HIGH QUALITY LITERACY INSTRUCTION ACT

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AN ACT
RELATING TO PUBLIC SCHOOLS; ENACTING THE HIGH-QUALITY
LITERACY INSTRUCTION ACT; PROVIDING STANDARDS FOR LITERACY
INSTRUCTIONAL MATERIALS; REQUIRING THE USE OF EVIDENCE-BASED
PRACTICES FOR BILITERACY FOR ENGLISH LANGUAGE LEARNERS AND
STUDENTS IN BILINGUAL AND DUAL LANGUAGE PROGRAMS; REQUIRING
PUBLIC SCHOOLS TO PROVIDE LITERACY ASSESSMENTS TO STUDENTS IN
KINDERGARTEN THROUGH THIRD GRADE AND INTERVENTIONS FOR
STUDENTS IDENTIFIED AS HAVING A READING DIFFICULTY; REQUIRING
THE PUBLIC EDUCATION DEPARTMENT TO ASSIGN LITERACY
INSTRUCTIONAL COACHES TO CERTAIN PUBLIC SCHOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 21-1-53 NMSA 1978 (being Laws 2025,
Chapter 149, Section 1) is amended to read:
"21-1-53. TEACHER PREPARATION PROGRAMS--TEACHING
STUDENTS HOW TO TEACH READING.--
A. As used in this section:
(1) "high-quality instructional materials"
means instructional materials that are:
(a) research-based, culturally and
linguistically relevant and designed to support equitable
learning for all students;
(b) aligned with the public education
department's academic content and performance standards and
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benchmarks; and
(c) included on the public education
department's multiple list of instructional materials or
otherwise approved by the department;
(2) "science of reading" means an
interdisciplinary body of scientifically based research about
reading instruction that addresses the acquisition of
language, phonological and phonemic awareness, phonics and
spelling, fluency, vocabulary, oral language and
comprehension; and
(3) "structured literacy" means an evidence-
based approach to teaching oral and written language that is
aligned with the science of reading and based on the science
of how children learn to read, is characterized by explicit,
systematic, sequential, cumulative and diagnostic instruction
in phonology, sound-symbol association, syllable instruction,
morphology, syntax and semantics and can be differentiated to
meet the needs of individual students.
B. Structured literacy is the primary approach to
teaching foundational literacy skills for all learners, and
public school students shall be taught to read using the
science of reading and structured literacy. Literacy
instruction for English language learners and students in
bilingual or dual language programs shall:
(1) include evidence-based practices for
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biliteracy, such as bilingual and dual language instructional
models that develop literacy in English and students' home
languages; and
(2) incorporate differentiation and
culturally and linguistically responsive instruction.
C. Each teacher preparation program shall offer
courses and student teaching sufficient for level one
licensure that:
(1) includes science of reading and
structured literacy;
(2) for elementary teacher candidates,
provides a minimum of one hundred hours of supervised field
experience in public school classrooms implementing the
science of reading and structured literacy, including:
(a) planning and teaching reading
lessons focused on phonemic awareness, phonics, fluency,
vocabulary and comprehension; and
(b) observing and applying
scientifically based techniques for reading instruction under
the supervision of a teacher trained in the science of
reading; and
(3) includes training and teaching teacher
candidates to identify when students are not reading at grade
level.
D. In collaboration with public post-secondary
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teacher preparation programs, the public education department
shall develop specific teacher preparation standards related
to the five components of the science of reading, including
the knowledge and skills teachers need to support struggling
readers and those with dyslexia as well as the knowledge and
skills teachers need to support English language learners
with biliteracy and oral language development and to provide
literacy instruction in bilingual or dual language programs
and similar settings.
E. As part of its review process, the public
education department shall monitor all teacher preparation
programs, and programs that fail to adhere to the science of
reading shall be required to submit corrective action plans
and may face the loss of state approval.
F. As part of the state approval review process
for teacher preparation programs, each program shall provide
evidence of its alignment with New Mexico's statutory and
regulatory requirements for structured and systematic science
of reading instruction, including requirements for supporting
English language learners and for biliteracy instruction.
