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HB-5821, As Passed House, June 10, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 5821
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1280f (MCL 380.1280f), as amended by 2024 PA
146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1280f. (1) The department shall do all of the following 1
to help ensure that more pupils will achieve a score of at least 2
proficient in English language arts on the grade 3 state 3
assessment: 4
(a) Subject to subsection (4) and subject to the availability 5
of valid and reliable assessments, approve 3 or more valid and 6
reliable screening and progress-monitoring reading assessments for 7
selection and use by school districts and public school academies 8
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in accordance with the following: 1
(i) Each approved assessment must provide a screening 2
assessment and monitoring capabilities for monitoring progress 3
toward a growth target. 4
(ii) In determining which assessments to approve for use by 5
school districts and public school academies, the department shall 6
also consider at least the following factors: 7
(A) The time required to conduct the assessments, with the 8
intention of minimizing the impact on instructional time. 9
(B) The level of integration of assessment results with 10
instructional support for teachers and pupils. 11
(C) The timeliness in reporting assessment results to 12
teachers, administrators, and parents. 13
(D) The degree of compatibility with other approved statewide 14
assessment measures, to minimize the impact on instructional time. 15
(b) Recommend or develop a literacy coach model with the 16
following features: 17
(i) Except as otherwise provided in this section, district-18
identified literacy coaches shall support teachers to use what was 19
taught during initial professional development in all of the 20
following: 21
(A) Providing instruction meeting the criteria listed in 22
subsection (10)(a)(iv) as needed, based on an analysis of pupil 23
performance data. 24
(B) Administering, scoring, and interpreting assessments under 25
this section with fidelity. 26
(C) Providing differentiated instruction and intensive 27
intervention, including, but not limited to, methods to intensify 28
instructional interventions for decoding and word recognition. 29
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(D) Using data diagnostically to adjust intervention 1
instruction and to understand reasons why a pupil may not be 2
responding to intervention instruction as expected. 3
(E) Using progress monitoring. 4
(F) Identifying and addressing reading deficiency. 5
(G) Using evidence-based instructional methods and the 6
features of evidence-based interventions for pupils who experience 7
difficulties with decoding and word recognition. 8
(H) The professional learning requirements under subsection 9
(7), as appropriate. 10
(I) The appropriate use of statewide professional learning 11
tools and evidence-based practices that meet the research 12
requirements consistent with the science of reading. 13
(ii) Except as otherwise provided in this section, district-14
identified literacy coaches shall also do all of the following: 15
(A) Model evidence-based instructional strategies for 16
teachers. 17
(B) Facilitate study groups. 18
(C) Advise in developing schoolwide and classroom 19
infrastructure to meet the collective and individual needs of 20
pupils using a multi-tiered system of support (MTSS). 21
(D) Train teachers and school staff in data analysis and using 22
data to differentiate instruction. 23
(E) Coach and mentor colleagues. 24
(F) Work with teachers to ensure that evidence-based reading 25
curriculum resources such as comprehensive core reading curriculum 26
resources and reading intervention programs are implemented with 27
fidelity. 28
(G) Train teachers and school staff to identify and address 29
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reading deficiency. 1
(H) Work with teachers in applying evidence-based reading 2
strategies in other content areas, including, but not limited to, 3
prioritizing time spent on those teachers, activities, and roles 4
that will have the greatest impact on pupil achievement and 5
prioritizing coaching and mentoring in classrooms. 6
(I) Help to increase instructional density to meet the needs 7
of all pupils. 8
(J) Help lead and support reading leadership teams at the 9
school. 10
(K) Continue to increase the district-identified literacy 11
coach's knowledge base in best practices in reading instruction and 12
intervention that are supported by the research requirements 13
consistent with the science of reading. 14
(L) For each teacher who teaches in a classroom for grades K 15
to 3 and for each teacher whose classroom includes a pupil with an 16
individual reading improvement plan, model for the teacher, and 17
coach the teacher in, instruction with pupils in whole and small 18
groups. 19
(iii) In the context of performing the functions described in 20
subparagraph (ii), a district-identified literacy coach must not be 21
asked to perform administrative functions that will confuse the 22
district-identified literacy coach's role for a teacher's role. 23
(iv) District-identified literacy coaches must meet all of the 24
following: 25
(A) Have experience as a successful classroom teacher. 26
(B) Have sufficient knowledge of scientifically based reading 27
research, special expertise in quality reading instruction and 28
infusing reading strategies into content area instruction, and data 29
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management skills. 1
(C) Have a strong knowledge base in working with adults. 2
(D) Have a minimum of a bachelor's degree and advanced 3
coursework in reading or have completed professional development in 4
evidence-based literacy instructional strategies. 5
(E) By the beginning of the 2027-2028 school year, meet the 6
professional learning requirements under subsection (7). 7
(v) A district-identified literacy coach must not be assigned 8
a regular classroom teaching assignment, but is expected to work 9
frequently with pupils in whole and small group intervention 10
instruction by modeling and coaching in or outside of teachers' 11
classrooms. 12
(c) By the beginning of the 2027-2028 school year, provide 13
technical assistance to school districts, intermediate school 14
districts, public school academies, and the schools operated by the 15
school districts, intermediate school districts, and public school 16
academies to aid the school districts, intermediate school 17
districts, public school academies, and the schools operated by the 18
school districts, intermediate school districts, and public school 19
academies in reporting information contained in a pupil's 20
individual reading improvement plan. 21
(2) Beginning not later than September 1, 2025, the department 22
shall develop dyslexia expertise to provide technical assistance to 23
school districts, intermediate school districts, and public school 24
academies regarding dyslexia and underlying factors that place 25
pupils at risk for difficulties in learning to decode accurately 26
and efficiently. The department shall offer expertise under this 27
