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S09747 Summary:

BILL NOS09747
 
SAME ASNo Same As
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Add §819, amd §3004, Ed L
 
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.
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S09747 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9747
 
                    IN SENATE
 
                                      April 2, 2026
                                       ___________
 
        Introduced  by  Sen.  COONEY -- 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:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "right to read act".
     3    §  2. The education law is amended by adding a new section 819 to read
     4  as follows:
     5    § 819. Early literacy education.  1. For purposes of this section, the
     6  following terms shall have the following meanings:
     7    (a) "Evidence-based" means the instruction or item described is  based
     8  on rigorous, reliable, trustworthy and valid scientific evidence and has
     9  demonstrated  a record of success in addressing students' reading compe-
    10  tency in the areas of phonemic awareness, phonics,  vocabulary  develop-
    11  ment,  reading fluency and comprehension, including background knowledge
    12  oral language and writing.
    13    (b) "Phonemic awareness" means the ability to notice, think about  and
    14  manipulate individual sounds in spoken syllables and words.
    15    (c) "Vocabulary development" means the process of acquiring new words.
    16  "Vocabulary  development" includes improving all areas of communication,
    17  including listening, speaking, reading and  writing  which  is  directly
    18  related  to  school  achievement  and  is a strong predictor for reading
    19  success.
    20    (d) "Reading fluency" means the ability to  read  words,  phrases  and
    21  sentences accurately, at an appropriate speed, and with expression.
    22    (e)  "Reading  comprehension"  means  a  function  of word recognition
    23  skills and language comprehension skills and shall include having suffi-
    24  cient background information and vocabulary in order for the  reader  to
    25  understand  the  words  in  front  of them. "Reading comprehension" also
    26  includes the active process that requires  intentional  thinking  during
    27  which  meaning  is constructed through interactions between the text and
    28  reader. Comprehension skills are  taught  explicitly  by  demonstrating,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15404-01-6

        S. 9747                             2
 
     1  explaining,  modeling  and implementing specific cognitive strategies to
     2  help beginning readers derive meaning through intentional, problem-solv-
     3  ing thinking processes.
     4    (f) "Three-cueing", or "meaning structure visual" (MSV) means a method
     5  that  teaches  students to use meaning, structure and syntax, and visual
     6  cues when attempting to read an unknown word.
     7    (g) "Cultural responsiveness" means alignment with the New York  state
     8  culturally-responsive sustaining education (CRSE) framework.
     9    (h)  "Culturally-responsive  sustaining  education  (CRSE)  framework"
    10  means a framework that helps educators create student-centered  learning
    11  environments  that:  affirm  racial, linguistic and cultural identities;
    12  prepare students for rigor and independent learning,  develop  students'
    13  abilities  to  connect  across lines of difference; elevate historically
    14  marginalized voices; and empower students as agents of social change.
    15    2. Commencing  the  school  year  following  the  publication  of  the
    16  approved  instructional  programming as set forth in subdivision five of
    17  this section, each school district shall provide all  students  in  pre-
    18  kindergarten  through  fifth grade programming and services necessary to
    19  ensure to the greatest extent possible that students, as  they  progress
    20  through  pre-kindergarten,  kingdergarten,  first, second, third, fourth
    21  and fifth grades develop the necessary foundational  reading  skills  to
    22  enable them to master the academic standards and expectations applicable
    23  to  the sixth grade curriculum and beyond. The instructional programming
    24  and services for teaching students to read must  be  evidence-based  and
    25  scientifically-based,  must  focus on reading competency in the areas of
    26  phonemic awareness, phonics, vocabulary  development,  reading  fluency,
    27  comprehension,  including  background knowledge, oral language and writ-
    28  ing, oral  skill  development,  and  must  align  with  CRSE  framework.
    29  Districts  shall ensure that all early literacy programming and services
    30  are part of an aligned and coherent plan  designed  to  improve  student
    31  reading outcomes in grades pre-kindergarten through five.
    32    3.  Commencing  the  school  year  following  the  publication  of the
    33  approved professional development programs as set forth  in  subdivision
    34  seven  of  this  section,  every  school  district shall ensure that all
    35  teachers  employed  to  teach  pre-kindergarten,  kindergarten,   first,
    36  second, third, fourth and fifth grades, including teachers with multiple
    37  subject  and education specialist teaching credentials, possess adequate
    38  capabilities to teach literacy using evidence-based instruction.  Teach-
    39  ers  employed  by  a  district  before  or on the effective date of this
    40  section may meet this requirement by presenting evidence of their profi-
    41  ciency in reading instruction through completion of professional  learn-
    42  ing  courses  including,  but  not  limited  to, evidence-based means of
    43  teaching foundational reading skills  in  print  concepts,  phonological
    44  awareness,  phonics  and  word recognition, comprehension and supporting
    45  reading fluency for all pupils, including establishing  tiered  supports
    46  for  students  with reading difficulties including those with character-
    47  istics of dyslexia and dysgraphia, English learners  and  students  with
    48  exceptional  needs.  Teachers employed by a district after the effective
    49  date of  this  section  shall  meet  this  requirement  by  successfully
    50  completing  at  least  thirty-five  hours  of evidence-based training in
    51  reading  instruction  in  accordance  with  subdivision  seven  of  this
    52  section.    Alternatively,  current  and  future  educators  can provide
    53  evidence that their teacher preparation program adequately  covered  all
    54  of these topics during their enrollment.  To the extent possible, school
    55  leaders  of elementary schools should also meet the requirements of this
    56  section.

