Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 16 D · 6 R cosponsors

HB 304 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO READING COMPETENCY.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 24, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 30 sponsors

    4 primary, 26 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (16 D · 6 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention. The Department is tasked with compiling a list of reading screeners as well as literacy intervention approaches that are aligned with the science of reading that charter schools and districts may use. The Department will take into account the science of reading and evidence-based research in creating the list as well as the alignment of screeners and interventions with a multi-tiered system of support. The Department is also required to consider the burden on schools to administer screeners and the amenability of the screener to being incorporated into ongoing instruction. Charter schools and districts are additionally required to provide the results of each screening to a student’s parent – which may be done by adding it to existing communications such as report cards or progress reports. Finally, charter schools and districts must report, by grade, the number of students in kindergarten through grade 3 determined to have potential reading deficiencies and what intervention approach is being used, as well as the number of students receiving dyslexia specific interventions. The Department of Education is tasked with compiling this information into a report for the General Assembly, the State Board of Education, and the Governor.

Bill Text

What changed in the latest version

107 added · 34 removed

107 line(s) added, 34 removed.

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Williams HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Williams & Sen.
1 TO HOUSE BILL NO.
Sturgeon & Sen.
304 AMEND House Bill No.
S.
304 by inserting after the period on line 41 the following:
McBride & Sen.
“A district or charter school shall provide educators time during the contractual day to complete data entry and compilation associated with the screener, to communicate with families, and any other responsibility as outlined in this section.
Lockman Reps.
A district or charter school shall provide coverage for instruction or student support when the educator is meeting the responsibilities outlined in this section.”.
Baumbach, Bush, Heffernan, K.
FURTHER AMEND House Bill No.
Johnson, Kowalko, Longhurst, Osienski, Shupe;
304 by deleting lines 45 through 47 and inserting in lieu thereof the following:
Sens.
“(c) The Department, in consultation with curriculum and special education supervisors from local education agencies, elementary school teachers, and elementary special education teachers, shall develop, maintain, and publish a list of universal reading screeners and a list of literacy intervention approaches that are aligned with the essential components of evidence-based reading instruction listed under § 1280(c)(3) of this title.
Bonini, Brown, Ennis, Gay, Hansen, Hocker, Lawson, Lopez, Mantzavinos, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Townsend, Walsh, Wilson HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
Initial publication of the lists must occur by December 1, 2022.
304 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO READING COMPETENCY.
FURTHER AMEND House Bill No.
WHEREAS, advances in understanding how children learn to read has produced a body of research by linguists, psychologists, and cognitive scientists known as the “science of reading” which reflects a conclusion that effective beginning reading instruction has certain essential components of reading literacy:
304 on line 64 after “cost” and before the period by inserting “which shall be provided during the contractual day”.
phonemic awareness, phonics, reading fluency, vocabulary, text comprehension, and oral language;
FURTHER AMEND House Bill No.
and WHEREAS, decades of research have demonstrated that early intervention in education and ensuring students are rd proficient by 3 grade are extremely effective strategies for addressing potential issues and ensuring future success;
304 by deleting lines 65 through 71 and inserting in lieu thereof the following:
and WHEREAS, literacy is a fundamental skill for work and long-term success, and research demonstrates the negative implications on lifelong learning and opportunities if students are not supported to read proficiently by grade 3;
“(d) Beginning in 2023, each school district and charter school shall report annually to the Department, on or before October 31, the number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention approaches being provided.
and WHEREAS, early identification is critical to help educators address literacy issues as early as possible, and universal screening is an effective way to identify gaps in key foundational skills and characteristics of dyslexia;
SYNOPSIS This amendment does the following:
and WHEREAS, all educators should have knowledge of the science of reading and how to teach reading – and every educator should know what to do when child is struggling;
Specifies that educators must be given time during the contractual day to complete duties associated with the universal reading screener, including professional learning.
and WHEREAS, screening tools are one tool and data source for educators to support student learning within a system of screening, diagnostic, and assessment tools that are part of a multi-tiered system of support for student progress;
and WHEREAS, Delaware requires universal screening and at least two more screenings throughout the school year to inform interventions.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Subchapter III, Chapter 1 of Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 158.
Student Assessment and Accountability Committee.
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05/10/2022 11:31 AM Requires inclusion of curriculum and special education supervisors, as well as elementary school teachers and elementary special education teachers, from districts and charters in the development of the lists of aligned screeners and interventions.
03/24/2022 11:47 AM ---Repealed by 77 Del.
Removes the separate reporting requirement for dyslexia specific interventions.
Laws, c.
