Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 16 D · 7 R cosponsors

SB 4 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EVIDENCE-BASED READING CURRICULA.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced April 05, 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.

  • 29 sponsors

    5 primary, 24 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (16 D · 7 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 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

Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials. School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information. The information required in the Department’s report may be consolidated into a single report with the requirements under § 158 of Title 14, if House Bill No. 304 is also enacted this year. Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 also requires that by the beginning of the 2027-2028 school year, school districts and charter schools serving students in grades kindergarten through 3 do all of the following: 1. Adopt a reading instruction curriculum from the Department list. 2. Demonstrate that all educators who teach reading successfully complete professional development aligned with the essential components of evidence-based reading instruction. 3. Identify a school-based supervisory position responsible for assisting with the implementation of the adopted curriculum. Senate Substitute No. 1 for Senate Bill No. 4 differs from Senate Bill No. 4 by doing all of the following: 1. Requires the Department to maintain, on its website, the criteria and rubric used to identify high-quality curriculum. 2. Allows school districts and charter schools to apply to have alternative curriculum that meet these criteria approved. 3. Clarifies the requirements. 4. Adds to the list of positions that are responsible for reading instruction and coaching. 5. Makes technical corrections.

Bill Text

What changed in the latest version

135 added · 16 removed

135 line(s) added, 16 removed.

