apply for a
grant under the program. Grant applications shall be submitted
in accordance with guidelines developed by the department.
Section 1508-N. Funding.
The department shall use the following funding to award
grants to school entities and administer the program:
(1) Appropriations made by the General Assembly for the
purposes of this article.
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(2) Funding appropriated to the department for general
government operations.
(3) Funding from other public and private sources,
including the Federal Government.
Section 1509-N. Reporting.
(a) School entity report.--Beginning October 31, 2025 , and
each October 31 thereafter, each school entity shall report
annually to the department the following:
(1) The number and percentage of students, disaggregated
by grade and by individual school, identified with a
potential reading deficiency , including characteristics of
dyslexia, at the beginning of the school year pursuant to the
first screening of the school year required under section
1503-N and the literacy intervention approaches being
provided.
(2) The number and percentage of students, disaggregated
by grade and by individual school, identified with a
potential reading deficiency , including characteristics of
dyslexia, at the end of the school year pursuant to the final
screening of the school year required under section 1503-N.
(3) THE NUMBER OF STUDENTS, DISAGGREGATED BY GRADE AND
BY INDIVIDUAL SCHOOL, EXCEPTED FROM THE ASSESSMENT UNDER
SECTION 1503-N(C).
(3) (4) The evidence-based reading instruction curricula
adopted by each school entity under this article.
(4) (5) The number of educators in the school entity who
have received professional development under section 1502-
N(b)(2) and the type of professional development received.
(b) Department report.--Beginning December 31, 2025 , and
each December 31 thereafter, the department shall produce an
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annual report that provides
the information reported to the department under
subsection (a).
(c) Report data.--Data included in the report shall be de-
identified and comply with the Family Educational Rights and
Privacy Act of 1974 (Public Law 90-247, 20 U.S.C. ยง 1232g).
(d) Recipients.--The department shall publish the report
required under this section on the department's publicly
accessible Internet website and submit the report to each of the
following:
(1) Governor.
(2) State Board of Education.
(3) President pro tempore of the Senate.
(4) Speaker of the House of Representatives.
(5) The chairperson and minority chairperson of the
Education Committee of the Senate.
(6) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
Section 3. This act shall take effect in 90 days.
20230SB0801PN1710 - 17 -
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