G. Initial approval and ongoing review shall
include:
(1) evaluation of coursework and field
experiences to ensure that teacher candidates are prepared to
implement evidence-based reading instruction practices
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aligned with the science of reading;
(2) an assessment of faculty qualifications
and professional development related to scientifically based
methodologies for reading instruction;
(3) documentation of how the program
integrates state-adopted literacy standards, including
explicit instruction in phonemic awareness, phonics,
vocabulary development, fluency and comprehension;
(4) the collection of data demonstrating the
effectiveness of graduates in applying science of reading
practices during their first three years of teaching, as
available through performance-based assessments or other
state-approved measures; and
(5) evidence of partnerships with
kindergarten through twelfth grade public schools to ensure
high-quality student teaching and supervised field
experiences that emphasize science of reading instructional
practices and the use of high-quality instructional materials
during student teaching and other supervised field
experiences.
H. The public education department shall provide
guidelines for evaluating compliance with science of reading
instruction requirements during the review process. These
guidelines shall include minimum performance thresholds for
coursework, assessments and candidate outcomes.
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I. Programs failing to meet the established
science of reading instruction standards may be placed on a
corrective action plan with specific requirements and time
lines for achieving compliance. Noncompliance may result in
probationary status or the loss of state approval.
J. As part of an annual accountability report,
teacher preparation programs shall include:
(1) a summary of program changes made to
enhance science of reading instruction aligned to the
standards;
(2) data on teacher candidate performance in
science of reading instruction-related coursework and
clinical experiences; and
(3) graduate impact data on student literacy
outcomes, where available."
SECTION 2. A new section of the Public School Code,
Section 22-15G-1 NMSA 1978, is enacted to read:
"22-15G-1. SHORT TITLE.--Chapter 22, Article 15G NMSA
1978 may be cited as the "High-Quality Literacy Instruction
Act"."
SECTION 3. A new section of the Public School Code,
Section 22-15G-2 NMSA 1978, is enacted to read:
"22-15G-2. DEFINITIONS.--As used in the High-Quality
Literacy Instruction Act:
A. "certified academic language therapist" means a
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person recognized by the department as having the requisite
skills and credentials to provide diagnostic and prescriptive
interventions to students with language-based learning
disabilities;
B. "high-quality instructional materials" means
instructional materials that are:
(1) research-based, culturally and
linguistically relevant and designed to support equitable
learning for all students;
(2) aligned with the department's academic
content and performance standards and benchmarks; and
(3) included on the department's multiple
list of instructional materials or otherwise approved by the
department;
C. "read-at-home plan" means a set of resources
for parents to support a student's reading at home that is
aligned with the science of reading;
D. "science of reading" means an interdisciplinary
body of scientifically based research about reading
instruction that addresses the acquisition of language,
phonological and phonemic awareness, phonics and spelling,
fluency, vocabulary, oral language and comprehension;
E. "structured literacy" means an evidence-based
approach to teaching oral and written language that is
aligned with the science of reading and based on the science
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of how children learn to read, is characterized by explicit,
systematic, sequential, cumulative and diagnostic instruction
in phonology, sound-symbol association, syllable instruction,
morphology, syntax and semantics and can be differentiated to
meet the needs of individual students; and
F. "three-cueing model" means reading instruction
that teaches word recognition by primarily drawing meaning
from context, pictures or syntax."
SECTION 4. A new section of the Public School Code,
Section 22-15G-3 NMSA 1978, is enacted to read:
"22-15G-3. INSTRUCTIONAL MATERIALS--LITERACY AND
READING INSTRUCTION.--Instructional materials used in public
schools for literacy or reading instruction for kindergarten
through third grade shall be high-quality instructional
materials. Materials used for intervention, supplemental
instruction, initiatives, services or programs for literacy
or reading proficiency for kindergarten through twelfth grade
shall be culturally and linguistically relevant, consistent
with the science of reading and structured literacy and shall
not include use of the three-cueing model; provided that
instructional materials for English language learners and
other students in bilingual or dual language programs or
similar settings shall support literacy and biliteracy
development in English and home or other languages, if
otherwise appropriate."
