BILL AS INTRODUCED H.826
2024 Page 1 of 25
1 H.826
2 Introduced by Representatives Buss of Woodstock, Austin of Colchester,
3 Bartley of Fairfax, Elder of Starksboro, Farlice-Rubio of Barnet,
4 Gregoire of Fairfield, Headrick of Burlington, Hyman of South
5 Burlington, Logan of Burlington, Mulvaney-Stanak of
6 Burlington, Pajala of Londonderry, Priestley of Bradford,
7 Roberts of Halifax, and Stebbins of Burlington
8 Referred to Committee on
9 Date:
10 Subject: Education; Agency of Education; literacy; educator preparation;
11 reading screening; curriculum
12 Statement of purpose of bill as introduced: This bill proposes to do the
13 following:
14 (1) create the Center of Literacy Research and Reading Success within
15 the Agency of Education to oversee Statewide literacy assessment, instruction,
16 and training;
17 (2) create requirements for screening students for reading proficiency;
18 (3) create requirements for instructional responses for students that
19 exhibit reading deficiencies;
20 (4) create requirements for scientifically based literacy instruction;
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 2 of 25
1 (5) prevent the use of instruction that incorporates the three-cueing
2 system;
3 (6) create standards for educator preparation programs and educator
4 licensing regarding literacy instruction; and
5 (7) create and fund positions within the Agency of Education to support
6 statewide literacy work.
7 An act relating to student supports and literacy
8 It is hereby enacted by the General Assembly of the State of Vermont:
9 * * * Student Supports and Literacy * * *
10 Sec. 1. 16 V.S.A. chapter 99 is amended to read:
11 CHAPTER 99. GENERAL POLICY STUDENT SUPPORTS AND
12 LITERACY
13 Subchapter 1. Student Supports
14 § 2901. SUCCESS FOR ALL STUDENTS IN THE GENERAL
15 EDUCATION ENVIRONMENT
16 ***
17 Subchapter 2. Literacy
18 § 2903. PREVENTING EARLY SCHOOL FAILURE; READING
19 INSTRUCTION
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 3 of 25
1 (a) Statement of policy. The ability to read is critical to success in learning.
2 Children who fail to read by the end of the first grade will likely fall further
3 behind in school. The personal and economic costs of reading failure are
4 enormous both while the student remains in school and long afterward. All
5 students need to receive systematic reading instruction in the early grades from
6 a teacher who is skilled in teaching reading through a variety of instructional
7 strategies that take into account the different learning styles and language
8 backgrounds of the students students’ specific learning needs based on
9 assessment. Some students may require intensive supplemental instruction
10 tailored to the unique specific difficulties encountered.
11 (b) Foundation for literacy. The Center of Literacy Research and Reading
12 Success, in collaboration with the State Board of Education, in collaboration
13 with the Agency of Human Services, higher education, literacy organizations,
14 and others, shall develop a plan for establishing a comprehensive system of
15 services for early education in the first three grades prekindergarten through
16 grade three to ensure that all students learn to read by the end of the third
17 grade. The plan shall be updated at least once every five years following its
18 initial submission in 1998.
19 (c) Reading instruction. A public school that offers instruction in grades
20 one, two, or three shall provide highly effective, research-based reading
21 instruction to all students. In addition, a school shall provide:
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 4 of 25
1 (1) supplemental reading instruction to any enrolled student in grade
2 four whose reading proficiency falls below third grade reading expectations, as
3 defined under subdivision 164(9) of this title; [Repealed.]
4 (2) supplemental reading instruction to any enrolled student in grades 5-
5 12 whose reading proficiency creates a barrier to the student’s success in
6 school; and [Repealed.]
7 (3) support and information to parents and legal guardians. [Repealed.]
8 ***
9 § 2907. DEFINITIONS
10 As used in this subchapter:
11 (1) “Scientifically based reading research” means a body of basic
12 research in developmental psychology, educational psychology, cognitive
13 science, and cognitive neuroscience on reading, which is one of the most
14 complex human behaviors, and its biological bases.
15 (2) “Three-cueing system” means a literacy model that prompts students
16 to identify words using meaning or pictures, sentence structure, and visual cues
17 or memory.
