HIGH QUALITY LITERACY INSTRUCTION ACT, the official text

SENATE BILL 37

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Mimi Stewart and Joy Garratt and Catherine J. Cullen

FOR THE LEGISLATIVE EDUCATION STUDY COMMITTEE

AN ACT

RELATING TO PUBLIC SCHOOLS; ENACTING THE HIGH-QUALITY LITERACY
INSTRUCTION ACT; PROVIDING STANDARDS FOR LITERACY INSTRUCTIONAL
MATERIALS; REQUIRING PUBLIC SCHOOLS TO PROVIDE LITERACY
ASSESSMENTS TO STUDENTS IN KINDERGARTEN THROUGH THIRD GRADE AND
INTERVENTIONS FOR STUDENTS IDENTIFIED AS HAVING A READING
DIFFICULTY; REQUIRING THE PUBLIC EDUCATION DEPARTMENT TO ASSIGN
LITERACY INSTRUCTIONAL COACHES TO CERTAIN PUBLIC SCHOOLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 21-1-53 NMSA 1978 (being Laws 2025,
Chapter 149, Section 1) is amended to read:

"21-1-53. TEACHER PREPARATION PROGRAMS--TEACHING STUDENTS
HOW TO TEACH READING.--

A. As used in this section:

(1) "high-quality instructional materials"
means instructional materials that are:

(a) a comprehensive full course of
study that is research-based, culturally and linguistically
relevant and designed to support equitable learning for all
students;

(b) aligned with the public education
department's academic content and performance standards and
benchmarks; and

(c) included on the public education
department's multiple list of instructional materials or
otherwise approved by the department;

(2) "science of reading" means an
interdisciplinary body of scientifically based research about
reading [and issues related to reading and writing;

(3) "scientifically based reading instruction"
means instruction grounded in empirical research, including
explicit and systematic instruction in phonemic awareness,
phonics, fluency, vocabulary and comprehension and the science
of reading; and] instruction that addresses the acquisition of
language, phonological and phonemic awareness, phonics and
spelling, fluency, vocabulary, oral language and comprehension;
and

[(4)] (3) "structured literacy" means an
evidence-based approach to teaching oral and written language
that is aligned with the science of reading [that is] and based
on the science of how children learn to read, [and] is
characterized by explicit, systematic, sequential, cumulative
and diagnostic instruction in phonology, sound-symbol
association, syllable instruction, morphology, syntax and
semantics and can be differentiated to meet the needs of
individual students.

B. Structured literacy is the primary approach to
teaching foundational literacy skills for all learners, and
public school students shall be taught to read using the
science of reading and structured literacy. Literacy
instruction for English language learners shall:

(1) include evidence-based practices for [bi-literacy] biliteracy, such as bilingual and dual language
instructional models that develop literacy in English and
students' home languages; and

(2) incorporate differentiation and culturally
and linguistically responsive instruction. [Public school
students shall be taught to read using science of reading
structured literacy and scientifically based reading
instruction.]

C. Each teacher preparation program shall offer
courses and student teaching sufficient for level one licensure
that:

(1) includes science of reading and structured
literacy [and scientifically based reading instruction];

(2) for elementary teacher candidates,
provides a minimum of one hundred hours of supervised field
experience in public school classrooms implementing the science
of reading and structured literacy, [and scientifically based
reading instruction] including:

(a) planning and teaching reading
lessons focused on phonemic awareness, phonics, fluency,
vocabulary and comprehension; and

(b) observing and applying
scientifically based [reading instruction] techniques for
reading instruction under the supervision of a teacher trained
in the science of reading; and

(3) includes training and teaching teacher
candidates to identify when students are not reading at grade
level.

D. In collaboration with public post-secondary
teacher preparation programs, the public education department
shall develop specific teacher preparation standards related to
the five components of the science of reading, including the
knowledge and skills teachers need to support struggling
readers and those with dyslexia as well as the knowledge and
skills teachers need to support English language learners with
biliteracy and oral language development and to provide
literacy instruction in bilingual or dual language programs and
similar settings.

E. As part of its review process, the public
education department shall monitor all teacher preparation
programs, and programs that fail to adhere to the science of
reading shall be required to submit corrective action plans and
may face the loss of state approval.

