HF 3744

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 04:31pm

A bill for an act
relating to education; literacy; amending the Read Act; requiring a report;
appropriating money; amending Minnesota Statutes 2023 Supplement, sections
120B.1117; 120B.1118, subdivisions 4, 7, by adding subdivisions; 120B.12,
subdivisions 1, 2a, 4, 4a; 120B.123, subdivisions 1, 5, by adding a subdivision;
120B.124, subdivision 1; 124D.42, subdivision 8; 124D.98, subdivision 5; Laws
2023, chapter 55, article 3, section 11, subdivisions 2, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 120B.1117, is amended to read:

120B.1117 TITLE; THE READ ACT.

Sections deleted text begin 120B.1117 deleted text end new text begin 120B.118 new text end to 120B.124 may be cited as the "Reading to Ensure
Academic Development Act" or the "Read Act."

Sec. 2.

Minnesota Statutes 2023 Supplement, section 120B.1118, is amended by adding
a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Culturally responsive pedagogy. new text end

new text begin "Culturally responsive pedagogy" means
practices and dispositions that convey respect and concern for students and include:
new text end

new text begin (1) recognizing students' culturally grounded experiences as a foundation on which to
build knowledge;
new text end

new text begin (2) cultural competency in interacting with students and families;
new text end

new text begin (3) an ethic of deep care and affirming views of students; and
new text end

new text begin (4) a critical consciousness and sense of efficacy about learning and creating
equity-oriented changes in the status quo that is consciously transmitted to students.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 120B.1118, subdivision 4, is amended
to read:

Subd. 4.

Evidence-based.

"Evidence-based" means the instruction or item described is
based on reliable, trustworthy, and valid evidence and has demonstrated a record of success
in increasing students' reading competency in the areas of phonological and phonemic
awareness, phonics, vocabulary development, reading fluency, and reading comprehension.
Evidence-based literacy instruction is explicit, systematic, and includes phonological and
phonemic awareness, phonics and decoding, new text begin word study, new text end spelling, fluency, vocabulary, oral
language, and comprehension that can be differentiated to meet the needs of individual
students. Evidence-based instruction does not include the three-cueing system, as defined
in subdivision 16.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 120B.1118, subdivision 7, is amended
to read:

Subd. 7.

Literacy specialist.

"Literacy specialist" means a person licensed by the
Professional Educator Licensing and Standards Board as a teacher of reading, a special
education teacher, or a kindergarten through grade 6 teacher, who has completed professional
development approved by the Department of Education in structured literacy. deleted text begin A literacy
specialist employed by the department under section 120B.123, subdivision 7, or by a district
as a literacy lead, is not required to complete the approved training before August 30, 2025.
deleted text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 120B.1118, is amended by adding
a subdivision to read:

new text begin Subd. 18. new text end

new text begin Word study. new text end

new text begin "Word study" includes instruction in word analysis or syllables,
structural analysis or morphemes, and etymology.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 1, is amended
to read:

Subdivision 1.

Literacy goal.

(a) The legislature seeks to have every child reading at
or above grade level every year, beginning in kindergarten, and to support multilingual
learners and students receiving special education services in achieving their individualized
reading goals new text begin in order to meet grade level proficiency new text end . By the 2026-2027 school year,
districts must provide evidence-based reading instruction through a focus on student mastery
of the foundational reading skills of phonemic awareness, phonics, and fluency, as well as
the development of oral language, vocabulary, and reading comprehension skills. Students
must receive evidence-based instruction that is proven to effectively teach children to read,
consistent with sections 120B.1117 to 120B.124.

