§ 120B.12 — READ ACT GOAL AND INTERVENTIONS

Minnesota § 120B.12

• Jurisdiction: Minnesota
• Part: EDUCATION CODE: PREKINDERGARTEN - GRADE 12
• Ch. 120B: CURRICULUM AND ASSESSMENT

Text

Subdivision 1.Literacy goal.
(a) The legislature seeks to have every child reading at or above grade level every year, beginning in kindergarten, and to support multilingual learners and students receiving special education services in achieving their individualized reading goals in order to meet grade-level benchmarks. By the 2026-2027 school year, districts must provide evidence-based reading instruction through a focus on student mastery of the foundational reading skills of phonemic awareness, phonics, and fluency, as well as the development of oral language, vocabulary, and reading comprehension skills. Students must receive evidence-based instruction that is proven to effectively teach children to read, consistent with sections120B.118to120B.124.
(b) To meet this goal, each district must provide teachers and instructional support staff with responsibility for teaching reading with training on evidence-based reading instruction that is approved by the Department of Education by the deadlines provided in section120B.123, subdivision 5.
(c) Districts are strongly encouraged to adopt a MTSS framework. The framework should include a process for engaging families and communities, monitoring student progress, evaluating program fidelity, and analyzing student outcomes and needs in order to design and implement ongoing evidenced-based, culturally responsive instruction and interventions.

Subd. 2.Identification; report.
(a) Each school district must screen every student enrolled in kindergarten, grade 1, grade 2, and grade 3 using a screening tool approved by the Department of Education three times each school year: (1) within the first six weeks of the school year; (2) by February 15 each year; and (3) within the last six weeks of the school year. Students enrolled in kindergarten, grade 1, grade 2, and grade 3, including multilingual learners, students receiving special education services, and students enrolled in dual language immersion programs, must be universally screened for mastery of foundational reading skills, including phonemic awareness, phonics, decoding, fluency, oral language, and for characteristics of dyslexia as measured by a screening tool approved by the Department of Education. The screening for characteristics of dyslexia may be integrated with universal screening for mastery of foundational skills and expressive or receptive language mastery. The screening tool used must be a valid and reliable universal screener that is highly correlated with foundational reading skills. For students reading at grade level, beginning in the winter of grade 2, the oral reading fluency screener may be used to assess reading difficulties, including characteristics of dyslexia, without requiring a separate screening of each subcomponent of foundational reading skills. A district must submit data on student performance in kindergarten, grade 1, grade 2, and grade 3 on foundational reading skills, including phonemic awareness, phonics, decoding, fluency, and oral language to the Department of Education in the annual local literacy plan submission due on June 15.
(b) For students enrolled in dual language immersion programs:
(1) if students are screened in the partner language, they must be screened at the same interval as the screenings in English under paragraph (a);
(2) if the program provides instruction in foundational reading skills in English, the students receiving that instruction must be screened in English;
(3) if the program provides instruction in foundational reading skills in the partner language, the students receiving that instruction must be screened in the partner language;
(4) if no screener is available in the partner language, the districts must identify how students' reading proficiency is assessed and how the districts determine and provide targeted reading instruction in the partner language and supports to students identified as needing additional support in developing mastery of foundational reading skills; and
(5) the partner language screening tool must be approved by the district for kindergarten through grade 3 students.
(c) Students in grades 4 and above, including multilingual learners and students receiving special education services, who are not reading at grade level must be screened for reading difficulties, including characteristics of dyslexia, using a screening tool approved by the Department of Education, and must continue to receive evidence-based instruction, interventions, and progress monitoring until the students achieve grade-level proficiency. A parent, in consultation with a teacher, may opt a student out of the literacy screener if the parent and teacher decide that continuing to screen would not be beneficial to the student. In such limited cases, the student must continue to receive progress monitoring and literacy interventions.
(d) Reading screeners in English, and in the predominant languages of district students where practicable, must identify and evaluate students' areas of academic need related to literacy. The district also must monitor the progress and provide reading instruction appropriate to the specific needs of multilingual learners. The district must use an approved, developmentally appropriate, and culturally responsive screener and annually report summary screener results to the commissioner by June 15 in the form and manner determined by the commissioner.
(e) The district also must include in its local literacy plan under subdivision 4a, a summary of the district's efforts to screen, identify, and provide interventions to students who demonstrate characteristics of dyslexia as measured by a screening tool approved by the Department of Education. Districts are strongly encouraged to use a MTSS framework. With respect to students screened or identified under paragraph (a), the report must include:
(1) a summary of the district's efforts to screen for characteristics of reading difficulties, including dyslexia;
(2) the number of students universally screened for that reporting year;
(3) the number of students demonstrating characteristics of dyslexia for that year; and
(4) an explanation of how students identified under this subdivision are provided with alternate instruction and interventions under section125A.56, subdivision 1.