subsection by providing guidance on at least both of the following: 28
(a) Structured literacy. 29
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(b) Professional learning about dyslexia to school districts, 1
intermediate school districts, and public school academies. 2
(3) To support the implementation of the requirements under 3
this section, the department, based on current research, shall 4
regularly review and update the Michigan Dyslexia Handbook or a 5
similar publicly available dyslexia resource guide that includes 6
information regarding the education of pupils with dyslexia or 7
characteristics of dyslexia, to be used by school districts, 8
intermediate school districts, and public school academies. Reviews 9
and updates under this subsection must be conducted at an interval 10
not to exceed 5 years. 11
(4) By not later than January 1, 2026, the department shall 12
provide a list of approved valid and reliable screening and 13
progress monitoring reading assessments for selection and use by 14
school districts and public school academies under subsection (1) 15
and, in addition to meeting applicable requirements under 16
subsection (1), identify, within each approved assessment for 17
selection and use by school districts and public school academies 18
under subsection (1), a list of the elements of a reliable and 19
valid universal screening assessment for the purpose of identifying 20
pupils with characteristics of dyslexia or difficulties in learning 21
to decode accurately and efficiently that are or are not included 22
in the approved assessment. Beginning not later than September 1, 23
2026, the department shall develop dyslexia expertise to provide 24
technical assistance to school districts, intermediate school 25
districts, and public school academies regarding the appropriate 26
selection and use at each grade level of reliable and valid 27
universal screening assessments for the identification of pupils 28
who exhibit characteristics of dyslexia and pupils who display 29
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difficulties in learning to decode accurately and efficiently, 1
including those described in subsection (1), to minimize the impact 2
on instructional time. 3
(5) By not later than January 1, 2026, the department shall 4
publish a list of not more than 15 evidence-based tier 1, class-5
wide elementary reading curricula and materials that are aligned 6
with science of reading methods that research has shown to improve 7
literacy outcomes and help pupils achieve reading proficiency. The 8
department shall develop dyslexia expertise to provide technical 9
assistance to school districts, intermediate school districts, and 10
public school academies regarding evidence-based instructional 11
methods and the features of evidence-based interventions for pupils 12
exhibiting the characteristics of dyslexia or pupils who have 13
difficulties in learning to decode accurately and efficiently that 14
include instructional methods and curriculum resources that use a 15
code emphasis approach to address the decoding and word-recognition 16
components of reading and that are supported by the science of 17
reading. Except as otherwise provided in this section, the 18
instructional methods and curriculum resources described in this 19
subsection must not include instructional methods or curriculum 20
resources that minimize the importance of primarily using letter-21
sound information to decode or recognize unknown words, including, 22
but not limited to, any of the uses of letter-sound information 23
described in subsection (23)(c)(iii)(A) (24)(c)(iii)(A) to (E), unless 24
such instructional methods and curriculum resources are being used 25
to confirm the meaning of unknown words after decoding has been 26
attempted. 27
(6) By not later than August 1, 2027, each school district, 28
intermediate school district, and public school academy shall 29
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update its selection of a valid and reliable screening and 1
progress-monitoring reading assessment under subsection (9) to 2
ensure that the selected system includes a reliable and valid 3
universal screening assessment in accordance with subsection (4) 4
and the guidance provided by the department under subsection (4), 5
if it does not do so already. In complying with this subsection, a 6
school district, intermediate school district, or public school 7
academy shall minimize the impact on instructional time by 8
selecting approved assessments that include elements fulfilling 9
multiple assessment requirements as described in subsection (18), 10
or, when appropriate, by adding approved assessment measures or 11
combining compatible approved assessments that, when utilized 12
together, include all of the elements of a reliable and valid 13
universal screening assessment. 14
(7) By not later than the beginning of the 2027-2028 school 15
year, each school district, intermediate school district, and 16
public school academy shall provide assurance to the department 17
that all literacy consultants, literacy coaches, and other 18
personnel providing reading intervention or reading instruction to 19
grades K to 12 pupils in the school district, intermediate school 20
district, or public school academy received professional learning, 21
as determined by the department, regarding all of the following: 22
(a) The characteristics of dyslexia and underlying factors 23
that place pupils at risk for difficulties in learning to decode 24
accurately and efficiently. 25
(b) Secondary consequences of dyslexia, such as problems in 26
reading comprehension and a reduced reading experience that can 27
impede the growth of vocabulary and background knowledge and lead 28
to social, emotional, and behavioral difficulties. 29
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(c) Instructional adjustments for pupils with dyslexia and 1
instructional adjustments to address the underlying factors that 2
place pupils at risk for difficulties in learning to decode 3
accurately and efficiently. 4
(d) Methods to develop schoolwide and classroom infrastructure 5
to meet the collective and individual needs of pupils using a 6
multi-tiered system of support (MTSS). 7
(e) Evidence-based instructional methods and features of 8
evidence-based interventions that are grounded in the science of 9
reading and principles of structured literacy that are designed for 10
pupils with characteristics of dyslexia and pupils at risk for 11
difficulties in learning to decode accurately and efficiently. 12
(f) Evidence-based instructional methods and features of 13
evidence-based interventions that are grounded in the science of 14
reading and principles of structured literacy that are designed to 15
effectively meet the needs of most pupils. 16
(8) The completion of a program of study approved under 17
section 1531e fulfills the requirements of subsection (7). 18
(9) Subject to subsection (28), (29), a school district or 19
public school academy shall do all of the following to ensure that 20
more pupils will achieve a score of at least proficient in English 21
language arts on the grade 3 state assessment: 22
(a) Select 1 valid and reliable screening and 1 progress-23