106, § 1, effective July 6, 2009.
§ 158.
Reading screening.
(a) As used in this section:
(1) “Literacy intervention approaches” means evidence-based, specialized reading, writing, and spelling instruction that is systematic and explicit and intensified based on the needs of the student.
Dyslexia specific intervention approaches may require greater intensity, such as smaller groups, increased frequency of instruction, and individualized progression through steps, than typical evidence-based reading instruction.
(2) “Universal reading screener” means a tool used as part of a multi-tiered system of support to determine if a student is at risk for developing reading difficulties and the need for intervention and to evaluate the effectiveness of core curriculum as an outcome measure.
A universal reading screener must do all of the following:
a.
Measure, at a minimum, phonemic awareness, phonological awareness, symbol recognition, alphabet knowledge, decoding and encoding skills, fluency, and comprehension.
b.
Identify students who have a potential reading deficiency, including identifying students with characteristics of dyslexia.
(b) (1) Beginning July 1, 2023, a district or charter school shall screen each student enrolled in kindergarten through third grade 3 times a year for reading competency using a universal reading screener chosen from the list of aligned universal reading screeners maintained by the Department of Education (Department).
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The results of the screening and any intervention approaches being implemented shall be communicated in writing to each student’s parent or guardian, either through inclusion in existing periodic progress reports or report cards, or otherwise.
(2) Beginning July 1, 2024, districts and charter schools shall provide 1 or more literacy interventions from the list of aligned literacy intervention approaches maintained by the Department for each student or group of students identified with a potential reading deficiency.
(c) The Department shall, by December 1, 2022, maintain and publish a list of universal reading screeners and a list of literacy intervention approaches that are aligned with the essential components of evidence-based reading instruction listed under § 1280(c)(3) of this title.
(1) In determining which universal reading screeners to include on the list, the Department shall also consider the following factors:
a.
The time required to conduct the screening, with the intention of minimizing impact on instructional time.
b.
The timeliness in reporting screening results to teachers, administrators, and parents.
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03/24/2022 11:47 AM c.
The integration of assessment and instruction the screener provides, including the ability to provide progress monitoring capabilities and a diagnostic tool to support teachers or a progress monitoring team with targeted instruction based on student needs.
d.
Screening, diagnostic assessment, and progress monitoring processes shall be aligned with multi-tiered system of support procedures and tools should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.
(2) The Department shall include with its list of aligned universal reading screeners and literacy intervention approaches, an explanation of how these screeners and interventions were selected, including consultation with national expert organizations and the evidence base as demonstrated by the National Center on Intensive Intervention or similar validated research.
(3) The Department shall provide professional learning on reading screening and literacy intervention approaches at no cost.
(d) Beginning in 2023, each school district and charter school shall report annually to the Department, on or before October 31, all of the following information broken down by individual school:
(1) The number and percentage of students in kindergarten through third grade, disaggregated by grade, identified with a potential reading deficiency pursuant to the screening mandated in subsection (b) of this section and the literacy intervention approaches being provided.
(2) The number and percentage of students in kindergarten through third grade, disaggregated by grade, receiving dyslexia specific intervention approaches and the name of the dyslexia specific intervention being provided.
(e) Beginning in 2023, on or before December 31, the Department shall annually compile the information received from districts and charters under subsection (d) of this section and deliver a comprehensive report to the State Board of Education, the Governor, the Chairs of the Education Committees of the Senate and House of Representatives, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.
The report must also be available to the public on the Department’s website.
SYNOPSIS This Act recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention.
The Department is tasked with compiling a list of reading screeners as well as literacy intervention approaches that are aligned with the science of reading that charter schools and districts may use.
The Department will take into account the science of reading and evidence-based research in creating the list as well as the alignment of screeners and interventions with a multi-tiered system of support.
The Department is also required to consider the burden on schools to administer screeners and the amenability of the screener to being incorporated into ongoing instruction.
Charter schools and districts are additionally required to provide the results of each screening to a student’s parent – which may be done by adding it to existing communications such as report cards or progress reports.
HD :
KL :
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03/24/2022 11:47 AM Finally, charter schools and districts must report, by grade, the number of students in kindergarten through grade 3 determined to have potential reading deficiencies and what intervention approach is being used, as well as the number of students receiving dyslexia specific interventions.
The Department of Education is tasked with compiling this information into a report for the General Assembly, the State Board of Education, and the Governor.
HD :
KL :
MAW Page 4 of 4 Released:
03/24/2022 11:47 AM 2141510415
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Education) in Senate with 4 Favorable, 2 On Its Merits