(b) To meet this goal, each district must provide teachers and instructional support staff
with responsibility for teaching reading with training on evidence-based reading instruction
that is approved by the Department of Education by the deadlines provided in this
subdivision. The commissioner may grant a district an extension to the deadlines in this
paragraph. Beginning July 1, 2024, a district must provide access to the training required
under section 120B.123, subdivision 5, to:

(1) new text begin reading new text end intervention teachers working with students in kindergarten through grade
12;

(2) all classroom teachers of students in kindergarten through grade 3 and children in
prekindergarten programs;

(3) special education teachers;

(4) curriculum directors; new text begin and
new text end

deleted text begin (5) instructional support staff who provide reading instruction; and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end employees who select literacy instructional materials for a district.

deleted text begin (c) All other teachers and instructional staff required to receive training under the Read
Act must complete the training no later than July 1, 2027.
deleted text end

new text begin (c) The following other teachers and instructional staff must complete the training
required under the Read Act by July 1, 2027:
new text end

new text begin (1) teachers who provide reading instruction to students in grades 4 to 12;
new text end

new text begin (2) teachers of multilingual students; and
new text end

new text begin (3) teachers who provide instruction to students who qualify for the graduation incentives
program under section 124D.68.
new text end

(d) Districts are strongly encouraged to adopt a MTSS framework. The framework should
include a process for monitoring student progress, evaluating program fidelity, and analyzing
student outcomes and needs in order to design and implement ongoing evidenced-based
instruction and interventions.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 2a, is amended
to read:

Subd. 2a.

Parent notification and involvement.

A district must administer deleted text begin a deleted text end new text begin an approved new text end
reading screener to students in kindergarten through grade 3 within the first six weeks of
the school year, and again within the last six weeks of the school year. new text begin Starting in the
2024-2025 school year, a district must also administer the approved screener in the middle
of the school year. new text end Schools, at least biannually after administering each screener, must give
the parent of each student who is not reading at or above grade level timely information
about:

(1) the student's reading proficiency as measured by a screener approved by the
Department of Education;

(2) reading-related services currently being provided to the student and the student's
progress; and

(3) strategies for parents to use at home in helping their student succeed in becoming
grade-level proficient in reading in English and in their native language.

A district may not use this section to deny a student's right to a special education
evaluation.

Sec. 8.

Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 4, is amended
to read:

Subd. 4.

Staff development.

(a) A district must provide training on evidence-based
deleted text begin reading deleted text end new text begin structured literacy new text end instruction to teachers and instructional staff in accordance with
subdivision 1, paragraph (b). The training must include teaching in the areas of phonemic
awareness, phonics, vocabulary development, reading fluency, reading comprehension, and
culturally and linguistically responsive pedagogy.

(b) Each district shall use the data under subdivision 2 to identify the staff development
needs so that:

(1) elementary teachers are able to implement explicit, systematic, evidence-based
instruction in the five reading areas of phonemic awareness, phonics, fluency, vocabulary,
and comprehension with emphasis on mastery of foundational reading skills as defined in
section 120B.1118 and other literacy-related areas including writing until the student achieves
grade-level reading and writing proficiency;

(2) elementary teachers deleted text begin have sufficient deleted text end new text begin receive new text end training to provide students with
evidence-based reading and oral language instruction that meets students' developmental,
linguistic, and literacy needs using the intervention methods or programs selected by the
district for the identified students;

(3) licensed teachers employed by the district have deleted text begin regular deleted text end opportunities to improve
reading and writing instruction new text begin through professional development identified in the local
literacy plan new text end ;

(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are
able to serve the oral language and linguistic needs of students who are multilingual learners
by maximizing strengths in their native languages in order to cultivate students' English
language development, including oral academic language development, and build academic
literacy; and

(5) licensed teachers are well trained in culturally responsive pedagogy that enables
students to master content, develop skills to access content, and build relationships.

(c) A district must provide staff in early childhood programs deleted text begin sufficient deleted text end training new text begin approved
by the Department of Education new text end to provide children in early childhood programs with
explicit, systematic instruction in phonological and phonemic awareness; oral language,
including listening comprehension; vocabulary; and letter-sound correspondence.

Sec. 9.

Minnesota Statutes 2023 Supplement, section 120B.12, subdivision 4a, is amended
to read:

Subd. 4a.

