Legislation

WyoRightToRead - Language and Literacy Instruction, Assessment and Intervention

21-3-401. Language and literacy instruction, assessment, and intervention.

As used in this article:

(i) Administrator: Any school-based or centrally- or regionally-based employee of an LEP who is responsible for designing, implementing and/or providing professional development on the literacy instructional program for kindergarten or any of grades one through twelve in any school or LEA in the state, and who is not the principal. This would include an assistant or vice principal of all schools. It also includes any employee of the LEA conducting observations of and/or providing coaching to a teacher providing literacy instruction in kindergarten or grades one through twelve.

(ii)“Delivered with Fidelity” means instruction is provided by an instructor who has completed all training and certification requirements for the specific evidence-based program or methodology, and participates in ongoing professional development to maintain competence;  

(a) Program Adherence: Instruction is conducted in strict accordance with the sequence, pacing, lesson structure, instructional routines, and assessment protocols established by the program 

(b) Prescribed Intensity and Duration: Instruction is scheduled and delivered for the frequency, session length, and cumulative hours supported by peer-reviewed research as necessary for the effective remediation of reading difficulties

(c) Monitoring and Documentation are subject to regular observation, data collection, and progress monitoring to ensure continued adherence to the program’s prescribed practices, with immediate corrective action taken when deviations are found

(c) Individualization without alteration of core methodology: adjustments are made only to accommodate the student’s unique needs as determined by the Individualized Reading Plan (IRP) or Individualized Education Plan (IEP) team, without altering the fundamental scope, sequence, or structure of the program.

(iii) Diagnostic Instrument means a specialized assessment tool used to evaluate specific areas of language and literacy difficulties in students flagged as at risk of language and literacy failure through universal screening as below benchmark, and provides data informing targeted interventions and individualized plans.

(iv) District Language and Literacy Framework (DLLF) means the district's comprehensive framework of scientifically and evidence-based, standards-aligned instructional curricula, materials, resources, and instruction in language and literacy. It includes Tier 1 evidence-aligned universal core instruction, Tier 2 targeted supplemental supports, and Tier 3 highly individualized and targeted support and intensive interventions designed to meet the diverse needs of all students. These materials are the foundation of the Wyoming MTSS tiered prevention and intervention model. 

(v) "Dyslexia" means a specific learning disability that is neurobiological in origin, characterized by difficulty with accurate or fluent word recognition and by inaccurate spelling and decoding abilities, that often results in a deficit in the phonological component of language that may be unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences of "dyslexia" may include problems in reading comprehension, reduced reading comprehension, and reduced reading experience that can impede the growth of vocabulary and background knowledge, and may lead to social, emotional, and behavioral difficulties.

(vi) “Evidence-Based Instruction” means systematic, explicit, and cumulative instructional practices in reading that is grounded in high-quality research that meets the requirements of peer-reviewed or scientific, research-based standards under the Individuals with Disabilities Education Act, 20 U.S.C. § 1401(29), and its implementing regulations at 34 C.F.R. §§ 300.320(a)(4), 300.307–300.309; Incorporate the essential components of reading as defined in 20 U.S.C. § 6368(3):

(A) Phonemic awareness; 

(B) Phonics; 

(C) Fluency; 

(D) Vocabulary; and 

(E) Reading Comprehension.  

(vii) Evidence-Based instruction is supported by rigorous empirical research demonstrating effectiveness for students with specific learning disabilities in reading, including dyslexia; is delivered by instructors who have received training and certification in the methodology being implemented, and who provide instruction with fidelity to the program design; and may include the specification of a particular methodology or program within an IRP or IEP when necessary for the student to receive a Free Appropriate Public Education (FAPE).

(viii) Evidence based practices must not include curriculum resources that promote three-cueing system which minimizes the instructional methods or curriculum resources that minimize the importance of primarily using letter-sound information to decode or recognize unknown words, including, but not limited to, any of the following, unless such instructional methods and curriculum resources are being used to confirm the meaning of unknown words after decoding has been attempted:

(A) Prompting pupils to guess unknown words using pictures and illustrations.

