AN ACT Relating to using evidence-based instructional practices in reading and writing literacy for public elementary students; amending RCW 28A.320.202, 28A.300.530, 28A.300.570, 28A.300.720, and 28A.320.260; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.710 RCW; adding a new section to chapter 28A.715 RCW; adding a new section to chapter 28A.230 RCW; creating a new section; recodifying RCW 28A.320.202; and repealing RCW 28A.410.285, 28A.415.350, 28A.415.360, and 28A.415.400.
Sec. 1. (1)(a) The legislature finds that learning to read and write is a core element of the state's statutory program of basic education and is the foundation for many other elements of the basic education program. The legislature recognizes that, during the 2023-24 school year, 37 percent of grade three students and 40 percent of grade four students were identified as reading below grade level.
(b) The legislature recognizes that, during the 2021-22 school year, the system established to screen students in grades kindergarten through grade two for risks associated with reading difficulties, including dyslexia, identified over 20 percent of students as at risk and in need of additional supports.
(2)(a) The legislature finds that, in 2009, the United States department of education published a practice guide with evidence-based suggestions for implementing multitier interventions that are feasible and based on evidence from rigorous research. One of the recommendations is to use a curriculum that addresses the components of reading instruction (comprehension, fluency, phonemic awareness, phonics, and vocabulary) and relates to students' needs and developmental levels. The legislature acknowledges that these components are often referred to as "structured literacy."
(b) Therefore, the legislature intends that these components be incorporated into foundational curricula and expectations for teaching reading and writing in Washington public schools.
(3)(a) The legislature understands recent research indicates that African American and Hispanic children who show signs of dyslexia are less likely than white children to be identified as dyslexic through school screening programs, even after controlling for income level. The legislature recognizes that the scientific literature on reading and cognition indicates that instruction using the principles of structured literacy will benefit almost all students, not only those with indicators of dyslexia.
(b) Therefore, the legislature intends to address this serious equity problem by ensuring that the next time any school district, charter school, or state-tribal education compact school revises its curriculum, it selects a curriculum that is evidence aligned to established interdisciplinary literacy research and evidence informed in its instructional design. In this way all students receive evidence-informed reading and writing instruction.
Sec. 2. RCW 28A.320.202 and 2013 2nd sp.s. c 18 s 102 are each amended to read as follows:Comprehensive system of instruction and services in reading and early literacy.
(1) School districts are responsible for providing a comprehensive system of instruction and services in reading and early literacy to kindergarten through fourth grade four students that is based on the degree of student need for additional support. Reading and early literacy systems provided by school districts must include:
(1) (a) Annual use of screening assessments and other tools to identify at-risk readers in kindergarten through fourth grade four, such as the Washington kindergarten inventory of developing skills, the Washington state early learning and development guidelines for birth through third grade three, the second grade reading assessment under RCW 28A.300.310, and locally used assessments and other tools; and
(2) (b) Research-based family involvement and engagement strategies, including strategies to help families and guardians assist in improving students' reading and early literacy skills at home.
(2)(a) Beginning September 1, 2027, when a school district updates or purchases a curriculum related to early literacy, reading literacy, or writing literacy for use with any students in kindergarten through grade four, the new or updated curriculum must include at least the following essential components: (i) Language comprehension, including semantics, syntax, and knowledge building; (ii) reading and writing fluency; (iii) orthographic knowledge, including phonics and spelling; (iv) phonological awareness, including phonemic awareness; (v) vocabulary; and (vi) oral language development and proficiency.
(b) The new or updated curriculum must also be:
(i) Diagnostic of and responsive to individual student needs, including by being multisensory, multimodal, high quality, and culturally relevant;
(ii) Evidence-aligned to established interdisciplinary literacy research and evidence-informed in its instructional design;
(iii) Aligned with the state learning standard in English language arts, as the standard is adopted and periodically revised under RCW 28A.655.070; and
(iv) Consistent with the teacher endorsement standards for literacy-related competencies adopted by the Washington professional educator standards board under section 3 of this act.