monitoring reading assessment from the assessments approved by the 24
department under subsection (1)(a). A school district or public 25
school academy shall use these assessments for pupils in grades K 26
to 3 to screen and identify difficulties, inform instruction and 27
intervention needs, and assess progress toward a growth target. A 28
school district or public school academy periodically shall assess 29
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a pupil's progress in reading skills at least 3 times per school 1
year in grades K to 3. The first of these assessments for a school 2
year in kindergarten must be conducted within the first 90 school 3
days of the school year. The first of these assessments for a 4
school year in grades 1 to 3 must be conducted within the first 30 5
school days of the school year. Beginning in the 2027-2028 school 6
year, screening of pupils in grades K to 3 under this subdivision 7
must meet the requirements in subsections (15), (16), (17), (19), 8
and (20). 9
(b) For any pupil in grades K to 3 who exhibits reading 10
deficiency at any time based on the reading assessment selected and 11
used under subdivision (a) and for pupils required to have a 12
reading intervention plan under this section, provide an individual 13
reading improvement plan for the pupil within 30 days after the 14
identification of the reading deficiency. The individual reading 15
improvement plan must be created by the pupil's teacher, school 16
principal, and parent or legal guardian and other pertinent school 17
personnel, and must describe the reading intervention services the 18
pupil will receive to remedy the reading deficiency. A school 19
district or public school academy shall provide reading 20
intervention for the pupil in accordance with the individual 21
reading improvement plan until the pupil no longer has a reading 22
deficiency. 23
(c) If a pupil in grades K to 3 is identified as having an 24
early literacy delay or reading deficiency, provide written notice 25
to the pupil's parent or legal guardian of the delay or reading 26
deficiency in writing and provide tools to assist the parent or 27
legal guardian to engage in intervention and to address or correct 28
any reading deficiency at home. 29
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(d) Require a school principal or chief administrator to do 1
all of the following: 2
(i) For a teacher in grades K to 3, target specific areas of 3
professional development based on the reading development needs 4
data for incoming pupils. 5
(ii) Differentiate and intensify professional development for 6
teachers based on data gathered by monitoring teacher progress in 7
improving pupil proficiency rates among their pupils. 8
(iii) Establish a collaborative system within the school to 9
improve reading proficiency rates in grades K to 3. 10
(iv) Ensure that time is provided for teachers to meet for 11
professional development. 12
(e) Utilize early literacy coaches provided through the 13
intermediate school district in which the school district or public 14
school academy is located, as provided for under section 35a(4) of 15
the state school aid act of 1979, MCL 388.1635a. However, a public 16
school academy may use a literacy coach provided by the public 17
school academy, at the expense of the public school academy, rather 18
than using a literacy coach provided through an intermediate school 19
district if the literacy coach and the usage of the literacy coach 20
otherwise meet the requirements of this section. 21
(10) Subject to subsection (28), (29), a school district or 22
public school academy shall provide reading intervention for pupils 23
in grades K to 3, pupils in any grade required to have a reading 24
improvement plan under subsection (23), (24), and pupils required 25
to have a reading intervention plan under subsection (24), (25), 26
including at least all of the following, as applicable: 27
(a) For pupils who exhibit a reading deficiency, a reading 28
intervention using intervention curriculum resources and evidence-29
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based practices aligned to the research requirements consistent 1
with the science of reading intended to ensure that pupils are 2
proficient readers by the end of grade 3 and that includes some or 3
all of the following features: 4
(i) Is provided to each pupil who is identified with a reading 5
deficiency based on screening and other assessments that are used 6
to identify the source of the reading difficulty, and identifies 7
and addresses the pupil's reading deficiency. 8
(ii) Periodically screens each pupil's reading skills at least 9
3 times per year and monitors the progress of each pupil's reading 10
skills as recommended by the progress-monitoring assessment 11
guidelines provided under subsection (4). 12
(iii) Provides evidence-based tier 1, class-wide reading 13
instruction that is comprehensive and meets the majority of the 14
general education classroom needs. 15
(iv) Provides reading intervention that meets, at a minimum, 16
the following specifications: 17
(A) Assists pupils exhibiting a reading deficiency in 18
developing the ability to read at grade level. 19
(B) Provides intensive development in evidence-based reading 20
instructional practices, including, but not limited to, phonemic 21
awareness, phonics, fluency, vocabulary, comprehension, and other 22
skills or processes consistent with structured literacy. 23
(C) Provides extensive explicit instruction consistent with 24
structured literacy in decoding, word recognition, spelling, 25
writing, and language comprehension skills, including vocabulary, 26
morphology, and syntax, and processes for skillful reading. 27
(D) Is systematic and explicit. 28
(E) Is implemented during regular school hours in addition to 29
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regular classroom reading instruction. 1
(v) Provides parents, legal guardians, or other providers of 2
care for the pupil with a read-at-home plan, including parent, 3
guardian, or care provider training workshops and regular home 4
reading. 5
(vi) Documents efforts by the pupil's school to engage the 6
pupil's parent or legal guardian and whether those efforts were 7
successful. 8
(vii) Documents any dissenting opinions expressed by school 9
personnel or a parent or legal guardian concerning the individual 10
reading improvement plan provided for the pupil under subsection 11
(9)(b). 12
(b) For grade 3 pupils exhibiting a reading deficiency as 13
determined by the pupil's teacher through the screening assessment 14
and other assessments selected by the school district or public 15
school academy under subsection (9)(a) and for pupils in grades K 16
to 12 who are receiving increasingly intensive tier 2 and tier 3 17
support as described in subsection (23)(g), (24)(g), a reading 18
intervention program intended to correct the identified area or 19
areas of reading deficiency and that includes all of the following 20
features as needed by the individual pupil: 21
(i) Is evidence-based, is consistent with structured literacy, 22
and has proven results in accelerating pupil reading achievement 23
within the same school year. 24