(B) Skipping over an unknown word or words to use the meaning of the passage to recognize the unknown word or words.

(C) Identifying only the first sound of an unknown word and then being prompted to guess the word using the word's initial sound and the meaning of the text surrounding the word.

(D) Memorizing a word in its written form.

(E) Using predictable text and leveled text to provide initial word recognition instruction and practice in

reading newly learned letter-sound correspondences.

(ix)  Individualized Reading Plan (IRP) means a customized plan developed for students with identified language and literacy difficulties. It outlines specific goals, evidence-based interventions, and progress monitoring strategies to address individual student needs.

(x) Instructional Coaching means and includes: Leadership coaching supports administrators in developing effective leadership skills and strategies. Team-based coaching facilitates collaborative coaching sessions for subject teams or grade-level teams. Peer coaching encourages teachers to provide coaching support to their colleagues within the same school or district. Transformational coaching guides educators through transformative changes in pedagogy and practices.

(xi) Parent means parent, guardian, or other person having control of a student.

(xii) Principal: Any person who is employed as the chief executive officer of any school in the state that serves kindergarten or any of grades one through twelve.

(xiii) Progress Monitoring means an ongoing, frequent collection and use of formal data to (1) assess students’ performance, (2) quantify a student's rate of improvement or responsiveness to instruction or intervention, and (3) evaluate the effectiveness of instruction and intervention using five to seven data points with valid and reliable measures. Educators use measures that are appropriate for the student’s grade and/or skill level.

(xiv) Reading difficulty is determined when a student does not meet the minimum skill levels for language and literacy competency in the areas of phonemic awareness, phonics, morphology, vocabulary development, reading fluency (including oral skills), and reading comprehension as established by screening, diagnostic, and state assessment results.

(xv) Reading Intervention means using evidence-based stratagies to remediate language and literacy difficulties. It can include, but is not limited to, individual instruction, multimodal approaches, tutoring, delivered by highly qualified personnel that target specific language and literacy skills and abilities.

(xvi) Structured Literacy  (v) “Structured Literacy” means systematic, explicit, cumulative, diagnostic, and responsive reading instruction, based on the essential components of reading as defined in 20 U.S.C. § 6368(3) and

20 U.S.C. § 7801(14), provided by an instructor trained and certified in the program’s methodology, and implemented according to the program’s prescribed sequence, pacing, and instructional protocols. 

(xvii) System of Assessments means a comprehensive assessment system that provides screening, diagnostic, formative, and summative assessments in a school district and is aligned to assess key indicators of future language and literacy success, including critical prerequisite skills in phonology, sound-symbol association, syllable instruction, morphology, syntax, and semantics. 

(xviii) Three-cueing system is any model of teaching students to read based on meaning, structure, syntax, and visual cues, which may also be known as “MSV.” 

(xix) Universal Screener means an assessment tool administered to all students at least three times a year (beginning, middle, and end) to identify and predict students who may be at risk of reading difficulties, including dyslexia, that lead to diagnostic assessment, interventions, and evaluations. It should be brief, valid, reliable, and conducted with all students at a particular grade level to assess phonological and phonemic awareness, phonics, fluency, vocabulary and comprehension as developmentally appropriate. 

(b) Each district shall create and implement a District Language and Literacy Framework by selecting and implementing evidence-based, High Quality Instructional Material (HQIM) and High Quality Instructional Program (HQIP) standards-aligned curricular programming that provides explicit, systematic, sequential, and cumulative instruction on literacy competency in the areas of:

(i) oral language development,

(ii) phonemic awareness,

(iii) phonics, including decoding and encoding

(iv) vocabulary development,

(v)  morphology

(vi) reading fluency, including oral skills,

(vii) reading and language comprehension

(vii) writing 

(ix) The System will include Tier 1 core instruction, to provide universal support for all students; Tier 2 supplemental supports, to provide targeted assistance for students requiring additional help to meet grade-level expectations; and Tier 3 intensive interventions, to deliver individualized support for students with significant and persistent learning needs and shall be implemented to ensure comprehensive and effective literacy instruction and intervention for all students. 