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Previous
Latest
Rep.
Sen.
Sturgeon & Sen.
Bonini & Sen.
S.
McBride & Rep.
Williams HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Williams & Rep.
1 TO SENATE SUBSTITUTE NO.
Heffernan Sens.
Brown, Ennis, Gay, Hansen, Hocker, Lawson, Lockman, Lopez, Mantzavinos, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Townsend, Walsh, Wilson;
Reps.
Baumbach, Dukes, Griffith, Morrison, Osienski, Shupe DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
4 AMEND Senate Substitute No.
4 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EVIDENCE-BASED READING CURRICULA.
WHEREAS, reading is the foundation for learning and lifelong success;
and WHEREAS, only 36% of Delaware’s fourth graders scored proficient or advanced on the National Assessment of Educational Progress, placing the State below the national average;
and WHEREAS, based on 2019 data, in Delaware, 84% of Black students were not proficient in reading by 4th grade, 78% of Hispanic students were not proficient in reading by fourth grade, and 83% of students who were eligible for free or reduced lunch were not proficient in reading by fourth grade;
and WHEREAS, Delaware’s economically-disadvantaged students are performing below the national average;
and WHEREAS, since 2002, Delaware’s reading scores have dropped from sixth in the nation to thirty-seventh;
and WHEREAS, only 51% of third graders score at or above grade level in English Language Arts on Delaware’s state assessment, with gaps in achievement among racial and socioeconomic subgroups;
and 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”;
and WHEREAS, the science of reading reflects a conclusion that effective early reading instruction has 6 essential components:
phonemic awareness, phonics, reading fluency, vocabulary, text comprehension, and oral language;
and WHEREAS, research shows that children who do not achieve sound reading skills at an early age fall behind their peers and that the gap between proficient readers and those who struggle continues to widen over time;
and WHEREAS, proficient third grade readers are nearly 5 times more likely to graduate from high school than their struggling peers;
and LC :
DIG :
CM Page 1 of 4 Released:
04/05/2022 12:54 PM WHEREAS, in the last decade, states that have adopted science of reading policy standards have seen dramatic gains in reading achievement;
and WHEREAS, there are no State standards in Delaware for instructional materials based on the science of reading or requirements that State funds must be used on these materials;
and WHEREAS, curriculum, which includes evidence-based practices, instructional materials, and assessment and screening tools, is part of the approach educators use to support students’ success in literacy;
and WHEREAS, educators deserve support in selecting and implementing high-quality, research-based instructional materials based on the science of reading.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4144.
Evidence-based reading curricula.
(a)(1) The Department of Education (Department) shall maintain a list of evidence-based, reading instruction curricula for grades kindergarten through 3 in school districts and charter schools.
A curriculum on this list must meet all of the following requirements:
a.
Align with evidence-based reading instruction in the essential components of reading based on science of reading research, as listed under § 1280(c)(3) of this title.
b.
Show all 142 changed rows (102 more)
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Latest
Include a logical scope and sequence that is sequential, systematic, and cumulative.
c.
Include or support the use of high-quality instructional materials.
(2) The Department shall maintain all of the following on the Department website:
a.
The current list of curricula under paragraph (a)(1) of this section.
b.
The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1) of this section.
(3)a.
The Department shall provide a process through which school districts and charter schools can submit an application for Department approval of an alternative curriculum that meets the requirements under paragraph (a)(2)b.
of this section.
b.
The Department shall add curricula approved under paragraph (a)(3)a.
of this section to the list under paragraph (a)(2)a.
of this section.
(b) If a school district or charter school serves students in 1 or more of the grades kindergarten through 3, the school district or charter school must do all of the following before the beginning of the 2027 – 2028 school year:
LC :
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04/05/2022 12:54 PM (1) For students served in grades kindergarten through 3, adopt a reading instruction curriculum from the list under subsection (a) of this section.
(2) Approve competency-based professional development for educators providing reading instruction.
This professional development must be completed during the contractual day and must be high-quality professional learning aligned with the essential components of evidence-based reading instruction, including any of the following:
a.
Professional learning associated with the curriculum adopted under paragraph (b)(1) of this section.
b.
Attainment of micro-credentials.
(3) Identify a literacy coordinator, which is a school-based supervisory position responsible for assisting with the implementation of the curricula adopted under paragraph (b)(1) of this section.
(4) Demonstrate that all educators responsible for reading instruction or coaching have completed approved professional development under paragraph (b)(2) of this section, including all educators identified or certified as any of the following:
a.
Elementary teacher.
b.
School reading specialist.
c.
Reading interventionist.
d.
Special education teacher of students with disabilities.
e.
Literacy coordinator, under paragraph (b)(3) of this section.
f.
Literacy coach.
g.
A literacy cadre position.
(c) Beginning October 31, 2023, each school district and charter school shall annually report all of the following to the Department for the Department’s annual report:
(1) The curricula adopted under this section.
(2) The individuals identified under paragraph (b)(3) of this section and each individual’s responsibilities for approving and providing professional development required under paragraphs (b)(2) and (b)(4) of this section.
(3) How the school district or charter school will ensure that educators have access to and have successfully completed the professional development required under paragraph (b)(4) of this section.
(d)(1) Beginning December 31, 2023, the Department shall produce an annual report that provides all of the following:
a.
A list of the curricula adopted under subsection (a) of this section and the number of schools that have adopted each curriculum listed.
LC :
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04/05/2022 12:54 PM b.
The number of educators who have received each type of professional development provided under paragraph (b)(2) of this section.
c.
The percentage of the educators required to receive professional development under paragraph (b)(4) of this section that have successfully completed that professional development.
(2) The Department shall send the report required under this subsection to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the members of the House and Senate Education Committees, the Governor, State Board of Education, P-20 Council, Professional Standards Board, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.
Section 2.
Amend Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 4144.
Evidence-based reading curricula.
(d)(2) The report required under paragraph (d)(1) of this section may be consolidated with the report required under § 158 of this title and submitted as a single report.
Section 3.
If House Bill No.
304 is also enacted into law, Section 2 of this Act takes effect January 1, 2023.
Section 4.
If House Bill No.
304 is not enacted into law, Section 2 of this Act does not take effect.
SYNOPSIS Like Senate Bill No.
4, Senate Substitute No.
4 by deleting lines 56 and 57 in their entirety and inserting in lieu thereof the following:
4 requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3.
“(3) Identify an individual responsible for assisting each school with the implementation of the curricula adopted under paragraph (b)(1) of this section.”.
Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials.
FURTHER AMEND Senate Substitute No.
School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information.
The information required in the Department’s report may be consolidated into a single report with the requirements under § 158 of Title 14, if House Bill No.
304 is also enacted this year.
Like Senate Bill No.
4, Senate Substitute No.
4 on line 65 by deleting “Literacy coordinator,” and inserting in lieu thereof “The individual identified”.
4 also requires that by the beginning of the 2027-2028 school year, school districts and charter schools serving students in grades kindergarten through 3 do all of the following:
SYNOPSIS This Amendment provides broad flexibility regarding how school districts and charter schools fulfill the requirement to identify an individual who is responsible for assisting with the implementation of the curricula adopted under this Act.
1.
Instead of a school-based supervisory position, the person responsible for providing this assistance can be a school-based or district-level position, and the individual in this position can be a teacher, administrator, or consultant.
Adopt a reading instruction curriculum from the Department list.
LC :
2.
Demonstrate that all educators who teach reading successfully complete professional development aligned with the essential components of evidence-based reading instruction.
3.
Identify a school-based supervisory position responsible for assisting with the implementation of the adopted curriculum.
Senate Substitute No.
1 for Senate Bill No.
4 differs from Senate Bill No.
4 by doing all of the following:
1.
Requires the Department to maintain, on its website, the criteria and rubric used to identify high-quality curriculum.
2.
Allows school districts and charter schools to apply to have alternative curriculum that meet these criteria approved.
3.
Clarifies the requirements.
4.
Adds to the list of positions that are responsible for reading instruction and coaching.
5.
Makes technical corrections.
Author:
Senator Sturgeon LC :
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 18 YES 3 ABSENT