(ii) Provides more dedicated time than the pupil's previous 25
school year in evidence-based reading instruction and intervention. 26
(iii) Provides daily targeted small group or 1-to-1 reading 27
intervention based on pupil needs as determined by assessment data, 28
including explicit and systematic instruction with more detailed 29
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and varied explanations, modeling and examples, and more extensive 1
opportunities for guided practice incorporating error correction 2
and feedback for pupils to develop mastery. 3
(iv) Provides administration of ongoing progress monitoring 4
assessments to frequently monitor pupil progress. 5
(v) Provides a written description of the pupil's individual 6
reading intervention program in the pupil's individual reading 7
improvement plan, including at least all of the following: 8
(A) Quarterly and annual learning goals that describe how and 9
when the pupil is expected to progress from the pupil's current 10
reading proficiency level to grade level proficiency. 11
(B) The name, if any, type, content, frequency, and duration 12
of evidence-based interventions, curriculum resources, and 13
assessments that will be utilized, and the extent to which these 14
conform to best practices identified by the department for 15
addressing the pupil's specific identified reading difficulties. 16
(C) A summary of why the intervention resources and evidence-17
based practices selected for the pupil's individual reading 18
intervention are best suited to address the pupil's particular 19
needs. 20
(D) A description of the assessment data and the pupil's 21
assessment scores that will be used to monitor the pupil's progress 22
under subparagraph (iv) and adaptations to the intervention 23
instruction that will be provided based on feedback from the 24
assessments. 25
(E) Information about adjustments that may be made to 26
intensify the intervention instruction as needed. 27
(F) The pupil's unique identifier. 28
(G) A date by which the pupil's teacher, school principal, 29
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parent or legal guardian, and other appropriate school staff shall 1
annually review and update the pupil's individual reading 2
improvement plan, including reviewing if the learning goals have 3
been met or when the learning goals will be met. 4
(vi) Is administered with fidelity. 5
(vii) Provides supplemental evidence-based reading intervention 6
delivered by a teacher, tutor, or volunteer with specialized 7
reading training that is provided before school, after school, 8
during school hours but outside of regular English language arts 9
classroom time, or any combination of these. 10
(viii) Provides parents, legal guardians, or other providers of 11
care for a pupil with a read-at-home plan, including parent, 12
guardian, or care provider training workshops and regular home 13
reading. 14
(ix) Documents efforts by the pupil's school to engage the 15
pupil's parent or legal guardian and whether those efforts were 16
successful. 17
(x) Documents any dissenting opinions expressed by school 18
personnel or a parent or legal guardian concerning the individual 19
reading improvement plan provided for the pupil under subsection 20
(9)(b). 21
(c) Subject to subsection (29), (30), for pupils who are 22
English language learners and who have been identified as 23
demonstrating characteristics of dyslexia or difficulty decoding by 24
an appropriate screening assessment administered under subsection 25
(20) or (21) that is consistent with department guidance provided 26
under subsection (4) to distinguish characteristics of dyslexia 27
from limited English proficiency, intervention services that 28
include at least all of the following: 29
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(i) Language support in word recognition and decoding. 1
(ii) Language comprehension skills to support expanding 2
vocabulary and understanding text. 3
(iii) Intentional English language development that includes, 4
but is not limited to, using only the words and text to teach 5
decoding and word recognition. 6
(iv) Instruction meeting the criteria listed in subdivision 7
(a)(iv). 8
(11) For all pupils exhibiting a reading deficiency as 9
determined by the pupil's teacher through the reading assessment 10
selected by the school district or public school academy under 11
subsection (9)(a), school districts and public school academies are 12
encouraged to offer summer reading camps staffed with effective 13
teachers of reading, as determined by the teacher evaluation system 14
under section 1249, providing reading intervention services and 15
supports to correct pupils' identified areas of reading deficiency. 16
(12) By July 31 of each year, the department shall notify the 17
parent or legal guardian of a pupil completing grade 3 who scored 18
not proficient in reading based on the state English language arts 19
assessment of all of the following by certified mail and in a clear 20
format: 21
(a) That the pupil has scored not proficient in reading based 22
on the state English language arts assessment. 23
(b) That the school is required to provide the pupil with the 24
supports described in subsection (13). 25
(c) The supports and interventions required to be made 26
available to the pupil under the laws of this state. 27
(d) That the parent or legal guardian has the right to request 28
a meeting with school officials to discuss supports and 29
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interventions. 1
(13) Except as otherwise provided in this section, for a pupil 2
who has a reading deficiency based on the screening assessment, the 3
school district or public school academy shall provide a reading 4
intervention that is intended to correct the pupil's specific 5
reading deficiency, as identified by a valid and reliable 6
assessment. The intervention must include evidence-based 7
instructional strategies that are aligned to the research 8
requirements consistent with the science of reading to assist the 9
pupil in becoming a successful reader. 10
(14) A school district or public school academy shall provide 11
a copy of each pupil's individual reading improvement plan to the 12
school district's intermediate school district or the intermediate 13
school district that has geographic boundaries that include the 14
area in which the public school academy is located. A copy of a 15
pupil's individual reading improvement plan provided under this 16
subsection must not contain any identifying information regarding 17
the pupil or a teacher that provides instruction to the pupil. The 18
intermediate school district shall collate the information received 19
under this subsection and provide it to the department each school 20
year in a timeline and manner as determined by the department. The 21
department shall not share a pupil's individual reading improvement 22
plan with an outside vendor. 23
(15) By not later than the beginning of the 2027-2028 school 24
year, and each school year thereafter, subject to subsections (17) 25
and (20), a school district, an intermediate school district, or a 26
public school academy shall ensure that each pupil described in 27