(x)  The District Language and Literacy Framework shall include an approved valid and reliable universal screener identified by the state superintendent under subsection (g) of this section that screens for signs of language and literacy difficulties, including but not limited to dyslexia, administered not less than three (3) times per year to all students in kindergarten through grade six (6), and at the beginning of the year for all students in grade seven (7) through twelve (12) to identify students at-risk for language and literacy difficulties. 

(xi) The District Language and Literacy Framework shall include an approved, valid, and reliable diagnostic instrument that must be administered to students identified through screening as possibly having language/literacy difficulties to pinpoint a student’s specific area(s) of weakness and provide in-depth information about students’ skills and instructional needs to inform intervention. An individual reading plan (IRP) will be developed for students with language and literacy difficulties to identify and track appropriate evidence-based interventions and progress. 

(xii) The District Language and Literacy Framework shall include valid and reliable progress monitoring instruments that monitor and measure language and literacy progress and assess whether progress following instruction is adequate or whether more intensive or different intervention is required 

(c) The State Superintendent of Public Instruction shall compile, maintain, and    annually update a list of programs and instructional methodologies that meet the federal statutory definition of “evidence-based reading instruction” for all students, including students identified with dyslexia and/or language and literacy difficulties, and also include the following standards:  

(i) Instructional tasks are modeled when appropriate.                                     (ii) Explicit systematic, cumulative instruction is provided.

(iii) Meaningful interactions with language occur during the lesson.

(iv) Multiple opportunities are provided to practice instructional tasks.

(v) Corrective feedback is provided after initial student responses.

(vi) Student effort is encouraged.

(vii) Lesson engagement during teacher-led instruction is monitored.

(viii) Lesson engagement during independent work is monitored.

(ix) Students complete activities at a high criterion level of performance

(x) The list shall be made publicly available on the Department website and distributed to all school districts within the state.

(xi) Each district shall select and implement programs from the approved list to ensure instruction is delivered with fidelity, as defined in this Act.

(d)  Each District shall notify parents of student performance and develop an IRP for students identified in need through diagnostic assessment.

(i) Within fifteen (15) school days after the universal screening and diagnostic assessment is conducted under the program established in subsection (b) of this section, each school district shall provide a copy of the results, including an explanation of the results, to the parents of a student showing signs of language and literacy difficulties including but not limited to dyslexia,  or not showing appropriate language or literacy competence under this section. 

(ii) Students not showing appropriate language and literacy competence under this section shall be placed on an individual reading plan (IRP), developed with the parents to target the language and literacy-related difficulty(ies) utilizing an appropriate evidence-based intervention within thirty (30) days. The IRP will be part of the student's academic record until the student achieves language and literacy competency and must include: 

(1) the specific language and literacy difficulties requiring remediation;  

(2) goals and benchmarks for attaining language and literacy competency;  

(3) instructional services and interventions that the student will receive; 

(4) a scientifically and evidence-based language and literacy instruction program;  

(5) a plan for monitoring and evaluating the student’s progress;  

(6) and any additional services the educational team, including the parents, deem appropriate to accelerate the student’s language and literacy skills development.

(iii) The district shall provide a copy of a student's individualized reading plan to the student's parent(s), 

(iv) For students under an individualized education program (IEP) that addresses reading difficulties with specially designed instruction using evidence-based programs and practices, the IEP shall be deemed sufficient to meet the requirements of this subsection, and no additional IRP shall be required. Districts shall notify parents that the IEP is intended to meet the student’s literacy needs and align with literacy goals and evidence-based interventions from the approved list from the Superintendent as defined in 21-3-401(a)(a).

(e) Each district shall annually report to the Department of Education on the progress of its students toward achieving the goal of eighty-five percent (85%) of all students' language and literacy at grade level. Grade-level language and literacy proficiency shall be determined by the universal screener. These reports will be available publicly on the Wyoming Department of Education's website. This report shall include a detailed account of 

(i) Tiered Curricular Programs: 

1)Tier 1 evidence-based core curricular programs from the state superintendent’s approved list.