(3) To the extent possible without incurring undue financial or operational burden, school districts must implement curriculum purchased or updated under subsection (2) of this section consistent with the curriculum developer's guidance and school district policies, with the expectation of achieving full fidelity and sustainability over time.
2013 2nd sp.s. c 18 § 102.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Sec. 3. A new section is added to chapter 28A.410 RCW to read as follows:
(1) Standards for teacher endorsements with literacy-related competencies must include the essential components of language comprehension, phonological awareness, orthographic knowledge, fluency, vocabulary, and oral language development and proficiency and other competencies needed to teach using a literacy curriculum that meets the requirements of RCW 28A.320.202(2) (as recodified by this act). The board shall adopt revised standards for any teacher endorsement with literacy-related competencies that does not meet the requirements of this subsection (1).
(2) The board shall require board-approved teacher preparation programs that offer endorsements with literacy-related competencies to incorporate any revised board-adopted standards into their instructional content within two academic years after the end of the academic year in which the revised standards are adopted.
(3)(a) The board shall, within existing resources, convene advisory groups of board-approved teacher preparation programs to develop, review, and share curricula, instructional materials, and open educational resources tailored to each literacy-related endorsement and designed to help teacher candidates be prepared at graduation to teach using a literacy curriculum that meets the requirements of RCW 28A.320.202(2) (as recodified by this act).
(b) The public institutions of higher education approved to offer teacher endorsements with literacy-related competencies are encouraged to participate in the advisory groups under (a) of this subsection (3).
(4) For the purposes of this section, the following definitions apply:
(a) "Board" means the Washington professional educator standards board; and
(b) "Endorsement with literacy-related competencies" means an endorsement in elementary education, English language arts, literacy, special education, and any other endorsement determined by the board to include literacy-related competencies.
Sec. 4. A new section is added to chapter 28A.710 RCW to read as follows:
RCW 28A.320.202 (as recodified by this act) governs school operation and management under RCW 28A.710.040 and applies to charter schools established under this chapter.
Sec. 5. A new section is added to chapter 28A.715 RCW to read as follows:
RCW 28A.320.202 (as recodified by this act) governs school operation and management under RCW 28A.715.020 and applies to state-tribal education compact schools subject to this chapter.
Sec. 6. RCW 28A.300.530 and 2009 c 546 s 2 are each amended to read as follows:Individuals with dyslexia—Identification and instruction—Handbook—Reports.
(1) Within available resources, the office of the superintendent of public instruction, in consultation with the school districts that participated in the Lorraine Wojahn dyslexia pilot program, and with an international appropriate experts, for example, the educational service districts and international and state-level nonprofit organizations dedicated to supporting efforts to provide appropriate identification of and instruction for individuals with dyslexia, shall:
(a) Develop develop, and periodically update, an educator literacy training program to enhance the reading, writing, and spelling skills of students with dyslexia. The training program must provide research-based, multisensory literacy intervention professional development in the areas of dyslexia and intervention implementation. The program shall kindergarten through grade four students, including students who display indications of, or areas of weakness associated with, dyslexia.
(2) The educator literacy training program must be posted on the website of the office of the superintendent of public instruction.
(3) The educator literacy training program may be regionally delivered through the educational service districts. The educational service districts may seek assistance from the international nonprofit organizations to deliver the educator literacy training; and
(b) Develop a dyslexia handbook to be used as a reference for teachers and parents of students with dyslexia. The handbook shall be modeled after other state dyslexia handbooks, and shall include guidelines for school districts to follow as they identify and provide services for students with dyslexia. Additionally, the handbook shall provide school districts, and parents and guardians with information regarding the state's relevant statutes and their relation to federal special education laws. The handbook shall be posted on the website of the office of the superintendent of public instruction.