F. As part of the state approval review process for
teacher preparation programs, each program shall provide
evidence of its alignment with New Mexico's statutory and
regulatory requirements for structured and systematic science
of reading instruction.

G. Initial approval and ongoing review shall
include:

(1) evaluation of coursework and field
experiences to ensure that teacher candidates are prepared to
implement evidence-based reading instruction practices aligned
with the science of reading;

(2) an assessment of faculty qualifications
and professional development related to scientifically based
[reading instruction] methodologies for reading instruction;

(3) documentation of how the program
integrates state-adopted literacy standards, including explicit
instruction in phonemic awareness, phonics, vocabulary
development, fluency and comprehension;

(4) the collection of data demonstrating the
effectiveness of graduates in applying science of reading
practices during their first three years of teaching, as
available through performance-based assessments or other state-approved measures; and

(5) evidence of partnerships with kindergarten
through twelfth grade public schools to ensure high-quality
student teaching and supervised field experiences that
emphasize science of reading instructional practices and the
use of high-quality instructional materials during student
teaching and other supervised field experiences.

H. The public education department shall provide
guidelines for evaluating compliance with science of reading
instruction requirements during the review process. These
guidelines shall include minimum performance thresholds for
coursework, assessments and candidate outcomes.

I. Programs failing to meet the established science
of reading instruction standards may be placed on a corrective
action plan with specific requirements and time lines for
achieving compliance. Noncompliance may result in probationary
status or the loss of state approval.

J. As part of an annual accountability report,
teacher preparation programs shall include:

(1) a summary of program changes made to
enhance science of reading instruction aligned to the
standards;

(2) data on teacher candidate performance in
science of reading instruction-related coursework and clinical
experiences; and

(3) graduate impact data on student literacy
outcomes, where available."

SECTION 2. A new section of the Public School Code,
Section 22-15G-1 NMSA 1978, is enacted to read:

"22-15G-1. [NEW MATERIAL] SHORT TITLE.--Chapter 22,
Article 15G NMSA 1978 may be cited as the "High-Quality
Literacy Instruction Act"."

SECTION 3. A new section of the Public School Code,
Section 22-15G-2 NMSA 1978, is enacted to read:

"22-15G-2. [NEW MATERIAL] DEFINITIONS.--As used in the
High-Quality Literacy Instruction Act:

A. "certified academic language therapist" means a
person recognized by the department as having the requisite
skills and credentials to provide diagnostic and prescriptive
interventions to students with language-based learning
disabilities;

B. "high-quality instructional materials" means
instructional materials that are:

(1) a comprehensive full course of study that
is research-based, culturally and linguistically relevant and
designed to support equitable learning for all students;

(2) aligned with the department's academic
content and performance standards and benchmarks; and

(3) included on the department's multiple list
of instructional materials or otherwise approved by the
department;

C. "read-at-home plan" means a set of resources for
parents to support a student's reading at home that is aligned
with the science of reading;

D. "science of reading" means an interdisciplinary
body of scientifically based research about reading instruction
that addresses the acquisition of language, phonological and
phonemic awareness, phonics and spelling, fluency, vocabulary,
oral language and comprehension;

E. "structured literacy" means an evidence-based
approach to teaching oral and written language that is aligned
with the science of reading and based on the science of how
children learn to read, is characterized by explicit,
systematic, sequential, cumulative and diagnostic instruction
in phonology, sound-symbol association, syllable instruction,
morphology, syntax and semantics and can be differentiated to
meet the needs of individual students; and

F. "three-cueing model" means reading instruction
that teaches word recognition by primarily drawing meaning from
context, pictures or syntax."

SECTION 4. A new section of the Public School Code,
Section 22-15G-3 NMSA 1978, is enacted to read:

"22-15G-3. [NEW MATERIAL] INSTRUCTIONAL MATERIALS--LITERACY AND READING INSTRUCTION.--Instructional materials used
in public schools for literacy or reading instruction for
kindergarten through third grade and materials used for
intervention, supplemental instruction, initiatives, services
or programs for literacy or reading proficiency for
kindergarten through twelfth grade shall be high-quality
instructional materials that are consistent with the science of
reading and structured literacy and shall not include use of
the three-cueing model; provided that instructional materials
for English language learners in bilingual or dual language
programs or similar settings shall support literacy development
in English and home languages, if otherwise appropriate."