2) Tier 2 evidence-based supplemental curricular programs from the state superintendent’s approved list.

3)Tier 3 evidence-based intervention curricular programs from the state superintendent’s approved list.

(ii) Assessment Instruments:

A list of approved screening and diagnostic instruments utilized.

(iii) Proficiency Data:

Percentage of students meeting or exceeding proficiency levels during the annual spring screening period.

(iv) Identification of Language and Literacy Difficulties:

An aggregated number of students identified by screening and diagnostic instruments as exhibiting signs of reading difficulties.

The number of students by grade level for whom an IRP was developed and implemented.

(v) Progress Monitoring:

Progress data for kindergarten through grade twelve (12) toward achieving the goal of 85% proficiency in skills predictive of grade three (3) language and literacy proficiency, as outlined in subsection (b).

Progress data for kindergarten through grade twelve (12) for the bottom fifteen percent to ensure they are making adequate growth.

(vi) Grade Three Language and Literacy Proficiency:

Data on grade three (3) language and literacy proficiency as determined by the universal screener and the statewide assessment administered pursuant to W.S. 21-2-304(a)(v).

(vii) Personnel

Professional Development programs utilized from the state-approved list shall be reported on for all levels of staff

Data will be reported on the number of personnel 

certified in the programs being utilized from the state-approved list.

Seeking certification in the programs being utilized from the state-approved lists.

(f) School districts shall require each district employee responsible for curriculum selection, oversight of district special education, administrators/principals with supervision of district employees providing literacy instruction grades K-12 (e.g. principals), literacy coaches, and district employees providing literacy instruction K-6 (e.g paraprofessionals), intervention K-12, or special education of students grades K-12 to have received or receive professional development in the science of reading and evidence-based literacy instruction and intervention as identified in rule pursuant to section (l).       

(i) The rules shall contain an approved list by the state superintendent of professional development grounded in evidence and that addresses the literacy competency areas listed in section (b), 

(ii) in identifying the signs of language and literacy difficulties using materials 

from the state-approved list that is reviewed by the Department of Education 

to ensure all teachers have the knowledge and skills to support a range of 

students with diverse needs, students with language and literacy difficulties, 

multilingual students, students with characteristics of dyslexia, and other 

language and literacy difficulties.  

(iii) Any teacher, reading specialist, or reading interventionist who delivers 

direct instruction to students identified as having language and literacy 

difficulties, including those receiving Tier 2 or Tier 3 interventions and 

students with dyslexia shall complete all training and certification 

requirements for the specific evidence-based program or methodology being 

delivered, and demonstrate proficiency in the delivery of such a program or 

methodology as established by the program’s certifying body.

(iv) Any literacy coach who oversees any teacher, reading specialist or reading interventionist who deliver direct instruction to students identified as having language and literacy difficulties, including those receiving Tier 2 or Tier 3 interventions and students with dyslexia shall complete all training and certification requirements for the specific evidence-based program or methodology being delivered, and demonstrate proficiency in the delivery of such a program or methodology as established by the program’s certifying body with competency by scoring a minimum of 90% on any program assessment.

(g) The Wyoming Department of Education shall maintain and publish a list of approved evidence-based interventions for language and literacy difficulties and dyslexia. Training and certification requirements shall correspond to the intervention selected from this list.

(h) School districts shall ensure that only properly trained and certified personnel provide direct instruction using these approved interventions, and shall be responsible for monitoring compliance with this requirement.

(i) Each school district shall provide job-embedded coaching support provided by educators certified in evidence-based language and literacy practices for K-12 language and literacy teachers/interventionists, special education teachers, and paraprofessionals, that shall include the following: 

(i) On-site teacher training in evidence-based language and literacy instruction and data-based decision-making to support the effectiveness of classroom literacy  instruction; 

(ii) Demonstration lessons; 

(iii) Model-teaching; and 

(iv) Feedback for improving instruction. 