(2) Beginning September 1, 2009, and annually thereafter, each program.
(4)(a) By October 1, 2030, and by October 1st every even year thereafter, each educational service district shall report to the office of the superintendent of public instruction the number of individuals who participate participated in the educator literacy training developed and offered by the educational service district. The program during the prior two school years.
(b) In compliance with RCW 43.01.036, the office of the superintendent of public instruction shall report that information the information described in (a) of this subsection (4) to the legislative education committees by December 1, 2030, and by December 1st every even year thereafter.
2009 c 546 § 2.
Finding—Intent—2009 c 546: "Dyslexia is a language-based learning disability that affects individuals throughout their lives. Washington state has a long-standing tradition of working to serve its students with dyslexia. Since 2005, the legislature has provided funding for five pilot projects to implement research-based, multisensory literacy intervention for students with dyslexia. Participating schools were required to have a three-tiered reading structure in place, provide professional development training to teachers, assess students, and collect and maintain data on student progress.The legislature finds that the students receiving intervention support through the dyslexia pilot projects have made substantial and steady academic gains. The legislature intends to sustain this work and expand the implementation to a level of statewide support for students with dyslexia by developing and providing information and training, including a handbook to continue to improve the skills of our students with dyslexia." [2009 c 546 § 1.]
Sec. 7. RCW 28A.300.570 and 2018 c 58 s 29 are each amended to read as follows:Support of reading and early literacy.
In support of reading and early literacy, the office of the superintendent of public instruction is responsible for:
(1) Continuing to work collaboratively with state and regional partners such as the department of children, youth, and families and the educational service districts to establish early literacy benchmarks and standards and to implement the Washington state comprehensive literacy plan;
(2) Disseminating research and information to school districts about evidence-based programs and practices in reading readiness skills, early literacy, and reading instruction;
(3) Providing statewide models to support school districts that are implementing response to intervention initiatives, positive behavior intervention support systems, or other similar comprehensive models of data-based identification and early intervention; and
(4) Within available funds and in partnership with the educational service districts, providing technical assistance and professional development opportunities for school districts to public schools implementing literacy curricula that meet the requirements of RCW 28A.320.202(2) (as recodified by this act); and
(4) Developing, and periodically updating, a dyslexia handbook to be used as a reference for teachers and parents of students who display indications of, or areas of weakness associated with, dyslexia. The handbook must include guidelines for school districts to follow as they identify and provide services for students with dyslexia. Additionally, the handbook must provide school districts and parents with information regarding the state's relevant statutes and their relation to federal special education laws, as well as parental support resources. The handbook must be posted on the website of the office of the superintendent of public instruction.
2018 c 58 § 29; 2013 2nd sp.s. c 18 § 101.
Effective date—2018 c 58: See note following RCW 28A.655.080.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Sec. 8. RCW 28A.300.720 and 2018 c 75 s 5 are each amended to read as follows:Dyslexia recommendations.
(1) By June 1, 2021, the superintendent of public instruction must review the dyslexia advisory council's recommendations required under RCW 28A.300.710 section 4, chapter 75, Laws of 2018 and make available to school districts:
(a) Best practices for school district implementation of screenings as required under RCW 28A.320.260, including trainings for school district staff conducting the screenings, for example, the educator literacy training program delivered under RCW 28A.300.530;
(b) Best practices for using a multitiered systems of support to provide interventions as required under RCW 28A.320.260, including trainings for school district staff in instructional methods specifically targeting students' areas of weakness;
(c) Sample educational information for parents and families related to dyslexia that includes a list of resources for parental support, such as the dyslexia handbook developed under RCW 28A.300.570; and
(d) Best practices to address the needs of students above grade two who show indications of, or areas of weakness associated with, dyslexia.
(2) By February 15, 2022, the superintendent of public instruction must review the dyslexia advisory council's updated report required under RCW 28A.300.710 section 4, chapter 75, Laws of 2018 and revise the best practices and sample educational information made available to school districts required under subsection (1) of this section.