this subsection is screened for characteristics of dyslexia and 28
difficulties in learning to decode accurately and efficiently using 29
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a reliable and valid universal screening assessment. All of the 1
following pupils enrolled in the school district, intermediate 2
school district, or public school academy must be screened as 3
described under this subsection: 4
(a) Each pupil during kindergarten, grade 1, grade 2, and 5
grade 3. 6
(b) Each pupil who is in kindergarten, grade 1, grade 2, or 7
grade 3 who transferred to the school district, intermediate school 8
district, or public school academy from another school district, 9
intermediate school district, or public school academy in this 10
state and who has not been screened for characteristics of dyslexia 11
and difficulties in learning to decode accurately and efficiently 12
using a reliable and valid universal screening assessment. 13
(c) Each pupil who is in kindergarten, grade 1, grade 2, or 14
grade 3 who has transferred to the school district, intermediate 15
school district, or public school academy from a school that is not 16
located in this state, unless the pupil presents written 17
documentation to the school district, intermediate school district, 18
or public school academy showing that the pupil was subject to a 19
reliable and valid universal screening assessment. 20
(d) Each pupil who is in any of grades 4 to 12 who, as 21
determined by that pupil's teacher, educational-support staff, or 22
the pupil's parent or legal guardian, demonstrates any of the 23
following: 24
(i) Escape or avoidance behaviors when asked to engage in 25
reading or writing activities. 26
(ii) Effortful or laborious reading. 27
(iii) Reading-comprehension difficulties caused by inaccurate or 28
inefficient word reading. 29
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(iv) Significant spelling or encoding difficulties not caused 1
by fine-motor or visual-motor difficulties. 2
(v) Low performance on school-district-, intermediate-school-3
district-, or public-school-academy-approved English language arts 4
standards. 5
(vi) Low performance on school-district-, intermediate-school-6
district-, or public-school-academy-approved standardized 7
assessments. 8
(vii) Reading deficiency. 9
(16) A school district, intermediate school district, or 10
public school academy shall screen pupils under subsection (15) 11
with fidelity. 12
(17) Pupils required to be screened under subsection (15)(a) 13
must be screened, as described in subsection (15), no fewer than 3 14
times during a school year. Pupils required to be screened under 15
subsection (15)(b) or (c) must be screened within 90 days of 16
enrollment and thereafter on the same screening schedule as other 17
pupils in the same grade level. 18
(18) If the department determines that a benchmark assessment 19
or a valid and reliable screening and progress-monitoring reading 20
assessment suite selected by a school district or public school 21
academy under subsection (9) includes a reliable and valid 22
universal screening assessment, that assessment or assessment 23
system selected under subsection (9) may be utilized to meet the 24
requirement under subsection (15). 25
(19) Beginning with the 2027-2028 school year, for a pupil 26
described in subsection (15)(d), the school district, intermediate 27
school district, or public school academy in which the pupil is 28
enrolled shall ensure that additional assessment data is gathered, 29
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including the pupil's historical results on reliable and valid 1
universal screening assessments as available, and shall review this 2
data with the pupil's teacher and school staff to inform the 3
frequency of screening assessments that should be administered to 4
the pupil to avoid unnecessary assessment while effectively 5
assessing whether the pupil demonstrates characteristics of 6
dyslexia, difficulties in learning to decode, or difficulties with 7
word reading that may require an intervention placement for the 8
pupil based on the guidance provided by the department under 9
subsection (5). 10
(20) Beginning in the 2027-2028 school year, except as 11
otherwise provided in this subsection, a pupil who is an English 12
language learner and who has been assessed at an entering level or 13
beginning level of English language proficiency on a state-required 14
language proficiency assessment, or at a comparable level in 15
accordance with department guidance under subsection (2), is not 16
required to be screened for characteristics of dyslexia and 17
difficulties in learning to decode under subsection (15). However, 18
the pupil is required to be screened for characteristics of 19
dyslexia and difficulties in learning to decode under subsection 20
(15) if, in accordance with the department guidance under 21
subsection (4), school staff determine that the pupil appears to 22
demonstrate characteristics of dyslexia that are not due to 23
language transference or limited English proficiency. 24
(21) Beginning in the 2027-2028 school year, a pupil who is an 25
English language learner and who has been assessed at a developing 26
level or higher on a state-required language proficiency 27
assessment, or at a comparable level in accordance with department 28
guidance under subsection (4), must be screened for characteristics 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
of dyslexia and difficulty decoding as appropriate for the pupil's 1
grade level under subsection (15), and, as appropriate and 2
consistent with department guidance, the pupil's screening must 3
include spelling skills, phonemic awareness in the pupil's native 4
language, and oral reading fluency in the pupil's native language. 5
(22) Beginning with the 2027-2028 school year, school 6
districts, intermediate school districts, and public school 7
academies shall ensure that reading instruction and curriculum 8
materials are evidence-based, with a focus on pupils' mastery of 9
the foundational reading skills of phonemic awareness, phonics, 10
fluency, and the development of other reading skills, including, 11
but not limited to, development of oral language, vocabulary, and 12
reading comprehension. Pupils must be provided instruction aligned 13
with science of reading methods that research shows improve 14
literacy outcomes and help pupils achieve reading proficiency. 15
(23) Beginning with the 2027-2028 school year, school 16
districts, intermediate school districts, and public school 17
academies shall ensure that reading instruction and curriculum 18
materials used by the school district, intermediate school 19
district, or public school academy are selected from the list 20
published by the department under subsection (5), or developed by 21
the school district, intermediate school district, or public school 22
academy and approved by the department. The department shall 23
establish and maintain a process through which a school district, 24
intermediate school district, or public school academy may submit a 25
locally-developed or self-created literacy curriculum for approval, 26
and shall approve a locally-developed or self-created literacy 27