Local literacy plan.

(a) Consistent with this section, a school district must
adopt a local literacy plan to have every child reading at or above grade level every year
beginning in kindergarten and to support multilingual learners and students receiving special
education services in achieving their individualized reading goals. A district must update
and submit the plan to the commissioner by June 15 each year. The plan must be consistent
with the Read Act, and include the following:

(1) a process to assess students' foundational reading skills, oral language, and level of
reading proficiency and the screeners used, by school site and grade level, under section
120B.123;

(2) a process to notify and involve parents;

(3) a description of how schools in the district will determine the targeted reading
instruction that is evidence-based and includes an intervention strategy for a student and
the process for intensifying or modifying the reading strategy in order to obtain measurable
reading progress;

(4) evidence-based intervention methods for students who are not reading at or above
grade level and progress monitoring to provide information on the effectiveness of the
intervention;

(5) identification of staff development needs, including a plan to meet those needs;

(6) the curricula used by school site and grade level;

(7) a statement of whether the district has adopted a MTSS framework;

(8) student data using the measures of foundational literacy skills and mastery identified
by the Department of Education for the following students:

(i) students in kindergarten through grade 3;

(ii) students who demonstrate characteristics of dyslexia; and

(iii) students in grades 4 to 12 who are identified as not reading at grade level; and

(9) the number of teachers and other staff that have completed training approved by the
department.

(b) The district must post its literacy plan on the official school district website and
submit it to the commissioner of education using the template developed by the commissioner
of education beginning June 15, 2024.

(c) By March 1, 2024, the commissioner of education must develop a streamlined template
for local literacy plans that meets the requirements of this subdivision and requires all
reading instruction and teacher training in reading instruction to be evidence-based. The
template must require a district to report information using the student categories required
in the commissioner's report under paragraph (d). The template must focus district resources
on improving students' foundational reading skills while reducing paperwork requirements
for teachers.

(d) By December 1, 2025, the commissioner of education must submit a report to the
legislative committees with jurisdiction over prekindergarten through grade 12 education
summarizing the local literacy plans submitted to the commissioner. The summary must
include the following information:

(1) the number of teachers and other staff that have completed training approved by the
Department of Education;

(2) by school site and grade, the screeners deleted text begin used at the beginning and end of the school
year deleted text end and the reading curriculum used; and

(3) by school site and grade, using the measurements of foundational literacy skills and
mastery identified by the department, both aggregated data and disaggregated data using
the student categories under section 120B.35, subdivision 3, paragraph (a), clause (2).

Sec. 10.

Minnesota Statutes 2023 Supplement, section 120B.123, subdivision 1, is amended
to read:

Subdivision 1.

new text begin Approved new text end screeners.

A district must administer an approved
evidence-based reading screener to students in kindergarten through grade 3 within the first
six weeks of the school year, and again within the last six weeks of the school year. new text begin Starting
in the 2024-2025 school year, a district must also administer the screener in the middle of
the school year. new text end The screener must be one of the screening tools approved by the Department
of Education. A district must identify any screener it uses in the district's annual literacy
plan, and submit screening data with the annual literacy plan by June 15.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 120B.123, subdivision 5, is amended
to read:

Subd. 5.

Professional development.

new text begin (a) new text end A district must provide training from a menu
of approved evidence-based training programs to all reading intervention teachers, literacy
specialists, and other teachers and staff identified in section 120B.12, subdivision 1, paragraph
(b), by July 1, 2025; and by July 1, 2027, to other teachers in the district new text begin who provide reading
instruction or reading interventions new text end , prioritizing teachers who work with students with
disabilities, English learners, and students who qualify for the graduation incentives program
under section 124D.68.

new text begin (b) A district must provide training approved by the Department of Education to
instructional support staff, volunteers, and other persons who provide reading instruction
or interventions to students in kindergarten through grade 12 by July 1, .....
new text end

new text begin (c) new text end The commissioner of education may grant a district an extension to the deadlines in
this subdivision.