(3) By November 1, 2022, and in compliance with RCW 43.01.036, the superintendent of public instruction must report to the house of representatives and senate education committees with the following information from the 2021-22 school year:
(a) The number of students: (i) Screened pursuant to RCW 28A.320.260; (ii) with indications of, or areas of weakness associated with, dyslexia identified under RCW 28A.300.700; and (iii) provided interventions pursuant to RCW 28A.320.260;
(b) Descriptions from school districts of the types of interventions used in accordance with RCW 28A.320.260 and rates of student progress, when available; and
(c) Descriptions from school districts of the issues districts had related to implementing the provisions of RCW 28A.320.260.
2018 c 75 § 5.
*Reviser's note: RCW 28A.300.710 expired August 1, 2023.
Sec. 9. RCW 28A.320.260 and 2018 c 75 s 2 are each amended to read as follows:Dyslexia interventions.
(1) Beginning in the 2021-22 school year, and as provided in this section, each school district must use a multitiered systems of supports to provide interventions to students in kindergarten through second grade two who display indications of, or areas of weakness associated with, dyslexia. In order to provide school districts with the opportunity to intervene before a student's performance falls significantly below grade level, school districts must screen students in kindergarten through second grade two for indications of, or areas associated with, dyslexia as provided in this section.
(2)(a) School districts must use screening tools and resources that exemplify best practices, as described under RCW 28A.300.700.
(b) School districts may use the screening tools and resources identified by the superintendent of public instruction in accordance with RCW 28A.300.700.
(3)(a) If a student shows indications of below grade level literacy development or indications of, or areas of weakness associated with, dyslexia, the school district must provide interventions using an evidence-based multitiered systems of supports, consistent with the recommendations of the dyslexia advisory council under RCW 28A.300.710 best practices made available by the superintendent of public instruction under RCW 28A.300.720, and as required under this subsection (3).
(b) The interventions must be evidence-based multisensory structured literacy interventions and must be provided by an educator trained in instructional methods specifically targeting students' areas of weakness.
(c) Whenever possible, a school district must begin by providing student supports in the general education classroom. If screening tools and resources indicate that, after receiving the initial tier of student support, a student requires interventions, the school district may provide the interventions in either the general education classroom or a learning assistance program setting. If after receiving interventions, further screening tools and resources indicate that a student continues to have indications of, or areas of weakness associated with, dyslexia, the school district must recommend to the student's parents and family that the student be evaluated for dyslexia or a specific learning disability.
(4) For a student who shows indications of, or areas of weakness associated with, dyslexia, each school district must notify the student's parents and family of the identified indicators and areas of weakness, as well as the plan for using a multitiered systems of supports to provide supports and interventions. The initial notice must also include information relating to dyslexia and resources for parental support the dyslexia handbook developed by the superintendent of public instruction under RCW 28A.300.570. The school district must regularly update the student's parents and family of the student's progress.
(5) School districts may use state funds provided under chapter 28A.165 RCW to meet the requirements of this section.
2018 c 75 § 2.
*Reviser's note: RCW 28A.300.710 expired August 1, 2023.
Sec. 10. RCW 28A.320.202 is recodified as a section in chapter 28A.230 RCW.
Sec. 11. The following acts or parts of acts are each repealed:
1RCW 28A.410.285 (Teacher preparation programs) and 2019 c 295 s 203;
2RCW 28A.415.350 (Professional development learning opportunities—Partnerships) and 2009 c 539 s 4 & 2007 c 402 s 7;
3RCW 28A.415.360 (Learning improvement days—Eligibility—Reports) and 2019 c 252 s 117, 2009 c 548 s 403, & 2007 c 402 s 9; and
4RCW 28A.415.400 (Reading instruction and early literacy—Professional development) and 2013 2nd sp.s. c 18 s 103.