2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 6 - QUALITY BASIC EDUCATION (§§ 20-2-130 — 20-2-329.2) › Part 3 - EDUCATIONAL PROGRAMS (§§ 20-2-150 — 20-2-159.6) › Section 20-2-153.1 - Georgia Early Literacy; definitions; uniform grade appropriate metrics to measure literacy; role of school boards; accommodations

(a)
This Code section shall be known and may be cited as the "Georgia Early Literacy Act."
(b)
As used in this Code section, the term:
(1)
"Board" means the State Board of Education.
(1.1)
"Center: means the Sandra Dunagan Deal Center for Early Language and Literacy.
(1.2)
"Council'" means the Georgia Council on Literacy.
(2)
"Department" means the Department of Education.
(3)
"Foundational literacy skills" means phonological awareness, phonemic awareness, phonics, fluency, vocabulary, reading comprehension, spelling, oral language, and the intersection of reading and writing.
(4)
"High-quality instructional materials" means instructional materials aligned to the science of reading that instruct students in foundational literacy skills and grade-appropriate English language arts and reading standards approved by the State Board of Education.
(5)
"Reading intervention" means evidence based strategies frequently used to remediate reading deficiencies and includes, but is not limited to, individual and small-group instruction, multisensory approaches, tutoring, mentoring, or the use of technology that targets specific reading skills and abilities.
(6)
"Science of reading" means the body of research that identifies evidence based approaches of explicitly and systematically teaching students to read, including foundational literacy skills that enable students to develop reading skills required to meet state standards in literacy.
(7)
"Significant reading deficiency" means for students in kindergarten through third grade that such student's score on a universal reading screener is within the range of scores determined by the department to demonstrate a lack of proficiency in foundational literacy skills.
(8)
"Structured literacy" means an evidence based approach to teaching oral and written language aligned to the science of reading founded on the science of how children learn to read and characterized by explicit, systematic, cumulative, and diagnostic instruction in phonology, sound-symbol association, syllable instruction, morphology, syntax, and semantics.
(9)
"Tiered reading intervention plan" means a plan that describes the evidence based reading intervention services a student will receive to remediate such student's reading deficit and to ensure that such student becomes proficient in foundational literacy skills.
(10)
"Universal reading screener" means a uniform tool that screens and monitors a student's progress in foundational literacy skills that is administered to students multiple times during the school year.
(c)
(1)
The board, in consultation with the department and the Office of Student Achievement, shall establish such policies, rules, and regulations as necessary to implement uniform grade-appropriate metrics for measuring literacy.
(2)
As soon as practicable but not later than January 1, 2024, the board shall:
(A)
Approve high-quality instructional materials to be used for teaching students in kindergarten through third grade to read; and
(B)
Establish a procedure for each public school and local school system to annually certify to the department that such school or school system's locally approved instructional materials and content, as defined in subsection (a) of Code Section
20-2-1017
, constitute high-quality instructional materials.
(3)
(A)
As soon as practicable but not later than January 1, 2024, the department shall establish qualifications, time lines, and submission procedures for education service providers to submit one or more universal reading screeners to be considered for inclusion on the board's list of approved universal reading screener providers provided for in subparagraph (B) of this paragraph.
(B)
As soon as practicable but not later than May 15, 2025, the board shall approve the memorandum of agreement between the council and the department, as provided for in subparagraph (B) of paragraph (4) of this subsection, for a list of no more than five universal reading screeners, one of which shall be a free universal reading screener, f o r use by public schools and local school systems as part of their comprehensive literacy programs which meet the following criteria:
(i)
Capable of providing relevant information to assist teachers with targeting instruction based on student needs;
(ii)
Capable of measuring foundational literacy skills;
(iii)
Capable of identifying students who have a significant reading deficiency, including, but not limited to, identifying students with characteristics of dyslexia;
(iv)
Prescribed parameters on the time required to administer a universal reading screener with the primary objective of such prescription being to minimize impacts on instructional time; and
(v)
Capable of progress monitoring.
(4)
(A)
As soon as practicable but not later than July 15, 2025, the department shall publish on its public website the free universal reading screener and the list of other approved universal reading screeners, one of which each public school and local school system shall adopt and administer in order to comply with the requirements of subparagraph (d)(3)(C) of this Code section.
(B)
The council, in collaboration with the center and the Office of Planning and Budget, shall identify a free universal reading screener that meets the criteria established by the board as provided in subparagraph (B) of paragraph (3) of this subsection. The council shall enter into a memorandum of agreement with the department to make such universal reading screener available for use free of charge to public schools and local school systems .
(5)
The department shall, in consultation with the University System of Georgia, the Professional Standards Commission, the Office of Student Achievement, Georgia's Regional Education Service Agencies, and literacy experts, develop or procure one or more training programs for kindergarten through third grade teachers on the science of reading, structured literacy, and foundational literacy skills that enable students to develop reading skills required to meet state standards in literacy. Such training programs shall be developed or procured to promote teachers' knowledge and skills for teaching all students to read, including students with dyslexia, and to ensure teachers have the knowledge and skills necessary to use approved universal reading screeners and to use assessment data to inform instruction based on student needs.
(6)
The department shall provide technical assistance to aid public schools and local school systems in implementing the provisions of this Code section.