(j) Beginning July 1, 2026, all initial elementary and K-12 special education teacher licensure shall require a one-time passing score on the PTSB-approved literacy interventionist language and literacy knowledge and skills assessment. Beginning July 1, 2028, all licensure renewals for elementary and K-12 special education teachers shall also require passage of this assessment. Wyoming school districts will cover the cost of district employees’ assessment fees for renewals. Each licensed teacher shall be required to pass the assessment once.

(k) School district funds shall be directed toward professional development, job-embedded coaching, evidence-based literacy interventions, and the adoption of high-quality instructional materials and practices. 

(i) For districts whose third-grade state assessment performance average over the most recent three years is below 85% proficient and advanced and did not show adequate growth for students in the bottom 15%, the district will use 50% of its model-generated professional development funds annually for literacy professional development and job-embedded literacy coaching.

(ii) For districts whose third-grade state assessment performance average over the most recent three years is below 60% proficient and advanced, the school district must provide summer language and literacy camps to all students in grades 1 through 3 on IRPs. 

(iii) Summer language and literacy camps must use evidence-based curricula/materials/resources and be staffed with certified structured literacy. Summer language and literacy Camps shall use an evidence-based intervention program from the state-approved list to provide explicit, systematic, sequential, and cumulative language and literacy intervention services and supports to correct the identified area(s) of language and literacy deficiency. Summer language and literacy Camps must include, at a minimum, 70 hours of instructional time in reading. 

(l) To assist in implementing the provisions of this article, the state superintendent shall:

(i) in consultation with Wyoming school districts and appropriate professionals, promulgate rules as necessary or useful to administer this article. 

The rules shall contain criteria to identify instruments that screen for signs of language and literacy difficulties, including but not limited to dyslexia, required under subsection (b) of this section. Based on the criteria incorporated by rule, the state superintendent shall identify instruments approved for use by school districts. 

The rules shall provide mechanisms for the state superintendent to directly support schools and school districts in meeting the goals of the districts’ literacy component of improvement plans developed pursuant to W.S. 21-2-204 (h)(v-vi).  The principal purpose of the Literacy Support and Research staff created under subsection (m) of this section shall be to enable the state superintendent to carry out this function.

Starting in 2026, when the Spring WYTOPP results become available, the department shall publish on the department website district grade three performance on the English Language Arts assessment. 

Beginning in 2026, the department will publish on its website by district the information collected through required reporting in section (e).

(m) There is created within the Wyoming Department of Education a Literacy Support and Research staff. The primary purpose of this staff is to assist in the implementation of this section to conduct studies and assist school districts in improving the performance of students in learning how to read and write adequately. 

(n) In managing the state department of education, the State Superintendent:

(i) shall have the authority to manage the Literacy Support and Research staff and set its work priorities and tasks to the extent these are not set by this section;

(ii) shall have the authority, exempt from the requirements of the state personnel system, to define the job description, position on the state salary scale, and hire and fire or transfer the manager of the operations research staff and the other comparable managers in the department who report directly to the state superintendent;

(iii) for the Senior Literacy Support and Research staff, professionals have the authority to, exempt from the requirements of the state personnel system, set the job descriptions, determine the position of the state salary scale, and hire and fire the individual employees; and

(iv) may, to the extent funds are appropriated, have the Literacy staff contract out all or a portion of the tasks assigned to it and manage those contracts.

(o) Accountability and Transparency.

(i) To ensure public accountability, each school district shall report and   publish the following information on the Wyoming Department of Education’s  website annually:

  (a) The evidence-based program or methodology being utilized from   the Superintendent’s approved list;

  (b) Details of professional development provided to teachers  in    structured literacy;

  (iii) The number of certified structured literacy instructors employed by the   district; and

  (iv) The number of instructors actively engaged in pursuing certification in   structured literacy programs.

  (v) Reports shall be published at the end of the first semester and at the end   of the academic year, and shall remain accessible for review by parents,    educators, and stakeholders.

(p)  Enforcement.

(i) Compliance with this Act shall be subject to oversight by the Wyoming   Department of Education.

(ii) The Department shall adopt rules to establish monitoring, enforcement,     and corrective action procedures for districts failing to comply with the   requirements  of this Act.