curriculum if the department determines that the locally-developed 28
or self-created literacy curriculum substantially aligns with 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
evidence-based literacy practices and demonstrates effectiveness in 1
improving student literacy outcomes. The approval process 2
established by the department under this subsection must include at 3
least all of the following: 4
(a) A standardized application and review process. 5
(b) Clear review criteria aligned to evidence-based literacy 6
practices and the science of reading. 7
(c) An opportunity for the submitting school district, 8
intermediate school district or public school academy to provide 9
supporting documentation, implementation materials, student 10
performance data, and research supporting the curriculum. 11
(d) A timeline for department review and approval decisions 12
that does not exceed 90 days after submission of a complete 13
application. 14
(e) Written feedback from the department if the submitted 15
curriculum is denied approval, including recommendations necessary 16
for approval. 17
(f) An opportunity for resubmission following revisions. 18
(24) (23) Beginning with the 2027-2028 school year, if a 19
reliable and valid universal screening assessment indicates that a 20
pupil is exhibiting characteristics of dyslexia or indicates that 21
the pupil is experiencing difficulty in learning to decode 22
accurately and efficiently, the school district, intermediate 23
school district, or public school academy in which the pupil is 24
enrolled shall ensure that a multi-tiered system of support (MTSS) 25
is provided to the pupil, including, but not limited to, decoding 26
and word recognition instruction in the tiered delivery system. 27
Beginning with the 2027-2028 school year, if a reliable and valid 28
universal screening assessment indicates that a pupil is exhibiting 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
characteristics of dyslexia or indicates that the pupil is 1
experiencing difficulty in learning to decode accurately and 2
efficiently, a reading intervention program provided under this 3
section must be part of a multi-tiered system of support (MTSS). 4
The multi-tiered system of support (MTSS) described in this 5
subsection must meet all of the following: 6
(a) Be a comprehensive framework composed of a collection of 7
evidence-based strategies designed to meet the individual needs and 8
assets of the whole pupil at all achievement levels. 9
(b) Include 3 distinct tiers of instructional support. 10
(c) Tier 1 support of the 3 distinct tiers of instructional 11
support described in subdivision (b) must, at a minimum, meet all 12
of the following: 13
(i) Encompass a combination of evidence-based strategies that 14
are available to all learners. 15
(ii) Effectively meet the needs of most pupils. 16
(iii) For the instructional methods and curriculum resources 17
under this tier used to address the decoding and word-recognition 18
components of reading, use a code emphasis instructional approach 19
and be supported by the science of reading. Except as otherwise 20
provided in this section, the instructional methods and curriculum 21
resources described in this subparagraph must not include 22
instructional methods or curriculum resources that minimize the 23
importance of primarily using letter-sound information to decode or 24
recognize unknown words, including, but not limited to, any of the 25
following, unless such instructional methods and curriculum 26
resources are being used to confirm the meaning of unknown words 27
after decoding has been attempted: 28
(A) Prompting pupils to guess unknown words using pictures and 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
illustrations. 1
(B) Skipping over an unknown word or words to use the meaning 2
of the passage to recognize the unknown word or words. 3
(C) Identifying only the first sound of an unknown word and 4
then being prompted to guess the word using the word's initial 5
sound and the meaning of the text surrounding the word. 6
(D) Memorizing a word in its written form. 7
(E) Using predictable text and leveled text to provide initial 8
word recognition instruction and practice in reading new learned 9
letter-sound correspondences. 10
(d) Tier 2 support of the 3 distinct tiers of instructional 11
support described in subdivision (b) must be provided to small 12
groups of pupils to whom at least 1 of the following applies: 13
(i) Screening-assessment data indicate a need for intervention 14
to address difficulties in learning to decode and recognizing words 15
accurately and efficiently. 16
(ii) Tier 1 instructional data indicate a need for intervention 17
to address difficulties in learning to decode and recognizing 18
words. 19
(e) Provide that tier 2 support, as described in subdivision 20
(d), must include instructional methods and curriculum resources 21
that use a code emphasis approach to address the decoding and word-22
recognition components of reading and that are supported by the 23
science of reading. The instructional methods and curriculum 24
resources described in this subdivision must include, but are not 25
limited to, specialized instructional procedures, duration, and 26
frequency. However, these instructional methods and curriculum 27
resources must not include instructional methods or curriculum 28
resources that minimize the importance of primarily using letter-29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
sound information to decode or recognize unknown words, including, 1
but not limited to, any of the uses of letter-sound information 2
described in subdivision (c)(iii)(A) to (E), unless such 3
instructional methods and curriculum resources are being used to 4
confirm the meaning of unknown words after decoding has been 5
attempted. 6
(f) Provide that pupils receiving intervention consisting of 7
tier 2 support, as described in subdivision (d), must have their 8
progress monitored by the individuals providing the intervention 9
instruction using appropriate assessments to determine the pupils' 10
response to intervention instruction. 11
(g) Provide that, if pupils who are receiving intervention at 12
the tier 2 level of support as described in this subsection are not 13
making measurable progress in response to reading intervention at a 14
rate that will result in meaningful improvements in performance, 15
intensive tier 3 support must be provided to the pupil using 16
evidence-based instructional adaptations that must be documented in 17
the pupil's individual reading improvement plan. If the pupil is 18
determined to have a specific learning disability in reading, these 19
interventions may be provided through the student's individualized 20
education plan. 21
(h) Provide that a pupil described in subdivision (g) has a 22
current individual reading intervention plan meeting the 23
requirements of subsection (10)(b). 24
(i) Provide that, for the purposes of subdivision (g), an 25
intervention response team at the school district, intermediate 26
school district, or public school academy in which a pupil 27
described in subdivision (g) is enrolled shall refine the pupil's 28
individual reading improvement plan with the teacher providing the 29
