Bill Text: NY A08315 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes certain statewide literacy education programs including standards for an early education program, statewide parents as teachers program, a reading program to provide direct support for and intervention in intensive reading intervention services, and the district reading intervention program.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced) 2024-01-03 - referred to education [A08315 Detail]
Download: New_York-2023-A08315-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8315 2023-2024 Regular Sessions IN ASSEMBLY November 27, 2023 ___________ Introduced by M. of A. JENSEN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to establishing certain statewide literacy education programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 305 of the education law is amended by adding 4 new 2 subdivisions 61, 62, 63, and 64 to read as follows: 3 61. The commissioner shall establish standards for an early education 4 program to be provided by a school district to children in the district 5 aged four and five years old. Such program shall include: 6 (a) standards for a locally designed, evidence-based program that 7 meets Head Start 1 Program Performance Standards and other federal stan- 8 dards required for early education programs to receive federal funding; 9 (b) a requirement that a teacher in charge of a program hold a valid 10 teaching certificate from the state of New York; and either 11 (i) have satisfactorily completed a minimum of six credit hours in 12 early childhood education or complete the minimum credit hours within 13 two years of the date the teacher's employment with the early education 14 program begins; or 15 (ii) have two or more years of experience teaching kindergarten or 16 another early education program and have completed additional coursework 17 related to reading instruction, as required by the department; 18 (c) developmentally appropriate objectives for children four and five 19 years of age; 20 (d) accommodations for the needs of all early education children and 21 their families regardless of socioeconomic circumstances; and 22 (e) standards for day in session requirements appropriate for children 23 four and five years of age. 24 62. (a) The commissioner shall design and implement a statewide 25 parents as teachers program for the benefit of children who are under EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13621-01-3A. 8315 2 1 five years of age. The program shall provide a system of early childhood 2 education that: 3 (i) is evidence-based; 4 (ii) involves parents; 5 (iii) is consistent with available research and best practices for 6 high quality early childhood education; 7 (iv) incorporates guidelines adopted by the department for early 8 learning that: 9 (A) enhance school readiness; 10 (B) increase parent understanding of child development and develop- 11 mental milestones; 12 (C) increase identification of health problems and developmental 13 delays through regular screenings; and 14 (D) increase parental involvement; and 15 (v) provides for effective and efficient coordination with or expan- 16 sion of early education programs operating in the state, to the extent 17 permitted by law. 18 (b) A school district shall, to the extent space is needed and avail- 19 able, provide for the use of a room in a school at no charge to support 20 the program established under this subdivision. The department shall 21 develop and enter into local partnerships to implement the program 22 established under this subdivision. 23 63. (a) The commissioner shall establish a reading program to provide 24 direct support for and intervention in intensive reading intervention 25 services annually in the lowest-performing twenty-five percent of 26 schools serving students in kindergarten through grade three as deter- 27 mined by the commissioner. The commissioner shall determine how many 28 schools may be adequately served by the department's reading specialists 29 and select schools from the lowest performing twenty-five percent of 30 schools to participate in the reading program. A school participating in 31 the reading program that remains in the lowest-performing twenty-five 32 percent of schools may apply to participate in the reading program again 33 in the following school year. Such programs shall: 34 (i) use academic and reading performance data to identify low perform- 35 ing schools; 36 (ii) establish an application process for school districts to apply to 37 participate in the program; 38 (iii) select low performing schools from the schools that apply to 39 participate in the program; 40 (iv) employ and assign reading specialists to direct the implementa- 41 tion of the intensive reading intervention services established under 42 section eight hundred eighteen of this title by: 43 (A) modeling effective instructional strategies for teachers by work- 44 ing regularly with students as a class, in small groups, or individual- 45 ly; 46 (B) coaching and mentoring teachers and staff in reading instruction 47 with an emphasis on prioritizing time in a manner that has the greatest 48 positive effects on student achievement; 49 (C) training teachers in data analysis and using data to differentiate 50 instruction; 51 (D) leading and supporting reading leadership teams; and 52 (E) reporting on school and student performance to the department; 53 (v) establish a reporting process for each reading specialist to 54 submit updates to the department on implementation of the program; 55 (vi) work with reading specialists to create specific improvement 56 goals for each school selected, including measures of interim progress;A. 8315 3 1 (vii) select and purchase additional reading material for each school 2 selected to supplement the intensive reading intervention services; 3 (viii) pay travel and associated costs for a reading specialist to 4 attend relevant training sessions identified by or hosted by the depart- 5 ment; and 6 (ix) periodically review staff development programs for their effec- 7 tiveness in developing reading skills and, after consultation with 8 school districts and experts, recommend to the board for approval staff 9 development programs that: 10 (A) have been proven to assess and accelerate student progress toward 11 reaching reading competency; 12 (B) provide explicit and systematic skill development in the areas of 13 phonemic awareness, phonics, vocabulary development, reading fluency, 14 oral language skills, and reading comprehension; 15 (C) are evidence-based and reliable; 16 (D) provide initial and ongoing analysis of student progress toward 17 reaching reading competency; and 18 (E) include texts on core academic content to assist students in main- 19 taining or meeting grade-appropriate proficiency in academic subjects in 20 addition to reading. 