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

  4. Amendment HA 2 to SS 1 - Passed In House by Voice Vote

  5. Amendment HA 1 to SS 1 - Passed In House by Voice Vote

  6. Amendment HA 2 to SS 1 - Introduced and Placed With Bill

  7. Reported Out of Committee (Education) in House with 10 Favorable, 7 On Its Merits, 1 Unfavorable

  8. Amendment HA 1 to SS 1 - Introduced and Placed With Bill

  9. Assigned to Education Committee in House

  10. Passed By Senate. Votes: 21 YES

  11. Reported Out of Committee (Education) in Senate with 5 Favorable, 1 On Its Merits

  12. Adopted in lieu of the original bill SB 4, and Assigned to Education Committee in Senate

Sponsors

Sponsorship breakdown

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5 sponsors · 24 co-sponsors · 33 not signed on

Sponsors (5)

Co-sponsors (24)

Not signed on (33)

33 members have not signed on to this bill.

Show all 33 →

"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 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 9002
Republican 4001
Total 18003
% of votes cast 86%0%0%14%
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 Not Voting
Spiros Mantzavinos Democratic Not Voting
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Not Voting
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 16000
Republican 11001
Unaffiliated 13000
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 →

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 →

Subjects

education
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Frequently asked questions

What does SB 4 do?
Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials. School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information. The information required in the Department’s report may be consolidated into a single report with the requirements under § 158 of Title 14, if House Bill No. 304 is also enacted this year. Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 also requires that by the beginning of the 2027-2028 school year, school districts and charter schools serving students in grades kindergarten through 3 do all of the following: 1. Adopt a reading instruction curriculum from the Department list. 2. Demonstrate that all educators who teach reading successfully complete professional development aligned with the essential components of evidence-based reading instruction. 3. Identify a school-based supervisory position responsible for assisting with the implementation of the adopted curriculum. Senate Substitute No. 1 for Senate Bill No. 4 differs from Senate Bill No. 4 by doing all of the following: 1. Requires the Department to maintain, on its website, the criteria and rubric used to identify high-quality curriculum. 2. Allows school districts and charter schools to apply to have alternative curriculum that meet these criteria approved. 3. Clarifies the requirements. 4. Adds to the list of positions that are responsible for reading instruction and coaching. 5. Makes technical corrections.
Who sponsors SB 4?
SB 4 is sponsored by Kyle Evans Gay, Bruce C. Ennis, Sarah McBride, Colin Bonini, John "Jack" Walsh (Democratic), Laura V. Sturgeon (Democratic), Kimberly Williams (Democratic), Debra Heffernan (Democratic), Darius J. Brown (Democratic), Stephanie L. Hansen (Democratic), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), S. Elizabeth Lockman (Democratic), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Brian Pettyjohn (Republican), Marie Pinkney (Democratic), Nicole Poore (Democratic), Bryant L. Richardson (Republican), David P. Sokola (Democratic), Bryan Townsend (Democratic), David L. Wilson (Republican), Timothy D. Dukes (Republican), Krista Griffith (Democratic), Eric Morrison (Democratic), Edward S. Osienski (Democratic), Bryan W. Shupe (Republican), Paul S. Baumbach, and Ernesto B Lopez.
What is the current status of SB 4?
This bill has been enacted into law. Introduced April 05, 2022. Enacted.
Where can I track SB 4?
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