Subd. 2a.Parent notification and involvement.
(a) A district must administer an approved reading screener to students in kindergarten through grade 3 within the first six weeks of the school year, by February 15 each year, and again within the last six weeks of the school year. Schools, after administering each screener, must follow the language access plan under section123B.32and give the parent of each student who is not reading at or above grade level information from the screener about:
(1) the student's reading proficiency as measured by a screener approved by the Department of Education;
(2) reading-related services currently being provided to the student and the student's progress; and
(3) strategies for parents to use at home in helping their student succeed in becoming grade-level proficient in reading in English and in their native language.
(b) For students enrolled in dual language immersion programs, the district must measure the student's reading proficiency in English or in the program's partner language, if available, according to subdivision 2. Following the district's language access plan under section123B.32, the district must notify families with timely information about students' reading proficiency, including how the student's reading proficiency is assessed, any reading-related services or supports provided to the student and the student's progress, and strategies for families to use at home in helping students succeed in becoming grade-level proficient in reading in English or the partner language. The dual language immersion program may provide information about national research on reading proficiency for students in dual language immersion programs in the parent notification.
(c) A district may not use this section to deny a student's right to a special education evaluation.

Subd. 3.Intervention.
(a) For each student identified under subdivision 2, the district shall provide aligned and targeted reading intervention to accelerate student growth and reach the goal of reading at or above grade level by the end of the current grade and school year. A district is encouraged to provide reading intervention through a MTSS framework. If a student does not read at or above grade level by the end of the current school year, the district must continue to provide aligned and targeted reading intervention as defined by the MTSS framework until the student reads at grade level. District intervention methods shall encourage family engagement and, where possible, collaboration with appropriate school and community programs that specialize in evidence-based instructional practices and measure mastery of foundational reading skills, including phonemic awareness, phonics, decoding, fluency, and oral language. Intervention may include but is not limited to requiring student attendance in summer school, intensified reading instruction that may require that the student be removed from the regular classroom for part of the school day, extended-day programs, or programs that strengthen students' cultural connections.
(b) A district or charter school is strongly encouraged to provide a personal learning plan for a student who is unable to demonstrate grade-level proficiency, as measured by the statewide reading assessment in grade 3 or a screener identified by the Department of Education under section120B.123. The district or charter school must determine the format of the personal learning plan in collaboration with the student's educators and other appropriate professionals. The school must develop the learning plan in consultation with the student's parent or guardian. The personal learning plan must include targeted instruction that is evidence-based and ongoing progress monitoring, and address knowledge gaps and skill deficiencies through strategies such as specific exercises and practices during and outside of the regular school day, group interventions, periodic assessments or screeners, and reasonable timelines. The personal learning plan may include grade retention, if it is in the student's best interest; a student may not be retained solely due to delays in literacy or not demonstrating grade-level proficiency. A school must maintain and regularly update and modify the personal learning plan until the student reads at grade level. This paragraph does not apply to a student under an individualized education program.
(c) Starting in the 2026-2027 school year, a district must use only evidence-based literacy interventions. Districts are strongly encouraged to use intervention materials approved by the Department of Education under the Read Act.
(d) Starting in the 2026-2027 school year, to provide foundational reading intervention, a trained teacher who has completed an approved professional development training must oversee and monitor the instruction provided by any paraprofessional or other unlicensed person, including a volunteer. A paraprofessional or other unlicensed person, including a volunteer, must complete evidence-based training developed under the Read Act and offered at no cost through the regional literacy networks under section120B.124, subdivision 4, or a training that the department has determined meets or exceeds the requirements of section120B.124, subdivision 4.