26
CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
intervention instruction to the pupil under subdivision (g) to 1
meaningfully accelerate reading outcomes. 2
(j) Provide that, if a pupil's response to the intervention 3
instruction described in subdivisions (a) to (g) or subsection (10) 4
is insufficient and there is reason to suspect the pupil has a 5
disability, subject to state and federal laws concerning special 6
education, the school district, intermediate school district, or 7
public school academy must consider the need for a full and 8
comprehensive evaluation to determine eligibility for special 9
education services. 10
(25) (24) Beginning with the 2027-2028 school year, if a 11
reliable and valid universal screening assessment indicates the 12
need for intervention, to the extent that the school district, 13
intermediate school district, or public school academy is not 14
already providing the pupil with the evidence-based intervention 15
services described in subsections (10) and (23), (24), the school 16
district, intermediate school district, or public school academy in 17
which the pupil is enrolled shall provide the pupil with evidence-18
based intervention services that are grounded in the science of 19
reading and the principles of structured literacy approaches or 20
programs. 21
(26) (25) A school district, an intermediate school district, 22
or a public school academy shall ensure that the necessary 23
accommodations or equipment are provided to pupils as required 24
under section 504 of title V of the rehabilitation act of 1973, 29 25
USC 794, and title II of the Americans with disabilities act of 26
1990, 42 USC 12131 to 12165. 27
(27) (26) If the parent or legal guardian of a pupil has an 28
independent, comprehensive evaluation conducted for dyslexia or 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
other learning disabilities, the school district, intermediate 1
school district, or public school academy in which the pupil is 2
enrolled shall ensure that any applicable requirements under the 3
individuals with disabilities education act, Public Law 108-446, 4
are fulfilled. 5
(28) (27) If a school district or public school academy cannot 6
furnish the number of teachers needed to satisfy 1 or more of the 7
criteria set forth in this section for a school year, then by the 8
August 15 before the beginning of that school year the school 9
district or public school academy shall develop a staffing plan for 10
providing services under this section. The school district or 11
public school academy shall post the staffing plan on its website 12
for the applicable school year. The staffing plan must include at 13
least all of the following: 14
(a) A description of the criteria that will be used to assign 15
a pupil who has been identified as not proficient in English 16
language arts to a teacher. 17
(b) The credentials or training held by teachers currently 18
teaching at the school. 19
(c) How the school district or public school academy will meet 20
the requirements under this section. 21
(29) (28) This section does not require or state an intention 22
to require a school district or public school academy to supplant 23
state funds with federal funds for implementing or supporting the 24
activities under this section and does not prohibit a school 25
district or public school academy from continuing to use federal 26
funds for any of the purposes or activities described in this 27
section. 28
(30) (29) For pupils identified as English language learners 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
by the pupil's teacher or other school staff or by a state-required 1
language proficiency assessment, if available staff resources 2
allow, a school district or public school academy is encouraged to 3
provide the following intervention services in addition to those 4
required under subsection (10)(c): 5
(a) Instruction in the pupil's native language, with 6
withdrawal of that instruction as appropriate as the pupil improves 7
the pupil's English language skills. A school district or public 8
school academy is encouraged to provide this support for at least 9
pupils whose native language is Spanish, Chinese, Hindi, Korean, or 10
Arabic. 11
(b) Opportunities for speech production. 12
(c) Common English language development strategies such as 13
modeling, guided practice, and comprehensive input. 14
(d) Feedback for the pupil, including explanations in the 15
pupil's native language. 16
(31) (30) An individual who is not a district-identified 17
literacy coach may be utilized to meet the requirements under 18
subsection (1)(b)(i) and (ii) if that individual meets the 19
requirements that a district-identified literacy coach must meet 20
under subsection (1)(b)(iv). 21
(32) (31) The instructional methods and curriculum resources 22
described in subsection (23)(c)(iii)(A) (24)(c)(iii)(A) to (E) may be 23
used, as appropriate, for purposes other than addressing decoding 24
and word-recognition components of reading and for any purpose to 25
comply with section 504 of title V of the rehabilitation act of 26
1973, 29 USC 794, or title II of the Americans with disabilities 27
act of 1990, 42 USC 12131 to 12165. 28
(33) (32) As used in this section: 29
29
CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
(a) "Benchmark assessment" means an assessment administered 1
periodically throughout a school year and used for 1 or more of the 2
following purposes: 3
(i) To predict and identify learner readiness for success on a 4
later summative assessment. 5
(ii) To evaluate ongoing education programs and interventions. 6
(iii) To provide teachers with individual learners' performance 7
data to inform instruction. 8
(b) "CEPI" means the center for educational performance and 9
information created under section 94a of the state school aid act 10
of 1979, MCL 388.1694a. 11
(c) "Cloze reading procedure" means an objective reading 12
assessment that deletes words in a designed reading passage. 13
(d) "Code emphasis" means direct, explicit instruction on the 14
code system of written English at the sound, syllable, morpheme, 15
and word level so pupils develop automaticity in accurate sound-16
symbol associations used for word recognition and for developing a 17
robust sight-word vocabulary. 18
(e) "Cumulative" means the practice of basing new concepts on 19
those previously learned and maximizing retention of concepts 20
through regular, systematic review to gain automaticity and 21
fluency. 22
(f) "Diagnostic instruction" means continuous assessment and 23
individualization of instruction to meet each pupil's instructional 24
needs. 25
(g) "Dyslexia" means both of the following: 26
(i) A specific learning disorder that is neurobiological in 27
origin and characterized by difficulties with accurate or fluent 28
word recognition and by poor spelling and decoding abilities that 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
typically result from a deficit in the phonological component of 1
language that is often unexpected in relation to other cognitive 2
abilities and the provision of effective classroom instruction. 3
(ii) A specific learning disorder that may include secondary 4
consequences, such as problems in reading comprehension and a 5