18 § 2908. CENTER OF LITERACY RESEARCH AND READING SUCCESS
19 (a) Creation. The Agency of Education shall establish the Center of
20 Literacy Research and Reading Success within the Agency. The Center shall
21 be managed by a director who shall be qualified by professional training and VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 5 of 25
1 experience in structured literacy, reading disabilities, kindergarten through
2 grade 12 education, and postsecondary education.
3 (b) Responsibilities. The Center shall:
4 (1) ensure compliance with section 1710 of this title for all Vermont
5 postsecondary education institutions that offer education programs in
6 kindergarten through grade six elementary education, grades five through
7 12 English language arts, special education, reading specialization, and school
8 administration;
9 (2) guide school districts in educator professional development in
10 structured literacy and assessment;
11 (3) review and recommend resources for universal and targeted literacy
12 instruction;
13 (4) develop reporting measures for districts to follow;
14 (5) develop a model student reading plan with a checklist of targeted
15 skills;
16 (6) review and provide feedback on data reports submitted by school
17 districts;
18 (7) engage external literacy coaches who have expertise in structured
19 literacy to support school districts in the transition to scientifically based
20 practices;
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 6 of 25
1 (8) offer financial and other incentives to encourage schools with grades
2 five through 12 and career and technical centers to screen students for reading
3 deficiencies;
4 (9) develop and pilot in-person structured literacy programs that
5 effectively close reading gaps; and
6 (10) ensure students in grades five through 12 are prepared for
7 postsecondary and career pathways.
8 (c) Report. Beginning in January 2026, notwithstanding 2 V.S.A. § 20(d),
9 annually on or before January 15, the Center shall report on the progress and
10 status of school districts and Vermont postsecondary educational institutions in
11 the implementation of and compliance with this section. The report shall also
12 include information on the status of the reading performance of students in
13 kindergarten through grade six based on screening and progress monitoring
14 assessments.
15 § 2909. SYSTEMATIC ASSESSMENT FOR READING SCREENING,
16 PROGRESS MONITORING, AND INSTRUCTIONAL RESPONSE
17 (a) Selection of a universal reading screener. On or before September 1,
18 2025, the Center of Literacy Research and Reading Success shall identify and
19 contract for a universal reading screener, with proven psychometrics for
20 validity and reliability, to be used by school districts for all students in
21 kindergarten through grade three and for students below proficiency in grades VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 7 of 25
1 four through eight. The universal reading screener shall be selected from the
2 recommendations contained in the National Council on Teacher Quality’s
3 report entitled “The Four Pillars to Reading Success.” The Agency shall make
4 the universal screener available to districts at no cost.
5 (b) Screener contents.
6 (1) The screener shall be validated for both universal screening of
7 literacy proficiency and risk factors of reading deficiencies and disabilities. It
8 shall include a data collection system and an analysis of skills appropriate to
9 grade-level literacy benchmarks in the fall, winter, and spring of the school
10 year. The assessment shall monitor the progress of those students who do not
11 meet the screening benchmarks to track institutional effectiveness. The
12 screener shall measure skills based on grade-level predictive measures,
13 including:
14 (A) letter sound and naming fluency;
15 (B) phonemic awareness;
16 (C) decoding accuracy of real and nonwords, which permits the
17 evaluation of phonics skills without the use of compensatory strategies, such as
18 memorization, whole word reading, looking at pictures, or guessing based on
19 context;
20 (D) decoding fluency of real and nonwords, which shall measure the
21 efficiency of single word reading to assess automaticity;
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 8 of 25
1 (E) oral reading fluency, which shall include rate and accuracy;
2 (F) reading comprehension;
3 (G) handwriting; and
4 (H) spelling inventory.
5 (2) The reading screener shall:
6 (A) be brief;
7 (B) assist in identifying students at risk for or currently experiencing
8 reading deficiencies; and
9 (C) produce data that:
10 (i) inform teachers’ classroom instruction based on students’
11 performance and gaps in reading; and
12 (ii) inform the groupings of students based on instructional needs
13 for both in-class differentiated instruction and small-group and individual
14 intervention.