21 (b) A school selected to participate in the reading program estab- 22 lished under this subdivision shall: 23 (i) ensure that a reading specialist assigned to the school is not 24 required to perform functions that divert from the duties the department 25 has assigned to the reading specialist; 26 (ii) coordinate with the reading specialist or specialists to redesign 27 the school's daily schedule to dedicate time to reading program activ- 28 ities, including intensive reading intervention services identified in a 29 written agreement between the school and the department; 30 (iii) present on the reading program established under this section 31 and the intensive reading intervention services established under 32 section eight hundred eighteen of this title at a public meeting with a 33 presentation including: 34 (A) the data the department used to identify the school as eligible 35 for the reading program; 36 (B) a detailed overview of the reading program and intensive reading 37 intervention services; 38 (C) a timeline for implementing the intensive reading intervention 39 services and meeting reading improvement goals; and 40 (D) the implications of the program for students, families, and educa- 41 tors; 42 (iv) provide notice of the public meeting required under subparagraph 43 (iii) of this paragraph to the parent or guardian of each student at 44 least seven days before the date of the meeting; 45 (v) present an annual update on the school's implementation of the 46 reading program and intensive reading intervention services at a public 47 meeting with notice provided to the parent or guardian of each student 48 at least seven days before the date of the meeting; and 49 (vi) create partnerships between the school, the families of students, 50 and the community that focus on promoting reading and increasing the 51 amount of time that students spend reading. 52 (c) The department may employ a person as a reading specialist under 53 this subdivision if the person: 54 (i) holds a valid teacher certificate from the state of New York; 55 (ii) has completed an approved graduate program at an approved insti- 56 tution of higher education; and either:A. 8315 4 1 (A) has completed a supervised practicum or internship as a reading 2 specialist; or 3 (B) has at least three years of full-time, demonstrated classroom 4 teaching experience where reading instruction was a primary responsibil- 5 ity; and 6 (iii) is knowledgeable about and demonstrates competency in reading 7 instruction, including: 8 (A) an understanding of phonemic awareness, phonics, vocabulary devel- 9 opment, reading fluency, oral language skills, and reading comprehen- 10 sion; 11 (B) knowledge of and experience in implementing effective reading 12 instruction strategies and intervention methods; 13 (C) experience in designing and implementing a school-wide response to 14 an intervention program or multi-tiered system support model; 15 (D) an understanding of and experience in reading screenings and data 16 analyses that inform instruction; 17 (E) knowledge of dyslexia and other learning disorders that affect 18 reading achievement; and 19 (F) knowledge of and an ability to effectively articulate the methods, 20 issues, and resources involved in support of student instruction to a 21 wide variety of audiences, including staff, parents, and students whose 22 primary language is other than English. 23 64. The commissioner, to implement the district reading intervention 24 services established under section eight hundred eighteen of this title, 25 shall: 26 (a) adopt a statewide screening tool to administer to students in 27 kindergarten through grade three to identify students with reading defi- 28 ciencies, including students with characteristics of dyslexia; the 29 screening tool must evaluate: 30 (i) phonemic awareness, letter naming fluency, letter sound fluency, 31 and letter word sound fluency of students in kindergarten; 32 (ii) letter word sound fluency and oral reading fluency of students in 33 grade one; and 34 (iii) vocabulary and oral reading fluency of students in grades two 35 and three; 36 (b) support teachers of kindergarten through grade three by: 37 (i) administering the statewide screening tool three times each school 38 year, once in the fall, once in the winter, and once in the spring, to 39 all students in kindergarten through grade three, with the exception of 40 students who demonstrate sufficient reading skills on the first screen- 41 ing of the school year; 42 (ii) providing methods to monitor student progress; 43 (iii) providing targeted instruction based on student needs as deter- 44 mined by the results of the screening tool; and 45 (iv) providing additional assistance as determined by the department; 46 (c) provide training to school district staff related to using the 47 results of the statewide screening tool and understanding evidence-based 48 reading interventions, including explicit and systematic instruction in 49 phonemic awareness, phonics, vocabulary development, reading fluency, 50 oral language skills, and reading comprehension; 51 (d) require that districts identify the early education programs 52 attended by students and report to the department the average score on 53 each performance screening tool by students in grades kindergarten 54 through three who: 55 (i) attended a state-approved early education program; 56 (ii) attended a head start program;A. 8315 5 1 (iii) attended a private early education program; and 2 (iv) did not attend an early education program; 3 (e) establish a process that allows the commissioner to waive, upon 4 request, use of the statewide screening tool required under this 5 subsection by a school district if the school district has adopted an 6 evidence-based reading screening tool and the screening tool is approved 7 by the department; and 8 (f) review, approve, and assist districts developing alternative 9 standardized reading screening tools in any language for use by school 10 districts. 