        S. 9747                             3
 
     1    4.  The  department  shall  provide  grants  to  BOCES  and/or  school
     2  districts  to  hire  onsite  literacy  coaches trained in the science of
     3  reading, focusing on high need  districts  with  at  least  seventy-five
     4  percent  of  third  graders  reading  below proficiency based on the two
     5  thousand  twenty-four--two  thousand  twenty-five New York state English
     6  language arts assessment.
     7    5.   Following consultation with the  city  school  districts  of  the
     8  cities  of  New  York,  Buffalo,  Rochester,  Syracuse, and Yonkers, the
     9  department shall develop a list of  approved,  evidence-based  curricula
    10  that  meets the definition set forth in paragraph (a) of subdivision one
    11  of this section. Such list shall be posted on the  department's  website
    12  and  shall at a minimum be updated annually. Such list shall not include
    13  instructional programming or materials that employ three-cueing or mean-
    14  ing structure visual (MSV). Approved curricula shall at a minimum:
    15    (a) have been proven to accelerate student progress in attaining read-
    16  ing competency;
    17    (b) provide explicit and systematic skill development in the areas  of
    18  phonemic  awareness,  phonics, vocabulary development, comprehension and
    19  reading fluency, including oral skill development;
    20    (c) be evidence-based  and  be  aligned  with  the  preschool  through
    21  elementary  and secondary education standards for reading adopted by the
    22  department;
    23    (d) include evidence-based valid and reliable assessments that provide
    24  initial and ongoing analysis of a student's progress in attaining  read-
    25  ing competency at least three times per year, beginning in kindergarten;
    26  and
    27    (e) include texts on core academic content to assist students in main-
    28  taining  or  meeting  grade-appropriate  proficiency  levels in academic
    29  subjects in addition to  reading,  while  ensuring  alignment  with  the
    30  state's CRSE framework.
    31    6.  The  department  shall  develop  a  competitive grant program that
    32  allows districts to replace non-evidence-based curricula with  curricula
    33  from  the  approved  department  list of evidence-based curricula. Funds
    34  from this grant may be used to provide professional learning for  educa-
    35  tors to effectively implement the new evidence-based curricula.
    36    7.  (a)  The  department shall develop a list of approved professional
    37  development programs that are evidence-based and  provide  opportunities
    38  for  practical application of evidence-based literacy instruction in the
    39  classroom. Programs should address significant reading deficiencies  and
    40  apply intervention strategies for struggling students including students
    41  with characteristics of dyslexia and dysgraphia, in addition to teaching
    42  general,   evidence-based  literacy  instructional  approaches  for  all
    43  students. The department shall include on such list the approved profes-
    44  sional development programs that are available online. Such  list  shall
    45  be  posted on the department's website and shall at a minimum be updated
    46  annually. The department shall ensure that each professional development
    47  program included on such list:
    48    (i) is focused on or aligns  with  the  science  of  reading,  and  is
    49  comprehensive and research-based, including the following:
    50    (1)  the  study  of  organized,  systematic, explicit skills including
    51  phonemic awareness, direct, systematic, explicit phonics,  and  decoding
    52  strategies;
    53    (2)  a  strong literature, language and comprehension component encom-
    54  passing both oral and written language;
    55    (3) ongoing screening techniques to inform teaching;
    56    (4) early intervention measures; and