Subd. 4.Staff development.
(a) A district must provide training on evidence-based structured literacy instruction to teachers and instructional staff in accordance with subdivision 1, paragraphs (b) and (c). The training must include teaching in the areas of phonemic awareness, phonics, vocabulary development, reading fluency, reading comprehension, and culturally and linguistically responsive pedagogy.
(b) Each district shall use the data under subdivision 2 to identify the staff development needs so that:
(1) elementary teachers are able to implement explicit, systematic, evidence-based instruction in the five reading areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension with emphasis on mastery of foundational reading skills as defined in section120B.119and other literacy-related areas including writing until the student achieves grade-level reading and writing proficiency;
(2) elementary teachers receive training to provide students with evidence-based reading and oral language instruction that meets students' developmental, linguistic, and literacy needs using the intervention methods or programs selected by the district for the identified students;
(3) licensed teachers employed by the district have opportunities to improve reading and writing instruction through approved professional development identified in the local literacy plan;
(4) licensed teachers recognize students' diverse needs in cross-cultural settings and are able to serve the oral language and linguistic needs of students who are multilingual learners by maximizing strengths in their native languages in order to cultivate students' English language development, including academic language development, and build academic literacy; and
(5) licensed teachers are trained in culturally responsive pedagogy that enables students to master content, develop skills to access content, and build relationships.
(c) A district that offers early childhood programs, including voluntary prekindergarten for eligible four-year-old children, early childhood special education, and school readiness programs, must provide classroom teachers in early childhood programs training approved by the Department of Education to provide children in early childhood programs with explicit, systematic instruction in phonological and phonemic awareness; oral language, including listening comprehension; vocabulary; and letter-sound correspondence.

Subd. 4a.Local literacy plan.
(a) Consistent with this section, a school district must adopt a local literacy plan to have every child reading at or above grade level every year beginning in kindergarten and to support multilingual learners and students receiving special education services in achieving their individualized reading goals. A district must update and submit the plan to the commissioner by June 15 each year. The plan must be consistent with the Read Act, and include the following:
(1) a process to assess students' foundational reading skills, oral language, and level of reading proficiency and the approved screeners used, by school site and grade level, under section120B.123;
(2) a process to notify and involve parents;
(3) a description of how schools in the district will determine the targeted reading instruction that is evidence-based and includes an intervention strategy for a student and the process for intensifying or modifying the reading strategy in order to obtain measurable reading progress;
(4) evidence-based intervention methods for students who are not reading at or above grade level and progress monitoring to provide information on the effectiveness of the intervention;
(5) identification of staff development needs, including a plan to meet those needs;
(6) the curricula used by school site and grade level and, if applicable, the district plan and timeline for adopting evidence-based curricula and materials starting in the 2025-2026 school year;
(7) a statement of whether the district has adopted a MTSS framework;
(8) student data using the measures of foundational literacy skills and mastery identified by the Department of Education for the following students:
(i) students in kindergarten through grade 3;
(ii) students who demonstrate characteristics of dyslexia; and
(iii) students in grades 4 to 12 who are identified as not reading at grade level;
(9) the number of teachers and other staff who have completed training approved by the department;
(10) the number of teachers and other staff proposed for training in structured literacy;
(11) how the district used funding provided under the Read Act to implement the requirements of the Read Act;
(12) beginning as soon as practicable after the end of fiscal year 2026, how the district used literacy aid funding received under section124D.98; and
(13) beginning on December 31, 2025, for a district with a dual language immersion program:
(i) the program's partner language;
(ii) grade levels included in the program;
(iii) the language used to screen students' foundational reading skills;
(iv) the percentage of grade 3 students taking the Minnesota Comprehensive Assessments; and
(v) the number of students in the program in grades 4 to 12 who are identified as not reading at grade level.
(b) Annually by June 15, the district must post its literacy plan on the official school district website and submit it to the commissioner of education using the template developed by the commissioner of education.
(c) Districts must use a streamlined template developed by the commissioner of education for local literacy plans that meets the requirements of this subdivision and requires all reading instruction and teacher training in reading instruction to be evidence-based. The template must require a district to report information using the student categories required in the commissioner's report under paragraph (d). The template must focus district resources on improving students' foundational reading skills while reducing paperwork requirements for teachers.
(d) By December 1, 2025, the commissioner of education must submit a report to the legislative committees with jurisdiction over prekindergarten through grade 12 education summarizing the local literacy plans submitted to the commissioner. The summary must include the following information:
(1) the number of teachers and other staff, by grade level, who have completed training approved by the Department of Education;
(2) the number of teachers and other staff, by grade level, required to complete the training under section120B.123, subdivision 5, who have not completed the training;
(3) the number of teachers exempt under section120B.123, subdivision 5, from completing training approved by the Department of Education;
(4) the statewide total number of teachers or other staff required to complete the training under section120B.123, subdivision 5, that have received other training or education that meets the requirements of the training approved by the Department of Education;
(5) by school site and grade, the approved screeners and the reading curriculum used;
(6) by school site and grade, using the measurements of foundational literacy skills and mastery identified by the department, both aggregated data and disaggregated data on student performance on the approved screeners using the student categories under section120B.35, subdivision 3, paragraph (a), clause (2); and
(7) information about dual language immersion programs.
(e) By December 1, 2026, and December 1, 2027, the commissioner of education must submit updated reports containing the information required under paragraph (d) and updates and recommendations from the dual language immersion advisory committee established under subdivision 6, to the legislative committees with jurisdiction over prekindergarten through grade 12 education.