11 § 2. The education law is amended by adding a new section 818 to read 12 as follows: 13 § 818. District reading intervention program. 1. (a) Each school 14 district shall offer intensive reading intervention services to students 15 in kindergarten through grade three who exhibit a reading deficiency to 16 assist students in achieving reading proficiency at or above grade level 17 by the end of grade three. The district shall provide such intensive 18 reading intervention services in addition to the core reading instruc- 19 tion that is provided to all students in the general education class- 20 room. The intensive reading intervention services shall: 21 (i) be provided by a district reading teacher, or paraprofessional 22 under the supervision of a reading teacher, to all students in grades 23 kindergarten through three who are determined to have a reading defi- 24 ciency based on the statewide screening tool adopted under subdivision 25 sixty-four of section three hundred five of this title; 26 (ii) provide explicit and systematic instruction in phonemic aware- 27 ness, phonics, vocabulary development, reading fluency, oral language 28 skills, and reading comprehension, as necessary; 29 (iii) use evidence-based reading intervention methods that have shown 30 proven results in accelerating student reading achievement; 31 (iv) include instruction with detailed explanations, extensive oppor- 32 tunities for guided practice, and opportunities for error correction and 33 feedback; 34 (v) incorporate daily targeted small group reading instruction based 35 on student needs; 36 (vi) monitor the reading progress of each student's reading skills 37 throughout the school year and adjust instruction according to student 38 needs; 39 (vii) be implemented during regular school hours through any available 40 method, including in person or through online delivery by teachers or 41 specialty reading coaches; 42 (viii) be reviewed based on a department-approved response to inter- 43 vention or multi-tiered system support models, addressing additional 44 support and services needed to remedy identified needs; and 45 (ix) support reading intervention at home by parents or guardians by 46 offering a list of adult literacy resources and organizations, providing 47 opportunities for parent or guardian participation in training work- 48 shops, and encouraging regular parent or guardian-guided home reading 49 activities. 50 (b) In addition to the reading intervention services provided under 51 paragraph (a) of this subdivision, a school district shall provide an 52 individual reading improvement plan for each student in kindergarten 53 through grade three who is determined to have a reading deficiency based 54 on the statewide screening tool. An individual reading improvement plan 55 developed under this section must:A. 8315 6 1 (i) be implemented not later than thirty days after identification of 2 the reading deficiency; 3 (ii) be created by the student's reading teacher in consultation with 4 the school principal, the student's parent or guardian, and other perti- 5 nent district staff; 6 (iii) describe the evidence-based reading intervention services the 7 student will receive to achieve and demonstrate sufficient reading 8 skills; 9 (iv) include a process for monitoring progress and adjusting the plan 10 based on student needs; and 11 (v) provide to the student's parent or guardian at least ten reading 12 progress updates each school year. 13 2. A student in grade three shall demonstrate sufficient reading 14 skills to progress to grade four. If it is determined, based on a state- 15 wide screening administered in the spring, that a student in grade three 16 has a reading deficiency, and the student does not demonstrate suffi- 17 cient reading skills to progress to grade four, the student's teacher 18 and other pertinent district staff shall notify and attempt to meet with 19 the student's parent or guardian no later than forty-five days before 20 the end of the school year to explain that the student is not prepared 21 to progress to grade four. Following such meeting, the parent or guardi- 22 an may decide that the student will not progress to grade four or decide 23 to progress the student to grade four by signing a waiver developed by 24 the department acknowledging that the student is not prepared and agree- 25 ing that the student will participate in an additional twenty hours of 26 individual reading improvement plan intervention services during the 27 summer before the student enters grade four. If no parent or guardian 28 attends the meeting or if the parent or guardian does not determine 29 whether the student will progress to the next grade, the superintendent 30 or the superintendent's designee shall, after considering the student's 31 best interests and whether the student has previously not progressed to 32 the next grade, determine whether the student will progress to grade 33 four. If a superintendent or superintendent's designee decides that a 34 student in kindergarten through grade three will not progress to the 35 next grade, the district or school in which the student is enrolled 36 shall provide immediate oral and written notification to the student's 37 parent or guardian. Upon such notification, the student's parent or 38 guardian retains the right to progress the student to grade four by 39 signing a waiver developed by the department acknowledging that the 40 student is not prepared and agreeing that the student will participate 41 in an additional twenty hours of individual reading improvement plan 42 intervention services during the summer before the student enters grade 43 four. 44 § 3. This act shall take effect on the first of July next succeeding 45 the date on which it shall have become a law. Effective immediately, the 46 addition, amendment and/or repeal of any rule or regulation necessary 47 for the implementation of this act on its effective date are authorized 48 to be made and completed on or before such effective date.