Sec. 12.

Minnesota Statutes 2023 Supplement, section 120B.123, is amended by adding
a subdivision to read:

new text begin Subd. 8. new text end

new text begin Special revenue fund. new text end

new text begin An account is established in the special revenue fund
known as the "Read Act program account." All amounts appropriated under Laws 2023,
chapter 55, article 3, that are unobligated and unencumbered as of June 30, 2028, must be
transferred to the Read Act program account. Remaining unspent funds from previously
obligated or encumbered appropriations under the Read Act cancel to the Read Act program
account.
new text end

Sec. 13.

Minnesota Statutes 2023 Supplement, section 120B.124, subdivision 1, is amended
to read:

Subdivision 1.

Resources.

The Department of Education must partner with CAREI for
two years beginning July 1, 2023, until August 30, 2025, to support implementation of the
Read Act. The department and CAREI must jointly:

(1) identify at least five literacy curricula and supporting materials that are evidence-based
or focused on structured literacy by January 1, 2024, and post a list of the curricula on the
department website. The list must include curricula that use culturally and linguistically
responsive materials that reflect diverse populations and, to the extent practicable, curricula
that reflect the experiences of students from diverse backgrounds, including multilingual
learners, biliterate students, and students who are Black, Indigenous, and People of Color.
A district is not required to use an approved curriculum, unless the curriculum was purchased
with state funds that require a curriculum to be selected from a list of approved curricula;

(2) identify at least three professional development programs that focus on the five pillars
of literacy and the components of structured literacy by August 15, 2023, subject to final
approval by the department. The department must post a list of the programs on the
department website. The programs may include a program offered by CAREI. The
requirements of section 16C.08 do not apply to the selection of a provider under this section;

(3) identify evidence-based literacy intervention materials for students in kindergarten
through grade 12;

(4) develop an evidence-based literacy lead training program that trains literacy specialists
throughout Minnesota to support schools' efforts in screening, measuring growth, monitoring
progress, and implementing interventions in accordance with subdivision 1;

(5) identify measures of foundational literacy skills and mastery that a district must
report on a local literacy plan;

(6) provide guidance to districts about best practices in literacy instruction, and practices
that are not evidence-based;

(7) develop MTSS model plans that districts may adopt to support efforts to screen,
identify, intervene, and monitor the progress of students not reading at grade level; deleted text begin and
deleted text end

(8) ensure that teacher professional development options and MTSS framework trainings
are geographically equitable by supporting trainings through the regional service
cooperatives deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) identify or develop one or more professional development programs for unlicensed
school staff, volunteers, and other persons that provide literacy instruction or intervention
to students in Minnesota school districts, charter schools, or cooperative units by January
10, 2025, subject to final approval by the department. The training must be ten to 25 hours
long.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 124D.42, subdivision 8, is amended
to read:

Subd. 8.

Minnesota reading corps program.

(a) A Minnesota reading corps program
is established to provide ServeMinnesota AmeriCorps members with a data-based
problem-solving model of literacy instruction to use in helping to train local Head Start
program providers, other prekindergarten program providers, and staff in schools with
students in kindergarten through grade 3 to evaluate and teach early literacy skills, including
evidence-based literacy instruction under sections 120B.1117 to 120B.124, to children age
3 to grade 3 and interventions for children in kindergarten to grade deleted text begin 12 deleted text end new text begin 3 new text end .

(b) Literacy programs under this subdivision must comply with the provisions governing
literacy program goals and data use under section 119A.50, subdivision 3, paragraph (b).

new text begin (c) Literacy programs under this subdivision must demonstrate to the Department of
Education that they meet or exceed the training requirements for volunteers under section
120B.12.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The commission must submit a biennial report to the committees of the legislature
with jurisdiction over kindergarten through grade 12 education that records and evaluates
program data to determine the efficacy of the programs under this subdivision.

Sec. 15.