        S. 9747                             4
 
     1    (5) guided practice in a clinical setting;
     2    (ii)  includes rigorous evaluations of learning both throughout and at
     3  the conclusion of the course, which a participant must pass to  success-
     4  fully complete the course; and
     5    (iii)  aligns with the approved instructional programming published in
     6  accordance with subdivision five of this section.
     7    (b) For purposes of this subdivision,  "direct,  systematic,  explicit
     8  phonics"   means  phonemic  awareness,  spelling  patterns,  the  direct
     9  instruction of sound/symbol codes and practice in  connected  text,  and
    10  the relationship of direct, systematic, explicit phonics.
    11    8.  (a)  Every  school  district, at least three times per year, shall
    12  give the parent or guardian of each student in pre-kindergarten  through
    13  grade five a progress report about such student's literacy progress. For
    14  pre-kindergarten  students,  such  report shall include an assessment of
    15  cognitive abilities, including executive function, and  social-emotional
    16  learning.  For  kindergarten  through  grade  five, such progress report
    17  shall include information about the following:
    18    (i) the student's reading proficiency as measured by district  reading
    19  assessments and screeners;
    20    (ii)  information  about  the  literacy programming and services being
    21  provided to the student, including curriculum; and
    22    (iii) list of evidence-based home and community resources  that  fami-
    23  lies  and  caregivers  can  use  to  support  their  child's reading and
    24  language development.
    25    (b) The department  shall  develop  a  progress  report  template  for
    26  districts  to  meet the requirements set forth pursuant to this subdivi-
    27  sion.
    28    9. (a) By September fifteenth of the school  year  subsequent  to  the
    29  school  year  school  districts  are  required to commence providing the
    30  programming and services set forth in subdivision two of  this  section,
    31  and  on  an  annual  basis  thereafter,  the commissioner shall submit a
    32  report to the legislative committees with jurisdiction over  pre-kinder-
    33  garten  through  grade  twelve  education  summarizing,  at minimum, the
    34  state's performance on each of the following metrics:
    35    (i) students' literacy and  reading  progression  using  state  growth
    36  measures.  The commissioner shall analyze the state's progress in regard
    37  to students' reading and literacy using the state's educational  assess-
    38  ment  system.  The system shall measure individual students' educational
    39  growth in the area of reading based on indicators of current achievement
    40  growth, and each individual student's growth must be shown  relative  to
    41  the  student's  prior  achievement.  Indicators of achievement and prior
    42  achievement shall be based on highly reliable statewide assessments. The
    43  commissioner shall include aggregated data and disaggregated data  show-
    44  ing educational growth by school site, grade and race/ethnicity;
    45    (ii)  by school site and grade, the percentage of teachers required to
    46  possess capabilities in research-based literacy instruction as specified
    47  under subdivision three of this section that have successfully completed
    48  training or otherwise demonstrated knowledge in evidence-based  literacy
    49  instruction;
    50    (iii) by school site and grade, the names of the approved professional
    51  development  programs  in  accordance  with  subdivision  seven  of this
    52  section used by teachers; and
    53    (iv) by school site and grade, the names of the approved instructional
    54  programming and supporting materials as specified under subdivision five
    55  of this section that were used at the beginning and end  of  the  school
    56  year.

        S. 9747                             5
 
     1    (b)  The department shall publish this information on its website in a
     2  clear and accessible format.
     3    §  3.  Section  3004  of  the education law is amended by adding a new
     4  subdivision 7 to read as follows:
     5    7. a. The commissioner shall prescribe regulations requiring that  all
     6  persons  applying  on or after September second, two thousand twenty-six
     7  for a teaching certification or license valid for service in  the  early
     8  childhood  or  elementary  grades  shall,  in  addition to all the other
     9  certification or licensing requirements, have completed course  work  or
    10  training  in evidence-based literacy instruction that meets the require-
    11  ments set forth in subdivision seven of section eight  hundred  nineteen
    12  of this chapter.
    13    b.  The  commissioner  shall  ensure  that  teacher preparation insti-
    14  tutions, starting in the two thousand twenty-six--two  thousand  twenty-
    15  seven  academic  year,  include evidence-based literacy instruction that
    16  meets the requirements set forth in subdivision seven of  section  eight
    17  hundred nineteen of this chapter.
    18    § 4. This act shall take effect immediately.
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