Pennsylvania Act 2024-135 — PUBLIC SCHOOL CODE OF 1949 - TEACHER SUPPORT IN THE STRUCTURED LITERACY PROGRAM, EVIDENCE-BASED READING INSTRUCTION AND APPLICABILITY OF OTHER PROVISIONS OF THIS ACT AND OF OTHER ACTS AND REGULATIONS

Act text

Session of 2024

No. 2024-135

SB 801

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; providing for evidence-based reading instruction; and, in charter schools, further providing for applicability of other provisions of this act and of other acts and regulations.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 1205.8 heading, (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, 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 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] 2024-2025 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] service provider 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.

(c) (1) The continuing professional education plan of each school entity shall satisfy the continuing education requirements of 22 Pa. Code § 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].

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(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.

(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 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.

"Council." The reading leadership council required to be established by the department under section 1502-N(a)(5).

"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 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 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.

"School entity." A school district, intermediate unit, area career and technical school, charter school, cyber charter school or regional charter school.

"Science of reading." 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 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 evidence-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 June 1, 2025, the department shall develop and maintain a list of evidence-based reading instruction curricula that meets the following requirements:

(i) The curricula shall be aligned with the Commonwealth's academic standards and the science of reading.

(ii) The curricula shall 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 subsection (b). 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 that meets the requirements 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 that meets the requirements under subsection (b). The following shall apply:

(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 the following:

(A) The Governor.

(B) The State Board of Education.

(C) The President pro tempore of the Senate.

(D) The Speaker of the House of Representatives.

(E) The chairperson and minority chairperson of the Education Committee of the Senate.

(F) The chairperson and minority chairperson of the Education Committee of the House of Representatives.

(6) This subsection shall expire five years from the effective date of this paragraph.

(b) 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 phonemic awareness, decoding, encoding, fluency, vocabulary and comprehension. Initial publication of the lists must occur by June 1, 2025.

(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 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 a school entity or an educator. The professional development shall be provided during the contractual school 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 3. Section 1749-A(a)(1) of the act, amended July 11, 2024 (P.L.618, No.55), is reenacted and amended to read:

Section 1749-A. Applicability of other provisions of this act and of other acts and regulations.

(a) General requirements.--Cyber charter schools shall be subject to the following:

(1) [Sections 108, 110, 111, 321, 325, 326, 327, 431, 436, 443, 510, 518, 527, 708, 752, 753, 755, 771, 776, 777, 808, 809, 810, 1109, 1111, 1112(a), 1205.1, 1205.2, 1301, 1302, 1310, 1317.2, 1318, 1326, 1327, 1327.2, 1329, 1330, 1332, 1333, 1333.1, 1333.2, 1333.3, 1341, 1342, 1343, 1344, 1345, 1372(8), 1303-A, 1518, 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-A, 1716.1-A, 1719-A, 1721-A, 1722-A, 1723-A(a) and (b), 1724-A, 1725-A, 1727-A, 1729-A, 1730-A, 1731-A(a)(1) and (b) and 2014-A and Articles XII-A, XIII-A and XIV.]

The following:

(i) Section 108.

(ii) Section 110.

(iii) Section 111.

(iv) Section 321.

(v) Section 325.

(vi) Section 326.

(vii) Section 327.

(viii) Section 431.

(ix) Section 436.

(x) Section 443.

(xi) Section 510.

(xii) Section 518.

(xiii) Section 527.

(xiv) Section 708.

(xv) Section 752.

(xvi) Section 753.

(xvii) Section 755.

(xviii) Section 771.

(xix) Section 776.

(xx) Section 777.

(xxi) Section 808.

(xxii) Section 809.

(xxiii) Section 810.

(xxiv) Section 1109.

(xxv) Section 1111.

(xxvi) Section 1112(a).

(xxvii) Section 1205.1.

(xxviii) Section 1205.2.

(xxix) Section 1301.

(xxx) Section 1302.

(xxxi) Section 1310.

(xxxii) Section 1317.2.

(xxxiii) Section 1318.

(xxxiv) Section 1326.

(xxxv) Section 1327.

(xxxvi) Section 1327.2.

(xxxvii) Section 1329.

(xxxviii) Section 1330.

(xxxix) Section 1332.

(xl) Section 1333.

(xli) Section 1333.1.

(xlii) Section 1333.2.

(xliii) Section 1333.3.

(xliv) Section 1341.

(xlv) Section 1342.

(xlvi) Section 1343.

(xlvii) Section 1344.

(xlviii) Section 1345.

(xlix) Section 1372(8).

(l) Section 1303-A.

(li) Section 1518.

(lii) Section 1521.

(liii) Section 1523.

(liv) Section 1531.

(lv) Section 1547.

(lvi) Section 1702-A.

(lvii) Section 1703-A.

(lviii) Section 1714-A.

(lix) Section 1715-A.

(lx) Section 1716-A.

(lxi) Section 1716.1-A.

(lxii) Section 1719-A.

(lxiii) Section 1721-A.

(lxiv) Section 1722-A.

(lxv) Section 1723-A(a) and (b).

(lxvi) Section 1724-A.

(lxvii) Section 1725-A.

(lxviii) Section 1727-A.

(lxix) Section 1729-A.

(lxx) Section 1730-A.

(lxxi) Section 1731-A(a)(1) and (b).

(lxxii) Section 2014-A.

(lxxiii) Article XII-A.

(lxxiv) Article XIII-A.

(lxxv) Article XIV.

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Section 4. The reenactment and amendment of section 1749-A(a)(1) of the act shall apply retroactively to July 11, 2024.

Section 5. This act shall take effect as follows:

(1) The reenactment and amendment of section 1749-A(a)(1) of the act shall take effect immediately.

(2) Section 4 of this act shall take effect immediately.

(3) This section shall take effect immediately.

(4) The remainder of this act shall take effect in 90 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO