Early Literacy

53
53E-3-1001
53E-3-1003
53E-4-307
53E-6-302
53F-2-424
53G-7-205
53G-7-1304
53G-7-1305
53G-10-801
53G-10-802
53G-10-803
53E-3-1002
53G-10-805
53G-10-306
53G-11-507
53E-3-1001
53E-3-1003
53E-4-307
53E-6-302
53F-2-424
53G-7-205
53G-7-1304
53G-7-1305
53G-10-801
53G-10-802
53G-10-803
53E-3-1002
53G-10-805
53G-10-306
53G-11-507
11
Early Literacy
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner
House Sponsor: Karen M. Peterson
LONG TITLE
General Description:
This bill establishes a framework of literacy interventions in kindergarten through grade 3
within the public education system.
Highlighted Provisions:
This bill:
defines terms;
establishes a third-grade level reading goal for 2030;
requires a local education agency (LEA) to, based on the student's performance on a
benchmark reading assessment, provide a student with an individualized reading plan
that identifies specific reading interventions to remediate a reading deficiency, including
considering retention in lower grades and requiring retention in grade 3 except in cases
of certain good cause exemptions;
requires regional education service agencies
and certain school districts to provide formal
professional learning and information training in the science of reading;
dedicates a certain amount of funding to provide literacy training and paraprofessionals
who support literacy;
requires certain school performance monitoring;
excludes the practice of "three-cueing" from an LEA's reading curriculum;
requires the State Board of Education (state board) to distribute funding to regional
education service agencies and certain school districts for literacy coaching and training;
requires the Utah Board of Higher Education to partner with the state board in certain
duties regarding teacher preparation programs;
requires the use of a certain portion of a school's allocation under the Teacher and Student
Success Program on literacy interventions if the school's third grade students score
below the statewide benchmark goal;
includes science of reading and literacy as components of an elementary educator
evaluation;
requires the Center for the School of the Future at Utah State University, in collaboration
with the Utah Board of Higher Education, to develop a plan to improve science of
reading knowledge and ability in teacher graduates from a state institution of higher
education; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-3-1001
Effective
07/01/26
, as enacted by Laws of Utah 2022, Chapter 285 and
further amended by Revisor Instructions, Laws of Utah 2022, Chapter 285
53E-3-1003
Effective
07/01/26
, as enacted by Laws of Utah 2022, Chapter 285
53E-4-307
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 60
53E-6-302
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 51
53G-7-205
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-1304
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapter 372
53G-7-1305
Effective
07/01/26
, as enacted by Laws of Utah 2019, Chapter 505
53G-11-507
Effective
07/01/26
Repealed
07/01/29
, as last amended by Laws of Utah
2024, Chapter 484
ENACTS:
53F-2-424
Effective
07/01/26
, Utah Code Annotated 1953
53G-10-801
Effective
07/01/26
, Utah Code Annotated 1953
53G-10-802
Effective
07/01/26
, Utah Code Annotated 1953
53G-10-803
Effective
07/01/26
, Utah Code Annotated 1953
53G-10-805
Effective
07/01/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53G-10-804
Effective
07/01/26
, (Renumbered from 53E-3-1002, as enacted by
Laws of Utah 2022, Chapter 285)
53G-10-806
Effective
07/01/26
, (Renumbered from 53G-10-306, as enacted by
Laws of Utah 2022, Chapter 285)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-3-1001
is amended to read:
53E-3-1001
Effective
07/01/26
. Statewide goal -- Emphasis on early literacy.
(1)
As used in this section:
(a)
"Benchmark reading assessment" means the statewide benchmark assessment in
reading described in Section
53E-4-307
that a school district or charter school
administers to students in kindergarten through grade 3 at the beginning, middle, and
end of the school year.
(b)
"Reading on grade level" means that a student scores at or above the benchmark for
the relevant grade level on the benchmark reading assessment.
(2)
To achieve a strenuous statewide goal of
70% in third grade-level proficiency on
the state-administered reading assessment by July 1, 2027,
80% of students reading on
grade level on the end-of-year benchmark reading assessment in grade 3 by July 1, 2030:
(a)
the state board shall:
(1)
(i)
analyze, align, and target resources, including digital software and tools, in
existing state programs and the programs enacted in
Laws of Utah 2022, Chapter
285
, as appropriate, to support early literacy within the state; and
(2)
(ii)
identify opportunities to incentivize and support LEAs and elementary
schools to analyze data, align plans, and target resources from existing local and
LEA programs to support early literacy within the state, resulting in a
comprehensive statewide alignment of early literacy plans
.
; and
(b)
each LEA shall engage in targeted literacy interventions in accordance with Section
53G-10-306
.
Section 2. Section
53E-3-1003
is amended to read:
53E-3-1003
Effective
07/01/26
. Science of reading.
(1)
As used in this section:
(a)
"Educator preparation program" means the same as that term is defined in Section
53E-6-302
.
(b)
"Panel" means the science of reading panel that the state board establishes in
accordance with this section.
(c)
"Science of reading" means the same as that term is defined in Section
53G-10-801
.
(c)
(d)
"University teacher preparation program" means a program described in Section
53E-6-302
.
(2)
The state board shall establish an expert science of reading panel consisting of up to six
experts who have:
(a)
knowledge and a research background in the science of reading and the science of
reading instruction; and
(b)
experience translating the science of reading into effective reading instructional
practices.
(3)
The panel shall:
(a)
meet no less than once every quarter;
(b)
provide expertise to and serve in a consultancy capacity to the state board on
implementation of:
(i)
the early literacy emphases described in Section
53E-3-1001
; and
(ii)
educator preparation programs;
(c)
in consultation with the state board:
(i)
provide advanced professional learning opportunities in the science of reading and
the science of reading instruction for public schools and educator preparation
programs as needed to expand statewide capacity;
(ii)
partner with ULEAD, as that term is defined in Section
53E-10-701
, to develop
and implement an online repository of digital science of reading and science of
reading instruction resources that is accessible to public school teachers, school
leaders, parents, and educator preparation programs and associated faculty;
(iii)
develop professional learning modules to support teachers and school leaders;
and
(iv)
coordinate with educator preparation programs, university teacher preparation
program faculty, deans of education, and literacy leadership fellows to advance
the science of reading and the science of reading instruction; and
(d)
take part in the hiring of the additional faculty members
described in Subsection
53E-6-302(6)
,
with two panel members participating in the hiring process.
(4)
The state board may collaborate with panel members to conduct periodic reviews of:
(a)
student outcome data;
(b)
science of reading and science of reading instruction implementation fidelity in
public schools and educator preparation programs through onsite visits; and
(c)
advise LEAs regarding the science of reading and the science of reading instruction
curriculum and intervention programs.
(5)
A panel member:
(a)
may not receive compensation or benefits for the member's service on the panel; and
(b)
may receive per diem and reimbursement for travel expenses that the panel member
incurs as a panel member at the rates that the Division of Finance establishes under:
(i)
Sections
63A-3-106
and
63A-3-107
; and
(ii)
rules that the Division of Finance makes under Sections
63A-3-106
and
63A-3-107
.
(6)
The state board shall provide staff support to the panel.
Section 3. Section
53E-4-307
is amended to read:
53E-4-307
Effective
07/01/26
. Benchmark assessments in reading -- Report to
parent.
(1)
As used in this section:
(a)
"Benchmark reading assessment" means an assessment that:
(i)
measures key literacy skills, including phonemic awareness, sound-symbol
recognition, alphabet knowledge, decoding and encoding skills, and
comprehension, to determine a student's specific strengths and weaknesses in a
skill area; and
(ii)
a school district or charter school administers to students in kindergarten through
grade 3 at the beginning, middle, and end of the school year.
(a)
(b)
"Competency" means a demonstrable acquisition of a specified knowledge, skill,
or ability that has been organized into a hierarchical arrangement leading to higher
levels of knowledge, skill, or ability.
(b)
"Diagnostic assessment" means an assessment that measures key literacy skills,
including phonemic awareness, sound-symbol recognition, alphabet knowledge,
decoding and encoding skills, and comprehension, to determine a student's specific
strengths and weaknesses in a skill area.
(c)
"Dyslexia" means a learning disorder that:
(i)
is neurological in origin and is characterized by difficulties with:
(A)
accurate or fluent word recognition; and
(B)
poor spelling and decoding abilities; and
(ii)
typically results from a deficit in the phonological component of language that is
often unexpected in relation to other cognitive abilities and the provision of
effective classroom instruction.
(d)
"Evidence-based" means the same as that term is defined in Section
53G-11-303
.
(e)
"Evidence-informed" means the same as that term is defined in Section
53G-11-303
.
(2)
The state board shall approve a benchmark assessment for use statewide by school
districts and charter schools to assess the reading competency of students in grades 1
through 6 as provided by this section.
(3)
A school district or charter school shall:
(a)
administer benchmark assessments to students in
kindergarten and
grades 1, 2, and 3
at the beginning, middle, and end of the school year using the benchmark assessment
approved by the state board; and
(b)
after administering a benchmark assessment, report the results to a student's parent.
(4)
(a)
If a benchmark assessment or supplemental reading assessment indicates a student
lacks competency in a reading skill, is demonstrating characteristics of dyslexia, or is
lagging behind other students in the student's grade in acquiring a reading skill, the
school district or charter school shall:
(i)
administer diagnostic assessments to the student;
(ii)
(i)
using data from the
diagnostic
benchmark reading
assessment, provide
specific, focused, and individualized intervention or tutoring to develop the
reading skill
, in accordance with Title
53G, Chapter
10, Part
8
, Literacy
Interventions, potentially including the creation of an individual reading plan, as
that term is defined in Section
53G-10-801
;
(iii)
(ii)
administer formative assessments and progress monitoring at recommended
levels for the benchmark assessment to measure the success of the focused
intervention;
(iv)
(iii)
in addition to the notice described in Section
53G-10-802
:
(A)
inform the student's parent of activities that the parent may engage in with the
student to assist the student in improving reading proficiency;
and
(v)
(B)
provide information to the parent regarding appropriate interventions
available to the student outside of the regular school day that may include
tutoring, before and after school programs, or summer school; and
(vi)
(iv)
provide instructional materials that are evidence-informed for core
instruction and evidence-based for intervention and supplemental instruction.
(b)
Nothing in this section or in Section
53F-4-203
or
53G-11-303
requires a reading
software product to demonstrate the statistically significant effect size described in
Subsection
53G-11-303(1)(a)
in order to be used as an instructional material
described in Subsection
(4)(a)(vi)
.
(5)
(a)
In accordance with Section
53F-4-201
and except as provided in Subsection
(5)(b)
,
the state board shall contract with one or more educational technology providers for a
benchmark assessment system for reading for students in kindergarten through grade
6.
(b)
If revenue is insufficient for the benchmark assessment system for the grades
described in Subsection
(5)(a)
, the state board shall first prioritize funding a
benchmark assessment for students in kindergarten through grade 3.
(6)
A student with dyslexia is only eligible for special education services if the student
meets federal eligibility criteria.
Section 4. Section
53E-6-302
is amended to read:
53E-6-302
Effective
07/01/26
. Educator preparation programs.
(1)
As used in this section:
(a)
"Center" means the Center for the School of the Future at Utah State University
established in Section
53H-4-304
.
(b)
"Educator preparation program" means:
(i)
a university teacher education program; or
(ii)
a program that prepares individuals using an alternative pathway to licensure, as
the state board provides, that does not include content or time requirements that
conflict with the content or time requirements described in rule made by the state
board in accordance with Subsection
(2)
.
(b)
(c)
"Required literacy preparation assessment" means the same as that term is
defined in Section
53E-6-301
.
(d)
"Science of reading" means the same as that term is defined in Section
53G-10-801
.
(c)
(e)
"University teacher preparation program" means a program that an institution of
higher education offers to prepare educators for licensure.
(2)
In accordance with Title
63G, Chapter
3
, Utah Administrative Rulemaking Act, the
state board shall make rules that establish standards for approval of an educator
preparation program.
(3)
The state board shall ensure that standards adopted under Subsection
(2)
:
(a)
meet or exceed generally recognized national standards for preparation of educators;
and
(b)
include requirements for educator preparation programs to:
(i)
provide instruction in the science of reading; and
(ii)
prepare license applicants to pass the required literacy preparation assessment at
no cost to the applicants for the preparation, including providing ongoing
preparation for up to three total attempts of the required literacy preparation
assessment.
(4)
The
Utah Board of Higher Education and the
state board shall
each
designate an
employee of
the state
each
board's staff to
jointly
:
(a)
work with education deans of state institutions of higher education to coordinate
university teacher preparation programs that may include:
(i)
monitoring courses for university teacher preparation programs; and
(ii)
working with course instructors for university teacher preparation programs;
(b)
act as a liaison between:
(i)
the Utah Board of Higher Education;
(ii)
the state board;
(ii)
(iii)
local school boards or charter school governing boards; and
(iii)
(iv)
representatives of university teacher preparation programs; and
(c)
report the employee's findings and recommendations for the improvement of teacher
preparation programs to:
(i)
the state board; and
(ii)
education deans of state institutions of higher education.
(5)
The state board
, in consultation with the Utah Board of Higher Education,
shall:
(a)
in good faith, consider the findings and recommendations described in Subsection
(4)(c)
; and
(b)
in accordance with Title
63G, Chapter
3
, Utah Administrative Rulemaking Act,
make rules, as the state board determines is necessary, to implement
recommendations described in Subsection
(4)(c)
.
(6)
Subject to legislative appropriations, the Utah Board of Higher Education shall:
(a)
provide matching funds to each of the state's institutions of higher education with a
university teacher preparation program:
(i)
to hire an additional faculty member who has training in the science of reading
and the science of reading instruction; and
(ii)
in an amount equal to 75% of the cost of making the hire described in Subsection
(6)(a) if the institution provides 25% of the cost; and
(b)
consult the state superintendent regarding:
(i)
criteria for the hire described in Subsection (6)(a) that would qualify for a
distribution of funding; and
(ii)
an individual institution's fulfillment of the criteria described in Subsection
(6)(b)(i) before distributing funding.
(6)
The center shall develop a plan, in collaboration with the Utah Board of Higher
Education and the state board, to improve, for elementary teacher graduates and
elementary administrator preparation graduates from a state institution of higher
education:
(a)
the knowledge of the science of reading; and
(b)
the ability to apply the science of reading instruction with a focus on how the
instruction leads to third-grade proficiency in reading and writing.
(7)
An institution that hires an additional faculty member shall coordinate with the science
of reading panel described in Section
53E-3-1003
to include two members of the panel
in the institution's hiring process.
(8)
(7)
The
Utah Board of Higher Education and the
state board shall
jointly
:
(a)
monitor accreditation of university programs regarding the science of reading
preparation described in Subsection
(3)(b)
at the institutions described in Subsection
(6)(a)
; and
(b)
(i)
develop strategies to provide support for preparation programs with low rates
of passage on the required literacy preparation assessment; and
(ii)
provide increasing levels of support to a preparation program with low rates of
passage on the required literacy preparation assessment for two consecutive years.
Section 5. Section
53F-2-424
is enacted to read:
53F-2-424
Effective
07/01/26
. Literacy interventions.
(1)
As used in this section:
(a)
"Member school district" means a school district that is a member of a specific
regional education service agency.
(b)
"Regional education service agency" means the same as that term is defined in
Section
53G-4-410
.
(2)
Subject to legislative appropriations, and except as provided in Subsection
(4)
, the state
board shall:
(a)
allocate the following for literacy coaching and training in accordance with Section
53G-10-804
:
(i)
a base funding amount of at least $75,000 to each regional education service
agency and to each school district that is not a member of a regional education
service agency; and
(ii)
the remainder of legislative appropriations for literacy coaching and training
within school districts, distributed based on:
(A)
for a school district that is not a member of a regional education service
agency, the school district's average daily membership; and
(B)
for a regional education service agency, the average daily membership within
each member school district; and
(b)
proportionally distribute at least $15,000,000 to the school districts and regional
education service agencies described in Subsection
(2)(a)(ii)
to provide
paraprofessionals who support literacy.
(3)
Subject to legislative appropriations, and except as provided in Subsection
(4)
, the state
board shall allocate at least $1,000,000 to the State Charter School Board for distribution
to each charter school, in consultation with each charter authorizer, for literacy coaching,
training, and interventions within charter schools.
(4)
For fiscal year 2027, the state board shall use $150,000, proportionally divided from the
funding described in Subsections
(2)
and
(3)
, to fund the science of reading plan
described in Subsection
53E-6-302(6)
.
Section 6. Section
53G-7-205
is amended to read:
53G-7-205
Effective
07/01/26
. Assessment of emerging and early reading skills
-- Resources provided by school districts.
(1)
The Legislature recognizes that well-developed reading skills help:
(a)
children to succeed in school, develop self esteem, and build positive relationships
with others;
(b)
young adults to become independent learners; and
(c)
adults to become and remain productive members of a rapidly changing
technology-based society.
(2)
(a)
Each potential kindergarten student, the student's parent, and kindergarten
personnel at the student's school may participate in an assessment of the student's
reading and numeric skills.
(b)
The state board, in cooperation with the state's school districts, may develop the
assessment instrument and any additional materials needed to implement and
supplement the assessment program.
(3)
The potential kindergarten student's teacher may use the assessment in planning and
developing an instructional program to meet the student's identified needs.
(4)
(a)
Each school is encouraged to schedule the assessment early enough before the
kindergarten starting date so that a potential kindergarten student's parent has time to
develop the child's needed skills as identified by the assessment.
(b)
Based on the assessment under Subsection
(2)
, the school shall provide the potential
student's parent with

:
(i)
appropriate resource materials to assist the parent at home in the student's literacy
development
.
; and
(ii)
information regarding the individualized reading plan process described in
Chapter
10, Part
8
, Literacy Interventions.
Section 7. Section
53G-7-1304
is amended to read:
53G-7-1304
Effective
07/01/26
. Program requirements -- LEA governing board
student success framework -- LEA distribution -- School allocation -- Reporting.
(1)
(a)
To receive an LEA distribution, an LEA governing board shall:
(i)
adopt an LEA governing board student success framework to provide guidelines
and processes for a school within the LEA governing board's LEA to follow in
developing a teacher and student success plan; and
(ii)
submit the adopted LEA governing board student success framework to the state
board.
(b)
An LEA governing board may include in the LEA governing board's student success
framework any means reasonably designed to improve school performance or student
academic achievement, including:
(i)
school personnel stipends for taking on additional responsibility outside of a
typical work assignment;
(ii)
professional learning;
(iii)
additional school employees, including counselors, social workers, mental health
workers, tutors, media specialists, information technology specialists, or other
specialists;
(iv)
technology;
(v)
before- or after-school programs;
(vi)
summer school programs;
(vii)
community support programs or partnerships;
(viii)
early childhood education;
(ix)
class size reduction strategies;
(x)
augmentation of existing programs;
(xi)
the pilot program described in Section
53G-7-1307
; or
(xii)
other means.
(c)
An LEA governing board student success framework may not support the use of
program money:
(i)
to supplant funding for existing public education programs;
(ii)
for district administration costs; or
(iii)
for capital expenditures.
(2)
(a)
An
Subject to Subsection
(2)(e)
, an
LEA governing board shall use an LEA
distribution as follows:
(i)
for increases to base salary and salary driven benefits for school personnel that,
except as provided in Subsection
(2)(c)(i)
, total 25% or less of the LEA
distribution; and
(ii)
except as provided in Subsection
(2)(b)(ii)
and in accordance with Subsection
(3)
,
for each school within the LEA governing board's LEA, an allocation that is equal
to the product of:
(A)
the percentage of the school's prior year average daily membership compared
to the total prior year average daily membership for all schools in the LEA; and
(B)
the remaining amount of the LEA governing board's LEA distribution after
subtracting the amounts described in Subsections
(2)(a)(i)
and
(2)(b)(ii)
.
(b)
(i)
In accordance with Title
63G, Chapter
3
, Utah Administrative Rulemaking Act,
the state board shall make rules for an LEA governing board to calculate and
distribute a school allocation for a school in the school's first year of operation.
(ii)
In accordance with Subsection
(3)
and the rules described in Subsection
(2)(b)(i)
,
an LEA governing board shall distribute a school allocation for a school in the
school's first year of operation.
(c)
Except as provided in Subsection
(2)(d)
or
(2)(e)
, the LEA governing board of a
school district may use up to 40% of an LEA distribution for the purposes described
in Subsection
(2)(a)(i)
, if:
(i)
the LEA governing board has:
(A)
approved a board local levy for the maximum amount allowed under Section
53F-8-302
; or
(B)
after the LEA governing board has submitted an LEA governing board student
success framework to the state board, increased the board local levy described
in Section
53F-8-302
by at least .0001 per dollar of taxable value; and
(ii)
the school district's average teacher salary is below the state average teacher
salary described in Subsection
(2)(f)
(2)(g)
.
(d)
The LEA governing board of a school district in a county of the fourth, fifth, or sixth
class or the LEA governing board of a charter school may use up to 40% of an LEA
distribution for the purposes described in Subsection
(2)(a)(i)
, if the LEA's average
teacher salary is below the state average teacher salary described in Subsection
(2)(f)
(2)(g)
.
(e)
The LEA governing board of an LEA with a school performing below the statewide
goal described in Section
53E-3-1001
for third-grade reading shall ensure that the
school's teacher and student success plan that the LEA governing board approves in
accordance with Section
53G-7-1305
allocates at least 50% of the school's total
distribution for:
(i)
evidence-based strategies and practices for addressing low literacy rates in
alignment with the science of reading; and
(ii)
reading interventions in accordance with Chapter
10, Part
8
, Literacy
Interventions.
(e)
(f)
An LEA governing board shall annually report information as requested by the
state board for the state board to calculate a state average teacher salary.
(f)
(g)
The state board shall use the information described in Subsection
(2)(c)(ii)
to
calculate a state average teacher salary amount and a state average teacher benefit
amount.
(3)
An LEA governing board shall allocate a school allocation to a school with a teacher
and student success plan that is approved as described in Section
53G-7-1305
.
(4)
(a)
Except as provided in Subsection
(4)(b)
, a school shall use a school allocation to
implement the school's success plan.
(b)
A school may use up to 5% of the school's school allocation to fund school personnel
retention at the principal's discretion, not including uniform salary increases.
(c)
A school may not use a school allocation for:
(i)
capital expenditures; or
(ii)
a purpose that is not supported by the LEA governing board student success
framework for the school's LEA.
(5)
A school that receives a school allocation shall annually:
(a)
submit to the school's LEA governing board a description of:
(i)
the budgeted and actual expenditures of the school's school allocation;
(ii)
how the expenditures relate to the school's success plan; and
(iii)
how the school measures the success of the school's participation in the program;
and
(b)
post on the school's website:
(i)
the school's approved success plan;
(ii)
a description of the school's school allocation budgeted and actual expenditures
and how the expenditures help the school accomplish the school's success plan;
and
(iii)
the school's current level of performance, as described in Section
53G-7-1306
,
according to the indicators described in Section
53E-5-205
or
53E-5-206
.
Section 8. Section
53G-7-1305
is amended to read:
53G-7-1305
Effective
07/01/26
. Teacher and student success plans -- Plan
review and approval.
(1)
(a)
The principal of a school shall develop the school's teacher and student success
plan:
(i)
in accordance with the LEA governing board student success framework for the
school's LEA;
(ii)
by integrating school-specific goals and criteria for improving the school's
performance within the state accountability system;
and
(iii)
if the school has a school turnaround plan as defined in Section
53E-5-301
, in
accordance with the school's school turnaround plan
.
; and
(iv)
if the school is performing below the statewide goal described in Section
53E-3-1001
for third-grade reading, in accordance with Subsection
53G-7-1304(2)(e)
.
(b)
A principal shall solicit input on developing a success plan from:
(i)
for a district school or charter school:
(A)
the school community council, as defined in Section
53G-7-1202
; or
(B)
the charter trust land council, as described in Section
53G-7-1205
;
(ii)
school-level educators;
(iii)
parents of students at the school; and
(iv)
school-level administrators.
(c)
A principal may solicit input on developing a success plan from:
(i)
students;
(ii)
support professionals; or
(iii)
other community stakeholders.
(2)
(a)
The principal of a school shall submit a proposed success plan to the school's LEA
governing board.
(b)
An LEA governing board shall:
(i)
annually review each success plan submitted for a school within the LEA
governing board's LEA;
(ii)
in a regularly scheduled LEA governing board meeting, approve or disapprove
each submitted success plan; and
(iii)
upon disapproval of a success plan:
(A)
explain in writing the reason for disapproval;
(B)
make recommendations for revision; and
(C)
allow the principal who submitted the success plan to resubmit a revised plan
for review and approval.
(3)
An LEA governing board shall make the LEA governing board's best efforts to help a
school complete the approval process described in Subsection
(2)
on or before June 30
of each year.
(4)
A council, as defined in Section
53G-7-1206
, shall select a component of the approved
success plan for the council's school to address within the council's School LAND Trust
Program, in accordance with Section
53G-7-1206
.
Section 9. Section
53G-10-801
is enacted to read:
8. Literacy Interventions
53G-10-801
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Above typical academic progress" means a score for the progress metric on the
benchmark reading assessment that demonstrates the rate of a student's progress toward
achieving grade-level benchmarks that is higher than typical academic progress.
(2)
"Benchmark reading assessment" means the statewide benchmark assessment in reading
described in Section
53E-4-307
.
(3)
"Individualized reading plan" means a plan described in Section
53G-10-802
that
defines the reading interventions a student will receive in given intervention settings to
remediate a reading deficiency that the benchmark reading assessment identifies.
(4)
(a)
"Intervention setting" means the setting in which a student receives a reading
intervention.
(b)
"Intervention setting" includes:
(i)
a teacher leading an intervention during regular classroom work;
(ii)
a paraprofessional leading an intervention;
(iii)
an after-school or extended-day program;
(iv)
a summer school program;
(v)
an at-home activity; and
(vi)
an online activity.
(5)
"Literacy team" means the following group of individuals who unite to establish and
monitor the progress of an individualized reading plan for a student:
(a)
the student's parents;
(b)
at the discretion of the student's parents, the student;
(c)
the student's teacher, including general and special education;
(d)
for a student scoring well below benchmark on a benchmark reading assessment, a
representative of the LEA who is knowledgeable about available literacy resources
and who has the authority to commit literacy resources; and
(e)
depending on the circumstances of the student and availability in the LEA, other
educators or support personnel, including a therapist, counselor, social worker,
translator, friend, or parent advocate.
(6)
(a)
"Reading intervention" means an evidence-based instructional strategy,
instructional methodology, technique, or resource that assists a student in becoming a
successful reader, able to read at or above grade level, and ready for promotion to the
next grade.
(b)
"Reading intervention" includes:
(i)
dyad reading in which two individuals, typically a skilled reader and a developing
reader, sit side-by-side and read the same text aloud together;
(ii)
decoding text in which an individual translates printed letters and words into
speech through phonics;
(iii)
a targeted literacy skill intervention resource that is aligned with the science of
reading;
(iv)
a word list;
(v)
phoneme and grapheme mapping;
(vi)
handwriting practice;
(vii)
reading protocols;
(viii)
retelling;
(ix)
vocabulary practice;
(x)
retention in the student's current grade level; and
(xi)
other strategies that are aligned with the science of reading to meet student needs
in improving literacy.
(7)
"Reading on grade level" means the same as that term is defined in Section
53E-3-1001
.
(8)
"Regional education service agency" means the same as that term is defined in Section
53G-4-410
.
(9)
"Retention" means a reading intervention through which a student who does not meet a
specific reading benchmark or satisfy a good cause exemption repeats the grade in the
subsequent school year to provide the student with additional time and intensive,
targeted reading intervention to remediate a learning deficiency before advancing to a
grade for which the student is not prepared to succeed academically.
(10)
"Science of reading" means an interdisciplinary body of scientific evidence that:
(a)
informs how students learn to read and write proficiently;
(b)
explains why some students have difficulty with reading and writing;
(c)
indicates that all students benefit from explicit and systematic instruction in
phonemic awareness, phonics, vocabulary, fluency, comprehension, and writing to
become effective readers; and
(d)
does not rely on any model of teaching students to read based on meaning, structure
and syntax, and visual cues, including a three-cueing approach.
(11)
"Three-cueing" means a model of teaching students to read based on visual memory
and contextual deduction as the primary basis for teaching word recognition rather than
more effective methods, including sounding out words or using a phonics-based
approach.
Section 10. Section
53G-10-802
is enacted to read:
53G-10-802
Effective
07/01/26
. Individualized reading plan.
(1)
For each student in kindergarten through grade 3 who scores below or well below grade
level on a benchmark reading assessment, the LEA shall:
(a)
provide to the student's parent, in writing or through the LEA's standard
parent-communication portal:
(i)
notification that the student has demonstrated a substantial deficiency in reading;
(ii)
a description of the current services that the student receives;
(iii)
a description of the process for establishing an individualized reading plan to
identify reading interventions;
(iv)
notification that retention, especially in earlier grades, can benefit the student's
reading proficiency;
(v)
notification that, if the student scores below benchmark on the benchmark reading
assessment at the end of third grade, the student is subject to retention under
Section
53G-10-803
;
(vi)
notification that the benchmark reading assessment is not the sole determinant of
promotion and that additional evaluations and assessments are available to parents
and the LEA to determine a student's reading proficiency and readiness for
promotion to the next grade level; and
(vii)
a statement that connects the child's proficiency in reading to long-term
outcomes of success; and
(b)
coordinate with the student's literacy team to establish an individualized reading plan
for:
(i)
a student in kindergarten who scores well below benchmark on the mid-year or
end-of-year benchmark reading assessment;
(ii)
a student in grade 1, 2, or 3 who scores below or well below benchmark on a
benchmark reading assessment;
(iii)
a student whom an LEA promotes to grade 4 in accordance with Subsection
53G-10-803(2)(b)(ii)
and has not scored at or above benchmark on a benchmark
reading assessment during grade 4; and
(iv)
a student in kindergarten or grade 4:
(A)
who does not score at or above benchmark on a benchmark reading
assessment;
(B)
who is not a student described in Subsection
(1)(b)(i)
or
(1)(b)(iii)
; and
(C)
whose parent requests that the student receive an individualized reading plan.
(2)
(a)
The literacy team for a student described in Subsection
(1)(b)
shall:
(i)
within 45 days after the day on which the LEA provides the first notice described
in Subsection
(1)(a)
during a given school year, meet and jointly establish an
individualized reading plan for the student that includes:
(A)
identification of the student's specific reading deficiencies;
(B)
a description of the reading interventions and intervention settings the LEA
will provide to the student to remediate the identified reading deficiencies in
accordance with Section
53G-10-803
;
(C)
opportunities for the student's parent to be involved in the reading
interventions the individualized reading plan identifies;
(D)
a process for monitoring and communicating to the student's parent the extent
to which the student receives the reading interventions; and
(E)
a statement that if the student does not score at or above benchmark on the
benchmark assessment, the student is subject to retention under Section
53G-10-803
;
(ii)
meet at least once annually while the student has an individualized reading plan;
and
(iii)
meet at the request of the parent to review the student's individualized reading
plan and progress.
(b)
After every benchmark reading assessment, the literacy team shall communicate to
review and, if necessary, modify the student's individualized reading plan.
(3)
An LEA shall continue the provision of reading interventions in accordance with a
student's individualized reading plan described in Subsection
(2)(a)
until:
(a)
the student scores at or above benchmark on the benchmark reading assessment for
the student's current grade level; or
(b)
the literacy team jointly modifies the student's literacy plan.
(4)
A teacher of a student with an individualized reading plan shall review the student's plan
and literacy progress with the student and the student's parent during each parent teacher
conference.
(5)
An LEA shall assign a student with an individualized reading plan under this section to
a teacher who has completed or is in the process of completing formal training in the
science of reading.
(6)
Each school and each LEA shall retain a student's individualized reading plan as part of
the student's permanent school record.
Section 11. Section
53G-10-803
is enacted to read:
53G-10-803
Effective
07/01/26
. Scaled reading interventions.
(1)
In identifying reading interventions for a given student, the literacy team shall:
(a)
ensure that identified reading interventions present the best approach for the student
to improve literacy given the student's specific circumstances through:
(i)
alignment with the science of reading;
(ii)
research-based reading strategies for which evidence demonstrates success in
improving reading among low-performing readers; and
(iii)
targeting of the student's identified reading deficiencies;
(b)
recommend a scaled intensity of reading interventions and intervention settings
based on:
(i)
the student's historical and current performance on the benchmark assessment
relative to the benchmark for the student's grade level;
(ii)
any reading interventions the student has received in a previous grade, including
previous retention; and
(iii)
the student's performance in numeracy and other foundational abilities; and
(c)
consider including the following recommended reading interventions for a student in
grades 1 through 3 who scores well below benchmark on the end-of-year benchmark
reading assessment, in addition to in-school reading interventions:
(i)
screening for dyslexia, including providing information to a parent regarding
potential resources and options for screening; and
(ii)
extended learning options, including after-school reading interventions and
summer literacy programs.
(2)
(a)
An LEA shall consider retention and discuss the value of early retention with the
student's parent for:
(i)
a student in kindergarten who scores well below benchmark on the mid-year or
end-of-year benchmark reading assessment;
(ii)
a student in grade 1 who:
(A)
scores well below benchmark on the end-of-year benchmark reading
assessment; and
(B)
has already had an individualized reading plan before the end-of-year
benchmark reading assessment and does not demonstrate above typical
academic progress on the benchmark reading assessment;
(iii)
a student in grade 2 who scores well below benchmark on the end-of-year
benchmark reading assessment:
(A)
began grade 2 below benchmark on the benchmark reading assessment; or
(B)
has already had an individualized reading plan before the end-of-year
benchmark reading assessment and does not demonstrate above typical
academic progress on the benchmark reading assessment; and
(iv)
before the 2029-2030 academic year, a student in grade 3 who does not score at
or above benchmark on the end-of-year benchmark reading assessment.
(b)
Beginning with the end-of-year benchmark reading assessment in the 2029-2030
academic year, for a student in grade 3 who does not score at or above benchmark on
the end-of-year benchmark reading assessment, an LEA:
(i)
except as provided in Subsection
(2)(b)(ii)
, shall retain the student in grade 3; and
(ii)
may promote the student to grade 4 if one of the following good cause
exemptions applies:
(A)
the student scores below benchmark, but not well below benchmark, on the
benchmark reading assessment and makes typical academic progress on the
benchmark reading assessment;
(B)
the school provides intensive reading interventions during the summer
between grade 3 and grade 4, and the student improves to at benchmark or
above benchmark on a benchmark reading assessment that the school
administers during the summer;
(C)
the student is an English learner with limited English proficiency and fewer
than three years of instruction in an English language learner program;
(D)
the student has an IEP or Section 504 accommodation plan and if the student's
IEP or Section 504 accommodation plan indicates that participation in the
benchmark reading assessment is not appropriate, if the student has received
intensive reading interventions for two or more years, or if the student has been
retained in any of kindergarten or grades 1 through 3;
(E)
the student demonstrates an acceptable level of reading proficiency on an
alternative standardized assessment that the LEA superintendent approves or
by making above typical academic progress for multiple years on the
benchmark reading assessment;
(F)
the student demonstrates through a student portfolio that the student is
performing at an equivalent standard of proficiency based on other measures
that the individualized reading plan determines;
(G)
the student still demonstrates a reading deficiency after receiving intensive
reading interventions for two or more years and after having been retained in
any of kindergarten or grades 1 through 3; or
(H)
the student moved to a school for or during grade 3 and had not previously
received an individualized reading plan or received intensive reading
interventions previously.
(c)
An LEA shall provide a student described in Subsection
(2)(b)(ii)
intensive reading
interventions during grade 4 through an individualized reading plan, which may
include an extended instructional day.
(3)
(a)
Except as provided in Subsection
(3)(b)
, a student's literacy team shall make the
determination of whether a good cause exemption described in Subsection
(2)(b)(ii)

applies.
(b)
If members of a student's literacy team disagree as to whether a good cause
exemption described in Subsection
(2)(b)(ii)
applies, an individual whom the LEA's
superintendent designates shall make the determination of whether a good cause
exemption applies.
(4)
(a)
An LEA shall:
(i)
establish a process for a parent to appeal the determination described in
Subsection
(3)
regarding a student's retention or promotion under Subsection
(2)
if:
(A)
the determination process was erroneous; or
(B)
there is new evidence that is relevant to the determination; and
(ii)
designate an individual or a team within the LEA to review appeals under
Subsection
(4)(a)(i)
, including an individual who has received formal training in
and has experience working in the science of reading.
(b)
The state board shall create a model process for the appeals described in Subsection
(4)(a)
.
Section 12. Section
53G-10-804
, which is renumbered from Section 53E-3-1002 is renumbered
and amended to read:
53E-3-1002
53G-10-804
Effective
07/01/26
. Literacy coaching -- Professional
learning.
(1)
Subject to legislative appropriations,
the state board shall
each regional education
service agency and each school district that is not within a regional education service
agency shall:
(a)
provide, train, and assign literacy coaches
to schools with low literacy achievement
performance
to provide early literacy coaching to teachers in kindergarten through
grade 3, in accordance with this section
.
;
(b)
ensure the opportunity for formal professional learning in the science of reading for:
(i)
teachers in kindergarten through grade 3; and
(ii)
elementary school principals and vice principals; and
(c)
ensure that a literacy coach or teacher who has received formal professional learning
in the science of reading provides training in science of reading concepts to
paraprofessionals who work in kindergarten through grade 3 within the regional
education service agency or school district.