SECTION 5. A new section of the Public School Code,
Section 22-15G-4 NMSA 1978, is enacted to read:

"22-15G-4. [NEW MATERIAL] LITERACY ASSESSMENTS.--

A. The department shall adopt grade-specific
literacy assessments for kindergarten through third grade that:

(1) have screening, diagnostic and monitoring
capabilities;

(2) measure, at minimum, phonological
awareness, the alphabetic principle, decoding, encoding,
accuracy, vocabulary and comprehension;

(3) identify students who have a reading
difficulty, including characteristics of dyslexia;

(4) can be administered with minimal impact on
instructional time; and

(5) provide for timely reporting of assessment
results that can be integrated with instructional support for
teachers and students.

B. Beginning in the 2027-2028 school year, public
schools shall administer the literacy assessments to all
students in kindergarten through third grade. The literacy
assessment for students in first grade may be administered in
lieu of the dyslexia screening required by Section 22-13-32
NMSA 1978.

C. If a public school identifies a student as
having a reading difficulty based on the results of a literacy
assessment, the public school shall provide written notice to
the student's parents within thirty days. The notice shall
include:

(1) an explanation that the student was
identified as having a reading difficulty and qualifies for
literacy interventions;

(2) an explanation that the public school will
develop a reading improvement plan for the student;

(3) a description of the interventions or
supplemental instructional services, supports or programs the
public school proposes for the student;

(4) an assurance that the parents will receive
monthly written reports on the student's progress;

(5) a description of the student's specific
skill deficits;

(6) a read-at-home plan customized to address
the student's specific skill deficits; and

(7) if applicable, any other information
required by state or federal law.

D. Immediately after providing parents with written
notice, the public school shall provide the student with
differentiated core instruction or with targeted or intensive
interventions through a multilayered system of support.

E. The department shall develop a template for the
written notice required by this section and grade-specific
templates for read-at-home plans. The read-at-home plan
templates shall be customizable but shall include, at minimum:

(1) information about the five essential
components of reading and, for a student who is an English
language learner, the importance of developing the student's
home language and English to support the student's biliteracy
and long-term literacy outcomes;

(2) guidance on how to read with the student
at home;

(3) suggested daily reading activities;

(4) specific strategies and games to build
literacy skills; and

(5) information about how to monitor
progress."

SECTION 6. A new section of the Public School Code,
Section 22-15G-5 NMSA 1978, is enacted to read:

"22-15G-5. [NEW MATERIAL] TRAINING FOR TEACHERS AND
ADMINISTRATORS--LITERACY INSTRUCTIONAL COACHES.--

A. School districts and charter schools shall train
teachers who teach reading and site administrators on how to
administer the provisions of the High-Quality Literacy
Instruction Act. The training shall also cover how to provide
differentiated core instruction and other interventions for
students with a reading difficulty and how to use evidence-based practices for English language learners, biliteracy,
differentiation, culturally and linguistically responsive
instruction and instructional leadership for bilingual and dual
language programs.

B. Beginning in the 2027-2028 school year, the
department shall assign a literacy instructional coach to
public elementary schools that have an average reading
proficiency in the bottom quartile for reading proficiency in
the state.

C. A literacy instructional coach assigned to a
public elementary school shall work with that school for three
consecutive school years, regardless of the school's
improvements in reading proficiency, and shall have the primary
duty of supporting teachers with literacy instruction. Subject
to the availability of funding, a literacy instructional coach
may be placed full-time at one elementary school or may split
time between multiple schools.

D. A literacy instructional coach shall be a
certified academic language therapist or have the following
qualifications:

(1) a valid level two or level three teaching
license;

(2) a bachelor's degree in education and
advanced coursework or professional development in the science
of reading, multisensory language instruction or other advanced
training approved by the department;

(3) a reading endorsement or certification or
eligibility for a reading endorsement or certification;

(4) additional qualifications required by
department rule; and

(5) for a department-designated school with a
significant English language learner enrollment, training and
experience in biliteracy or English language development."

SECTION 7. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.

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