  4. Assigned to Education Committee in Senate

  5. Passed By House. Votes: 40 YES 1 ABSENT

  6. Amendment HA 1 to HB 304 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 304 - Introduced and Placed With Bill

  8. Reported Out of Committee (Education) in House with 8 Favorable, 5 On Its Merits

  9. Introduced and Assigned to Education Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 26 co-sponsors · 32 not signed on

Sponsors (4)

Not signed on (32)

32 members have not signed on to this bill.

Show all 32 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 11001
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Not Voting
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 304 do?
This Act recognizes advancements in the science of reading and literacy instruction by requiring that all public school students in kindergarten through grade 3 participate in a universal reading screening 3 times each year to identify potential reading deficiencies, including dyslexia, and allow for early intervention and prevention. The Department is tasked with compiling a list of reading screeners as well as literacy intervention approaches that are aligned with the science of reading that charter schools and districts may use. The Department will take into account the science of reading and evidence-based research in creating the list as well as the alignment of screeners and interventions with a multi-tiered system of support. The Department is also required to consider the burden on schools to administer screeners and the amenability of the screener to being incorporated into ongoing instruction. Charter schools and districts are additionally required to provide the results of each screening to a student’s parent – which may be done by adding it to existing communications such as report cards or progress reports. Finally, charter schools and districts must report, by grade, the number of students in kindergarten through grade 3 determined to have potential reading deficiencies and what intervention approach is being used, as well as the number of students receiving dyslexia specific interventions. The Department of Education is tasked with compiling this information into a report for the General Assembly, the State Board of Education, and the Governor.
Who sponsors HB 304?
HB 304 is sponsored by Kyle Evans Gay, Marie Pinkney (Democratic), Nicole Poore (Democratic), Bryant L. Richardson (Republican), David P. Sokola (Democratic), Bryan Townsend (Democratic), John "Jack" Walsh (Democratic), David L. Wilson (Republican), William Bush (Democratic), Debra Heffernan (Democratic), Kendra Johnson (Democratic), Edward S. Osienski (Democratic), Bryan W. Shupe (Republican), Kimberly Williams (Democratic), Laura V. Sturgeon (Democratic), S. Elizabeth Lockman (Democratic), Darius J. Brown (Democratic), Stephanie L. Hansen (Democratic), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Brian Pettyjohn (Republican), Ernesto B Lopez, Bruce C. Ennis, Colin Bonini, Sarah McBride, Valerie Longhurst, John A. Kowalko, and Paul S. Baumbach.
What is the current status of HB 304?
This bill has been enacted into law. Introduced March 24, 2022. Enacted.
Where can I track HB 304?
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