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MDE Checks Reading Assessments and Curricula Off Its List!
Michigan’s K-12 literacy and dyslexia laws required MDE to provide schools with a list of (1) “approved valid and reliable screening and progress monitoring reading assessments,” and (2) “evidence-based tier 1, class-wide elementary reading curricula and materials” by January 1, 2026.
On December 18, 2025, MDE issued a memo confirming that both lists were posted to its K-12 Literacy and Dyslexia Laws website. The list of approved K-3 screening and progress monitoring reading assessments can be found here, and the list of approved evidence-based, tier 1, class-wide elementary reading curricula can be found here. Please note that upon clicking the link, it immediately begins downloading a Word document version of the respective list.
School officials must be cognizant of important deadlines and required actions now that MDE has published the lists. RSC Section 1280f(6) requires school districts, intermediate school districts, and public school academies to “select 1 valid and reliable screening and 1 progress-monitoring reading assessment from the assessments approved by the department” by August 1, 2027.
Beginning with the 2027-28 school year, per RSC Section 1280f(22), schools must ensure that their “reading instruction and curriculum materials are evidence-based, with a focus on pupils’ mastery of foundational reading skills of phonemic awareness, phonics, fluency, and the development of other reading skills, including, but not limited to, development of oral language, vocabulary, and reading comprehension.” While RSC Section 1280f does not explicitly require schools to adopt reading instruction and curriculum materials from MDE’s approved list, schools that decide against adoption may suffer a financial penalty under the State School Aid Act (SSAA) for failing to notify parents of their reading curriculum choice.
SSAA Section 164k(e) requires that, “beginning with the fiscal year ending September 30, 2026” (i.e., the 2025-2026 school year), a school that is not using a curriculum from MDE’s list must notify all parents or legal guardians of K-5 students “receiving instruction with that curriculum.” The notice must include:
- a statement that the curriculum used by the school is not evidence-based or not aligned to state standards, which could negatively impact student academic outcomes;
- a statement explaining why the school is not using a curriculum that is evidence-based or aligned to state standards; and
- a plan, including a projected timeline, for when a new curriculum will be adopted that is evidence-based and aligned to state standards.
If a parent or other individual reports to MDE a school’s failure to send this notice and MDE confirms noncompliance, MDE will withhold 5% of the SSAA Section 22b per pupil payment to local schools (foundation discretionary per pupil payment), or 5% of the SSAA Section 81 payment to ISDs (ISD general operations support), for as long as the local school or ISD is out of compliance.
For questions about SSAA Section 164k(e), please contact Cristina T. Patzelt (cpatzelt@thrunlaw.com or 517.374.8776) or Kelly S. Bowman (kbowman@thrunlaw.com or 517.374.8831).