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SECTION 5. A new section of the Public School Code,
Section 22-15G-4 NMSA 1978, is enacted to read:
"22-15G-4. LITERACY ASSESSMENTS.--
A. The department shall adopt grade-specific
literacy assessments for kindergarten through third grade
that:
(1) have screening, diagnostic and
monitoring capabilities;
(2) measure, at minimum, phonological
awareness, the alphabetic principle, decoding, encoding,
accuracy, vocabulary and comprehension;
(3) identify students who have a reading
difficulty, including characteristics of dyslexia;
(4) can be administered with minimal impact
on instructional time; and
(5) provide for timely reporting of
assessment results that can be integrated with instructional
support for teachers and students.
B. Beginning in the 2027-2028 school year, public
schools shall administer the literacy assessments to all
students in kindergarten through third grade. The literacy
assessment for students in first grade may be administered in
lieu of the dyslexia screening required by Section 22-13-32
NMSA 1978.
C. If a public school identifies a student as
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having a reading difficulty based on the results of a
literacy assessment, the public school shall provide written
notice to the student's parents within thirty days. The
notice shall include:
(1) an explanation that the student was
identified as having a reading difficulty and qualifies for
literacy interventions;
(2) an explanation that the public school
will develop a reading improvement plan for the student;
(3) a description of the interventions or
supplemental instructional services, supports or programs the
public school proposes for the student;
(4) an assurance that the parents will
receive written reports on the student's progress at least
four times each school year;
(5) a description of the student's specific
skill deficits;
(6) a read-at-home plan customized to
address the student's specific skill deficits; and
(7) if applicable, any other information
required by state or federal law.
D. Immediately after providing parents with
written notice, the public school shall provide the student
with differentiated core instruction or with targeted or
intensive interventions through a multilayered system of
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support.
E. The department shall develop a template for the
written notice required by this section and grade-specific
templates for read-at-home plans. The read-at-home plan
templates shall be customizable but shall include, at
minimum:
(1) information about the five essential
components of reading and, for a student who is an English
language learner, the importance of developing the student's
home language and English to support the student's biliteracy
and long-term literacy outcomes;
(2) guidance on how to read with the student
at home;
(3) suggested daily reading activities;
(4) specific strategies and games to build
literacy skills; and
(5) information about how to monitor
progress."
SECTION 6. A new section of the Public School Code,
Section 22-15G-5 NMSA 1978, is enacted to read:
"22-15G-5. TRAINING FOR TEACHERS AND ADMINISTRATORS--
LITERACY INSTRUCTIONAL COACHES.--
A. School districts and charter schools shall
train teachers who teach reading and site administrators on
how to administer the provisions of the High-Quality Literacy
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Instruction Act. The training shall also cover how to
provide differentiated core instruction and other
interventions for students with a reading difficulty and how
to use evidence-based practices for English language
learners, biliteracy, differentiation, culturally and
linguistically responsive instruction and instructional
leadership for bilingual and dual language programs.
B. Beginning in the 2027-2028 school year, the
department shall assign a literacy instructional coach to
public elementary schools that have an average reading
proficiency in the bottom quartile for reading proficiency in
the state.
C. A literacy instructional coach assigned to a
public elementary school shall work with that school for
three consecutive school years, regardless of the school's
improvements in reading proficiency, and shall have the
primary duty of supporting teachers with literacy
instruction. Subject to the availability of funding, a
literacy instructional coach may be placed full-time at one
elementary school or may split time between multiple schools.
D. A literacy instructional coach shall be a
certified academic language therapist or have the following
qualifications:
(1) a valid level two or level three
teaching license;
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(2) a bachelor's degree in education and
advanced coursework or professional development in the
science of reading, multisensory language instruction or
other advanced training approved by the department;
(3) a reading endorsement or certification
or eligibility for a reading endorsement or certification;
(4) additional qualifications required by
department rule; and
(5) for a department-designated school with
a significant English language learner enrollment, training
and experience in biliteracy or English language
development."
SECTION 7. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.