Minnesota Statutes 2023 Supplement, section 124D.98, subdivision 5, is amended
to read:

Subd. 5.

Literacy incentive aid uses.

A school district must use its literacy incentive
aid to support implementation of evidence-based reading instruction. The following are
eligible uses of literacy incentive aid:

(1) training for kindergarten through grade 3 teachers, early childhood educators, special
education teachers, reading intervention teachers working with students in kindergarten
through grade 12, curriculum directors, and instructional support staff that provide reading
instruction, on using evidence-based screening and progress monitoring tools;

(2) evidence-based training using a training program approved by the Department of
Education;

(3) employing or contracting with a literacy lead, as defined in section 120B.1118;

new text begin (4) employing an intervention specialist;
new text end

deleted text begin (4) deleted text end new text begin (5) screeners, new text end materials, training, and ongoing coaching to ensure reading interventions
under section 125A.56, subdivision 1, are evidence-based; deleted text begin and
deleted text end

deleted text begin (5) deleted text end new text begin (6) new text end costs of substitute teachers to allow teachers to complete required training during
the teachers' contract day deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) stipends for teachers completing training required under the Read Act.
new text end

Sec. 16.

Laws 2023, chapter 55, article 3, section 11, subdivision 2, is amended to read:

Subd. 2.

CAREI.

(a) To contract with the Center for Applied Research and Educational
Improvement at the University of Minnesota for the Read Act implementation partnership
under section 120B.124:

	$	4,200,000	.....	2024
	$	deleted text begin 0 deleted text end new text begin 4,200,000 new text end	.....	2025

(b) This appropriation is available until June 30, deleted text begin 2026 deleted text end new text begin 2028 new text end . new text begin Any unspent funds do not
cancel but are transferred to the Read Act program account in the special revenue fund.
new text end

(c) The base for fiscal year 2026 and later is $0.

Sec. 17.

Laws 2023, chapter 55, article 3, section 11, subdivision 4, is amended to read:

Subd. 4.

Read Act professional development.

(a) For evidence-based training on
structured literacy for teachers working in school districts, charter schools, and cooperatives:

	$	34,950,000	.....	2024
	$	deleted text begin 0 deleted text end new text begin 10,000,000 new text end	.....	2025

(b) Of the amount in paragraph (a) new text begin for fiscal year 2024 new text end , $18,000,000 is for new text begin the Department
of Education and the new text end regional literacy networks and $16,700,000 is for statewide training.
The department must use the funding to develop new text begin a data collection system to collect and
analyze the submission of the local literacy plans and student-level universal screening data;
establish the new text end regional literacy networks as a partnership between the department and the
Minnesota service cooperatives, and to administer statewide training based in structured
literacy to be offered free to school districts and charter schools and facilitated by the regional
literacy networks and the department. The regional literacy networks must focus on
implementing comprehensive literacy reform efforts based on structured literacy. Each
regional literacy network must add a literacy lead position and establish a team of trained
literacy coaches to facilitate evidence-based structured literacy training opportunities and
ongoing supports to school districts and charter schools in each of their regions. new text begin For fiscal
year 2025, faculty teaching literacy instruction at state-approved teacher preparation programs
in Minnesota are eligible to receive training in structured literacy under this subdivision at
no cost.
new text end

(c) Of the amount in paragraph (a), $250,000 new text begin each year new text end is for administration.

(d) If funds remain unspent on July 1, 2026, the commissioner must expand eligibility
for approved training to include principals and other district, charter school, or cooperative
administrators.

(e) The commissioner must report to the legislative committees with jurisdiction over
kindergarten through grade 12 education the number of teachers from each district who
received approved structured literacy training using funds under this subdivision, and the
amounts awarded to districts, charter schools, or cooperatives.

(f) The regional literacy networks and staff at the Department of Education must provide
ongoing support to school districts, charter schools, and cooperatives implementing
evidence-based literacy instruction.