(7)
Beginning April 1, 2026, the department shall provide an annual report on the impacts of the implementation of the provisions of this Code section, including, but not limited to, reporting the results by school and school system of:
(A)
The research based formative assessments with a summative component that is tied to performance indicators in English language arts and reading in grades one and two provided for in subsection (a) of Code Section
20-2-281
;
(B)
The comprehensive summative assessment program for third grade students provided for in subsection (a) of Code Section
20-2-281
;
(C)
The nationally norm-referenced instruments in reading for third grade students provided for in subsection (a) of Code Section
20-2-281
; and
(D)
The formative reading assessments for first and second grade students provided for in Code Section
20-2-280
.
Such report shall also include analyses of the impact of use of universal reading screeners, the use of high-quality instructional materials, and instructional practices grounded in the science of reading. Such report shall be provided to the Governor, the President of the Senate, the Speaker of the House of Representatives, the chairperson of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, the Senate Higher Education Committee, and the board, and shall be made available on the department's website for access by the public.
(d)
(1)
Local boards of education and public school governing bodies shall:
(A)
By December 1, 2024, approve high-quality instructional materials for students in kindergarten through third grade; and
(B)
By December 15, 2024, and by August 1 each year thereafter, certify to the department that its locally approved instructional materials and content, as defined in subsection (a) of Code Section
20-2-1017
, constitute high-quality instructional materials.
(2)
(A)
Each public school and local school system shall provide instructional support for kindergarten through third grade teachers that shall include:
(i)
Onsite teacher training on the science of reading, structured literacy, foundational literacy skills, and evidence based decision making;
(ii)
Demonstrated lessons; and
(iii)
Prompt feedback for improving instruction.
(B)
(i)
Any public school or local school system claiming that a lack of sufficient funding prevents such public school or local school system from providing instructional support as required in subparagraph (A) of this paragraph shall promptly and in writing notify the Department of Education and shall describe all efforts such school or school system has undertaken to secure sufficient funding from local, state, federal, and private sources.
(ii)
The Department of Education shall provide technical assistance and other guidance to public schools and local schools systems in identifying local, state, federal, and private funding sources to provide for instructional support as required in subparagraph (A) of this paragraph.
(3)
(A)
Beginning August 1, 2024, three times each school year each public school and local school system shall administer a universal reading screener to each student in kindergarten through third grade, with the first administration occurring within 30 days of the beginning of the school year; provided, however, that for students in first and second grades such public school or local school system shall be authorized to substitute one administration of a universal reading screener with an administration of a formative reading assessment as provided for in Code Section
20-2-280
.
(B)
[Repealed and reserved]
(C)
After each administration of a universal reading screener, each public school or local school system shall report the results to:
(i)
Parents and guardians of students who participated in the administration; and
(ii)
The department for analysis.
(D)
The results of the universal reading screeners administered to students shall not be used as part of any education assessment accountability program provided for in Article 2 of Chapter 14 of this title.
(4)
(A)
Beginning August 1, 2024, public schools and local school systems shall implement tiered reading intervention plans for public school students in kindergarten through third grade who at any time during the school year exhibit a significant reading deficiency, as measured by performance on a universal screener approved by the board. Each such tiered reading intervention plan shall be implemented no later than 30 days after a student has been identified as exhibiting a significant reading deficiency and shall describe the evidence based reading intervention services the student will receive to remedy the reading deficit and ensure the student becomes proficient in foundational literacy skills. Such tiered reading intervention plans may be incorporated into and included as part of the school's existing multi-tiered system of supports or response to intervention frameworks.
(B)
Each student who has been identified as exhibiting a significant reading deficiency shall receive intensive reading intervention until such student is no longer identified as exhibiting a significant reading deficiency.
(C)
The parent or guardian of any student in kindergarten through third grade who at any time during the school year exhibits a significant reading deficiency shall be notified in writing by the student's school no later than 15 days after the identification of the possible deficiency. Such written notification shall include:
(i)
That the student has been identified as exhibiting a significant reading deficiency;
(ii)
That a tiered reading intervention plan will be implemented by the student's teacher;
(iii)
Results of the student's performance on the universal reading screeners administered to date;
(iv)
A description of the current services provided to the student;
(v)
A description of proposed evidence based reading interventions and supplemental instructional services and supports to be provided to the student that are designed to remedy the identified area or areas of significant reading deficiency to ensure the student becomes proficient in foundational literacy skills;
(vi)
Notification that the parent or guardian will be informed in writing of the student's progress toward grade level reading; and
(vii)
Strategies for parents to use at home to help their child succeed in reading.
(5)
By July 1, 2025, all kindergarten through third grade teachers shall complete a training program developed or procured pursuant to paragraph (c)(5) of this Code section.
(e)
Nothing in this Code section shall be construed to abrogate or otherwise affect the operation or application of the federal Individuals with Disabilities Education Act (IDEA) or Section 504 of the federal Rehabilitation Act of 1973.
(f)
This Code section shall not be subject to waivers pursuant to Code Section
20-2-82
for a strategic waivers school system, Code Section
20-2-244
for a local board of education, Code Section
20-2-2063.2
for a charter system, or Code Section
20-2-2065
for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system, or any state special school.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Amended by 2024 Ga. Laws 461,§ 2, eff. 4/23/2024.
Added by 2023 Ga. Laws 9,§ 3, eff. 7/1/2023.