Updates
Added by St. 2026, c. 113, § 3, effective September 24, 2026
(a)
As used in this section and section 1E¾, the following words shall have the following meanings unless the context clearly requires otherwise:
“District”, public education entities in the commonwealth including but not limited to public school districts, school departments of a city or town, charter schools, commonwealth virtual schools, regional school districts, independent vocational schools, vocational schools and agricultural schools operated by a county.
“Evidence-based literacy instruction”, literacy instruction that: (i) is based on methods backed by scientific research; and (ii) has a demonstrated record of success in increasing student competency in reading ability, vocabulary, oral language and comprehension through well-designed and well-implemented studies to produce measurable and positive effects on student learning outcomes.
“Five research-based areas in reading instruction”, phonemic awareness, phonics, fluency, vocabulary and comprehension; provided, however, that comprehension shall include oral reading, oral communication skills and reading comprehension.
“High-quality curriculum”, a curriculum reviewed and approved by the department.
(b)
A district shall select a high-quality curriculum to meet the curriculum frameworks under section 1E for kindergarten through grade 3 literacy that: (i) includes instruction in the five research-based areas in reading instruction and oral language development; and (ii) utilizes and is based upon evidence-based literacy instruction. No curricula selected to meet a curriculum framework pursuant to section 1E for kindergarten through grade 3 literacy shall include implicit or incidental instruction in word reading, visual memorization of whole words or guessing from context and picture cues, also known as MSV or three-cueing, as a substitute for identifying a word.
(c)
(1)
A district may apply for and the department may grant a waiver for the district to use a kindergarten through grade 3 literacy instruction curriculum that does not appear on the department’s list of high-quality curricula and that has not already been reviewed by the department; provided, however, that any such literacy instruction curriculum shall utilize and be based on evidence-based literacy instruction and meet quality standards determined by the department.
(2)
When applying for a waiver under this subsection, a district shall submit a report to the department detailing: (i) the degree to which the curriculum’s instructional approach is supported by some degree of scientific research; (ii) the demographic results of the curriculum; (iii) the duration of any such instruction using the curriculum; and (iv) any other considerations that the department deems relevant to the quality and fairness of the waiver application.
(3)
In determining whether to approve a district’s application for a waiver pursuant to this subsection, the department shall assess the quality of the waiver application, including information received pursuant to paragraph (2).
(4)
Curriculum used in a waiver application that is assessed and approved by the department shall be allowed to continue as an approved literacy curriculum used for instruction in the district unless the waiver is rescinded pursuant to paragraph (7).
(5)
A district that receives a waiver pursuant to this subsection shall publicly post to its website the report submitted to the department pursuant to paragraph (2) and curriculum samples.
(6)
The department may audit approved waivers at any time. The audit shall include but shall not be limited to: (i) an in-depth review of curriculum materials; (ii) instructional documentation; and (iii) instructional practices in the classroom.
(7)
The department may rescind waivers based on audit findings.
(d)
The department shall maintain and make available to school districts a free, complete high-quality curriculum for kindergarten through grade 3 that meets frameworks under section 1E; provided, however, that such free, complete high-quality curriculum or a free curriculum certified pursuant to subsection (b) of section 1E¾ shall meet any requirements under section 27C of chapter 29.
(e)
The department shall promulgate regulations to implement this section.
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| Last updated: | June 26, 2026 |
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