(g) This appropriation is available until June 30, 2028. new text begin Any unspent funds do not cancel
but are transferred to the Read Act program account in the special revenue fund. new text end The base
for fiscal year 2026 and later is $7,750,000, of which $6,500,000 is for the regional literacy
networks and $1,250,000 is for statewide training.

Sec. 18. new text begin PELSB READING AUDIT REPORT.
new text end

new text begin The Professional Educator Licensing and Standards Board must evaluate how approved
teacher training programs provide instruction to teacher candidates on literacy instruction,
and whether the instruction is consistent with the Read Act. The board must submit an initial
report with its findings to the legislative committees with jurisdiction over kindergarten
through grade 12 and higher education by January 15, 2025, and a final report by February
1, 2026.
new text end

Sec. 19. new text begin APPROPRIATION; SUPPLEMENTAL READ ACT FUNDING.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Training incentives. new text end

new text begin (a) For incentives for teachers to complete literacy training:
new text end

	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin ....... new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) The commissioner of education must administer a payment of $150 to each teacher
who completes an evidence-based professional development program approved under section
120B.124. To be eligible for the payment, a teacher must have a license to teach in
Minnesota; work for a school district, charter school, or cooperative; and complete a
professional development program completed between July 1, 2024, and July 1, 2027.
new text end

new text begin (c) This appropriation is available until July 1, 20... Any unspent funds do not cancel
but are transferred to the Read Act program account in the special revenue fund on June
30, 20...
new text end

new text begin Subd. 3. new text end

new text begin Read Act supplemental curriculum and intervention materials. new text end

new text begin (a) To
partially reimburse school districts, charter schools, and cooperative units for evidence-based
literacy curriculum and supporting materials, and intervention materials for children in
prekindergarten through grade 12 based on structured literacy:
new text end

new text begin $ new text end

new text begin ....... new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The commissioner must use this appropriation to partially reimburse school districts,
charter schools, and cooperatives for approved evidence-based structured literacy curriculum
and supporting materials, and intervention materials purchased after July 1, 2023. An
applicant must apply for the reimbursement in the form and manner determined by the
commissioner.
new text end

new text begin (c) The commissioner must report to the legislative committees with jurisdiction over
kindergarten through grade 12 education the districts, charter schools, and cooperative units
that receive literacy grants and the amounts of each grant, by January 15, 2025, according
to Minnesota Statutes, section 3.195. The commissioner must, to the extent practicable,
award grants in a regionally equitable manner.
new text end

new text begin (d) To be eligible for the partial reimbursement, a school district, charter school, or
cooperative unit must purchase literacy curriculum and instructional materials that reflect
diverse populations.
new text end

new text begin (e) Of this amount, up to $....... is available for grant administration.
new text end

new text begin (f) This is a onetime appropriation and is available until June 30, 2028. Any unspent
funds do not cancel but are transferred to the Read Act program account in the special
revenue fund on June 30, 2028.
new text end

new text begin Subd. 4. new text end

new text begin Unlicensed staff and volunteer training. new text end

new text begin (a) For training for unlicensed school
staff and volunteers on structured literacy:
new text end

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin ..... new text end

new text begin 2025 new text end

new text begin (b) The commissioner must partner with CAREI and the regional literacy networks to
develop training for unlicensed school staff, volunteers, and other persons that provide
literacy instruction or intervention to students in Minnesota school districts, charter schools,
or cooperative units.
new text end

new text begin (c) This appropriation is available until June 30, 2028. Any unspent funds do not cancel
but are transferred to the Read Act program account in the special revenue fund on June
30, 2028. The base for fiscal year 2026 and later is $0.
new text end

Sec. 20. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering. The revisor shall also make any technical and
other changes necessitated by the renumbering and cross-reference changes in this act.
new text end

new text begin Column A new text end	new text begin Column B new text end
new text begin 120B.1117 new text end	new text begin 120B.118 new text end
new text begin 120B.1118 new text end	new text begin 120B.119 new text end