reduced reading experience that can impede the growth of vocabulary 6
and lead to social, emotional, and behavioral difficulties. 7
(h) "Evidence-based" means an activity, program, process, 8
service, strategy, or intervention that demonstrates statistically 9
significant effects on improving pupil outcomes or other relevant 10
outcomes and that meets at least both of the following: 11
(i) At least 1 of the following: 12
(A) Is based on strong evidence from at least 1 well-designed 13
and well-implemented experimental study. 14
(B) Is based on moderate evidence from at least 1 well-15
designed and well-implemented quasi-experimental study. 16
(C) Is based on promising evidence from at least 1 well-17
designed and well-implemented correlational study with statistical 18
controls for selection bias. 19
(D) Demonstrates a rationale based on high-quality research 20
findings or positive evaluation that the activity, program, 21
process, service, strategy, or intervention is likely to improve 22
pupil outcomes or other relevant outcomes. 23
(ii) Includes ongoing efforts to examine the effects of the 24
activity, program, process, service, strategy, or intervention. 25
(i) "Explicit" means direct and deliberate instruction through 26
continuous pupil-teacher interaction that includes explanation, 27
teacher modeling or example, and multiple opportunities to practice 28
with feedback for students to develop mastery. 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
(j) "Fidelity" means the extent to which an assessment or 1
intervention is implemented as it was designed. 2
(k) "Intervention response team" means a group of individuals 3
with expertise in assessments, literacy, working with English 4
language learners, working with pupils with disabilities, and 5
behavioral efforts who develop individualized plans to support 6
pupils with significant and persistent needs. An intervention 7
response team must include at least 1 certificated teacher who has 8
English as a second language or bilingual education as an 9
endorsement on the teacher's certificate. 10
(l) "Leveled text" means text that has characteristics of 11
predictable text and text focused on teaching high-frequency words 12
without regard to sound-symbol associations. Leveled texts are 13
assigned a level based on a difficulty scale according to print 14
features, content, themes, ideas, text structure, language, and 15
literary elements. Leveled text does not provide pupils 16
opportunities to apply newly learned phonological and orthographic 17
knowledge. 18
(m) "Multi-tiered system of support (MTSS)" means a 19
comprehensive framework that includes 3 distinct tiers of 20
instructional support and is composed of a collection of evidence-21
based strategies designed to meet the individual needs and assets 22
of a whole pupil at all achievement levels. 23
(n) "Phonemic awareness" means the conscious awareness of all 24
of the following: 25
(i) Individual speech sounds, including, but not limited to, 26
consonants and vowels, in spoken syllables. 27
(ii) The ability to consciously manipulate through, including, 28
but not limited to, matching, blending, segmenting, deleting, or 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
substituting, individual speech sounds described in subparagraph 1
(i). 2
(iii) All levels of the speech sound system, including, but not 3
limited to, word boundaries, rhyme recognition, stress patterns, 4
syllables, onset-rime units, and phonemes. 5
(o) "Predictable text" means text that replicates language 6
patterns using rhythm and rhyme to teach pupils phrasing and 7
cadence. 8
(p) "Progress-monitoring assessment" means an assessment used 9
after a pupil is identified and matched with intervention support 10
to determine if the pupil continues to need intervention, if 11
supports need to be modified or changed, or if supports can be 12
faded. 13
(q) "Reading deficiency" means scoring below grade level or 14
being determined to be at risk of not meeting grade-level reading 15
expectations based on a screening assessment, standardized 16
summative assessment, or progress monitoring. 17
(r) "Reading leadership team" means a collaborative system led 18
by a school building's principal or program director and consisting 19
of a cross-section of faculty who are interested in working to 20
improve literacy instruction across the curriculum. 21
(s) "Reliable" means something that is based on the 22
consistency of a set of scores that are designed to measure the 23
same thing. 24
(t) "Science of reading" means a cumulative and evolving body 25
of evidence whose research studies follow a scientific process of 26
inquiry and utilize scientific methods to help answer questions 27
related to reading development and issues related to reading and 28
writing derived from research from multiple fields of cognitive 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
psychology, communication sciences, developmental psychology, 1
education, special education, implementation science, linguistics, 2
and neuroscience. 3
(u) "Screening assessment" means an assessment designed to 4
proactively identify pupils who may be at risk of developing 5
academic, social, emotional, or behavioral challenges so that 6
support can be provided and to provide data to inform systems-level 7
decisions. All of the following apply to a screening assessment: 8
(i) A screening assessment must include, as appropriate for 9
grade level or age as determined by the department, in alignment 10
with the guidelines described in subsections (2) and (4), elements 11
designed to identify difficulties in learning to decode and 12
recognize words, including at least all of the following: 13
(A) Phonemic awareness. 14
(B) Rapid automatized naming. 15
(C) Letter-sound correspondence. 16
(D) Single-word reading. 17
(E) Nonsense-word reading. 18
(F) Oral passage reading fluency. 19
(ii) A screening assessment may include, as appropriate for 20
grade level or age as determined by the department, in alignment 21
with the guidelines described in subsections (2) and (4), elements 22
designed to identify comprehension difficulties, including at least 23
all of the following: 24
(A) Retelling. 25
(B) Cloze reading procedure. 26
(C) Answering questions about a reading passage. 27
(v) "Standardized assessment" means an assessment that is 28
administered and scored in a consistent or standard manner. 29
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CRM H06225'26 (H-1)_HB5821_APH_1 y50pet
(w) "Structured literacy" means systematic, direct, explicit, 1
cumulative, and diagnostic instruction that integrates listening, 2
speaking, reading, and writing and emphasizes the structure of 3
language across the speech sound system (phonology); the writing 4
system (orthography); the structure of sentences (syntax); the 5
meaningful parts of words (morphology); the meaning of words, 6
phrases, sentences, and text (semantics); and the processing of 7
oral and written discourse. 8
(x) "Systematic" means following the logical order of language 9
and moving from the most basic concepts to the more advanced. 10
(y) "Valid" means the degree to which a method assesses what 11
it claims or intends to assess. 12