15 (c) Screening timing.
16 (1) All public schools and approved independent schools shall screen all
17 students in kindergarten through grade three using a universal reading screener
18 made available by the Agency. The universal screener shall be given in the
19 first 30 days after the start of the school year.
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 9 of 25
1 (2) For students who do not meet reading benchmarks, an instructional
2 assessment shall be conducted throughout the year to monitor reading progress
3 in response to targeted intervention and classroom instruction.
4 (3) Transfer students shall be screened within the first 30 days after the
5 student enrolls in a grade between kindergarten and grade eight if the student
6 transfers into the school or school district midyear.
7 (4) Any student at any grade level, kindergarten through grade 12, shall
8 be screened for reading deficiencies upon the request of the student, parent or
9 guardian, teacher, or other school personnel to determine if the student would
10 benefit from reading intervention within the school’s multitiered system of
11 supports. This reading screening is not a comprehensive evaluation and shall
12 not be used for purposes of identifying a student with a disability or diagnosing
13 a disability.
14 (d) Instructional response.
15 (1) Each student who exhibits a reading deficiency below age-
16 appropriate benchmarks, as demonstrated through the approved universal
17 reading screener conducted in kindergarten through grade three, shall be
18 provided reading intervention within 20 school days following the
19 identification of the reading deficiency. Intervention includes the following as
20 an extension of explicit, systematic, and scientifically based core classroom
21 instruction:
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 10 of 25
1 (A) explicit, direct instruction that is systematic, sequential, and
2 cumulative without presuming prior skills or knowledge of the student outside
3 of screening and instructional assessment results;
4 (B) individualized instruction to meet the specific needs of a student
5 in a setting that uses intensive, highly concentrated instruction methods and
6 materials that maximize student engagement as indicated by the student’s
7 learning needs; and
8 (C) intervention services targeting the skills below benchmark shall
9 be delivered by an individual with sufficient training in scientifically based
10 instructional approaches.
11 (2) Schools shall provide all students below proficiency a prescriptive
12 reading instruction plan, which shall include, at a minimum, the following:
13 (A) a report of the student’s specific reading skill strengths and
14 deficiencies as determined by data collected by the universal reading screener,
15 instructional assessment, progress-monitoring assessment or assessments, and
16 other applicable assessments;
17 (B) individual goals and benchmarks for growth toward grade-level
18 proficiency;
19 (C) a description of instructional services and interventions the
20 student will receive, including the frequency, duration per session, group size,
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 11 of 25
1 and instructional materials used, as well as the start and end dates of the
2 service and intervention;
3 (D) the scientifically based reading curriculum program or programs
4 used in the service or intervention; and
5 (E) any additional services the teacher deems appropriate to support
6 the student’s academic and emotional development, such as executive
7 functioning support or counseling.
8 (3) A school’s instructional and intervention resources shall not include
9 approaches that employ the three-cueing system to identify or decode words.
10 (4) Progress shall be monitored and documented in the student reading
11 plan at least one time each in the fall, winter, and spring and shall be based on
12 the targeted reading skill deficiencies to ensure interventions are effective.
13 (5) Teachers shall analyze students’ reading progress based on
14 monitoring and make appropriate changes to enhance student growth. Changes
15 may include curricular programs, instructional approaches, and group size,
16 frequency, and duration.
17 (e) Parent notification. The parent or guardian of any student who
18 performs below grade level in reading at any time during the school year shall
19 be notified in a dated, written communication, not later than 14 calendar days
20 after the identification of the reading deficiency, and the written notification
21 shall include the following:
VT LEG #373081 v.4
 BILL AS INTRODUCED H.826
2024 Page 12 of 25
1 (1) notification that the student has been identified as having a
2 deficiency in reading and a reading improvement plan will be developed by the
3 teacher, principal or designee, reading specialist, and other applicable school
4 personnel;
5 (2) an invitation to the parent or guardian to participate in the creation
6 and support of the reading plan;
7 (3) the importance of students performing at grade-level reading
8 proficiency; and
9 (4) notification that the parent or guardian will be informed in writing of
10 the student’s pro