(2)
The state board shall make rules, in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to:
(a)
establish criteria to determine which schools qualify for early literacy coaching,
prioritizing coaching among:
(i)
schools that participate in partnerships that receive grants under
Title 53F,
Chapter 5, Part 4, Partnerships for Student Success Grant Program
; and
(ii)
schools that fall within the bottom 25% of all schools in literacy achievement
performance, as the state board further defines;
(b)
(a)
establish minimum qualifications for early literacy coach positions to ensure
adequate preparation with necessary expertise;
(c)
(b)
define roles and responsibilities for a literacy coach, including:
(i)
assisting educators in analyzing data to inform instructional adjustments;
(ii)
engaging in instructional coaching cycles with educators to build capacity for
improved classroom instructional practices;
(iii)
using principles of adult learning to effectively partner with educators to
integrate professional learning into classroom practice;
(iv)
leveraging knowledge of the science of reading and evidence-based practices to
support educators in maximizing student learning;
(v)
partnering with a school's leader to support school-wide literacy goals to provide
a team of support for educators to embed the state-wide goals into instructional
plans and practice;
(vi)
delivering consistent and frequent job-embedded professional learning;
(vii)
participating actively in professional learning experiences to deepen knowledge
and skills for coaching; and
(viii)
designing and facilitating relevant and cohesive professional learning sessions
to strengthen the implementation of these evidence-based practices with
educators; and
(d)
(c)
establish parameters for the relationship between a literacy coach and school or
LEA
school district
, including ensuring that coaches do not engage in activities or
duties unrelated to literacy coaching, including:
(i)
serving as an evaluator, substitute teacher, clerical aid, recess or lunch aid,
behavioral therapist, tester, guidance counselor, interventionist, program manager,
or contest leader; or
(ii)
any other assignment that frequently disrupts the coach's ability to support
educators in improving instructional practice.
(3)
The state board
Each regional education service agency and each LEA that is not
within a regional education service agency
shall
:

(a)
ensure that
at least
one staff position
supervises
supports
early literacy
coaches
statewide;
.
(b)
select the pool of candidates for literacy coaching positions and coordinate with
LEAs regarding interviews, final selection, and placement; and
(c)
annually review coaching placements and adjust placements as necessary, based on
the school's literacy achievement performance and the criteria established under
Subsection
(2)
.
(4)
The state board shall provide professional learning support in early literacy by:
(a)
facilitating professional learning opportunities to support literacy coaches statewide
that includes knowledge and skill development in adult learning practices,
job-embedded coaching, and family engagement;
(b)
providing professional learning regional consultants to:
(i)
support LEAs and regional education service agencies in designing, facilitating,
monitoring, and adjusting professional learning in early literacy that aligns with
the professional learning standards described in Section
53G-11-303
; and
(ii)
serve a cohort of LEAs within a geographic region of the state; and
(c)
providing statewide professional learning to support the use of collective efficacy,
including the implementation of professional learning communities and school
leadership teams through 2027.
Section 13. Section
53G-10-805
is enacted to read:
53G-10-805
Effective
07/01/26
. Performance monitoring.
(1)
The entities described in Subsection
(2)
shall annually monitor:
(a)
student performance within an LEA regarding the statewide goal described in
Section
53E-3-1001
for third-grade reading; and
(b)
elementary school performance regarding literacy instruction, science of reading
training, and the provision of reading interventions described in this part.
(2)
The following shall provide the monitoring described in Subsection
(1)
:
(a)
for a school district, the local governing board;
(b)
for a charter school, the charter school's authorizer; and
(c)
for all public schools, the state board.
Section 14. Section
53G-10-806
, which is renumbered from Section 53G-10-306 is renumbered
and amended to read:
53G-10-306
53G-10-806
Effective
07/01/26
. Science of reading curriculum.
(1)
Each LEA shall adopt science of reading curriculum and intervention programs as
advised by the science of reading panel described in Section
53E-3-1003
and in
accordance with this part
.
(2)
An LEA may not include a three-cueing model in any curriculum or pedagogical
practice except in relation to an individual student for whom an IEP or Section 504
accommodation plan explicitly indicates that the three-cueing approach is appropriate
for the student's learning needs.
Section 15. Section
53G-11-507
is amended to read:
53G-11-507
Effective
07/01/26
Repealed
07/01/29
. Components of educator
evaluation program.
(1)
A local school board in consultation with a joint committee established in Section
53G-11-506
shall adopt a reliable and valid educator
and principal
evaluation program
that evaluates educators based on educator professional standards established by the
state board and includes:
(a)
a systematic annual evaluation of all provisional, probationary, and career educators;
(b)
use of multiple lines of evidence, including:
(i)
self-evaluation;
(ii)
student and parent input;
(iii)
for an administrator, employee input;
(iv)
a reasonable number of supervisor observations to ensure adequate reliability;
(v)
evidence of professional growth and other indicators of instructional
improvement based on educator professional standards established by the state
board;
and
(vi)
for a teacher in kindergarten through grade 3, fluency in and implementation of
the science of reading, as that term is defined in Section
53G-10-306
;
(vii)
for a principal of a school that includes kindergarten through grade 3, effective
implementation of the science of reading, as that term is defined in Section
53G-10-306
, within the school; and
(vi)
(viii)
student academic growth data
, including, in kindergarten through grade 3,
student performance and academic progress on the benchmark reading assessment
described in Section
53E-4-307
;
(c)
a summative evaluation that differentiates among levels of performance; and
(d)
for an administrator, the effectiveness of evaluating employee performance in a
school or school district for which the administrator has responsibility.
(2)
(a)
An educator evaluation program described in Subsection
(1)
may include a
reasonable number of peer observations.
(b)
An educator evaluation program described in Subsection
(1)
may not use
end-of-level assessment scores in educator evaluation.
Section 16.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-6-26 9:23 AM