Subd. 5.Approved screeners.
The commissioner must recommend to districts multiple screening tools to assist districts and teachers with identifying students under subdivision 2 and to assess students' reading proficiency. The commissioner must identify screeners that may be used for both purposes. A district must administer an approved screener according to section120B.123, subdivision 1.

Subd. 6.Dual language immersion advisory committee.
(a) By January 1, 2026, the Department of Education must establish a dual language immersion advisory committee to advise the department on the unique needs of dual language immersion programs implementation of the Read Act requirements.
(b) Meetings of the advisory committee are subject to the Open Meeting Law under chapter 13D.
(c) Demographics of the advisory committee must be inclusive and represent the diversity of dual language immersion programs.
(d) The advisory committee membership must include but is not limited to:
(1) members whose native language is the partner language of a dual language immersion program;
(2) families of students enrolled in dual language immersion programs;
(3) members with expertise in special education; and
(4) teachers, administrators, and other instructional staff with knowledge and experience in dual language immersion programs.
(e) In consultation with the advisory committee, the department must:
(1) develop and issue guidance to dual language immersion programs on screeners;
(2) identify materials available in programs' partner languages to provide instruction in foundational reading skills and methods for evaluating alignment to the requirements under the Read Act;
(3) identify professional development opportunities in programs' partner languages on providing instruction in foundational reading skills aligned to the requirements under the Read Act; and
(4) make recommendations on how districts can support the transfer of literacy skills between the partner language to English.
(f) The department must post the guidance, list of materials and professional development opportunities, and recommendations on its website.

Legislative History

1Sp2001 c 13 s 12;2007 c 146 art 2 s 6;1Sp2011 c 11 art 2 s 3;2012 c 239 art 1 s 33; art 2 s 2;2014 c 272 art 1 s 6;1Sp2015 c 3 art 2 s 4;2016 c 189 art 25 s 13;1Sp2017 c 5 art 2 s 5-7;2018 c 182 art 1 s 13;1Sp2019 c 11 art 2 s 2;1Sp2020 c 8 art 2 s 1;2023 c 55 art 3 s 3;2024 c 109 art 4 s 5-10;1Sp2025 c 10 art 4 s 5-11