88R13658 ANG-F

By: Toth, Meyer, Anderson, Burrows, et al. H.B. No. 3928

Substitute the following for H.B. No. 3928:

By: Buckley C.S.H.B. No. 3928

A BILL TO BE ENTITLED

AN ACT

relating to the screening of students for dyslexia and related disorders and a student's eligibility for special education services provided by a school district, including services for dyslexia and related disorders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Beckley Wilson Act.

SECTION 2. Chapter 26, Education Code, is amended by adding Section 26.0111 to read as follows:

Sec. 26.0111. POLICY ON COMPLAINTS REGARDING DYSLEXIA INTERVENTION. (a) The board of trustees of each school district shall adopt a grievance procedure under which the board shall address each complaint that the board receives concerning:

(1) a violation of a right related to the screening and intervention services for dyslexia or a related disorder under Sections 29.0031 and 29.0053; or

(2) the implementation by the school district of the Texas Dyslexia Handbook, as published by the agency, and its subsequent amendments.

(b) The policy adopted under Subsection (a) may not interfere with a parent's due process rights under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).

SECTION 3. Subchapter A, Chapter 29, Education Code, is amended by adding Sections 29.0031, 29.0032, and 29.0053 to read as follows:

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) In addition to the screening and testing for dyslexia and related disorders required under Section 38.003, a school district shall request consent from the parent of a student enrolled in kindergarten through grade 12 for a full individual and initial evaluation under Section 29.004 to evaluate the student for dyslexia or a related disorder if the district:

(1) suspects that the student has dyslexia or a related disorder;

(2) identifies the student as at risk for reading difficulties, including dyslexia and related disorders, using quantitative and qualitative data indicating that the student exhibits characteristics of a student with dyslexia or a related disorder or other specific learning disability; or

(3) removes the student from the student's assigned campus and the student is exhibiting academic difficulties in reading, spelling, or written expression or complex conditions or behaviors that may result from an undiagnosed learning disability.

(b) A full individual and initial evaluation under Subsection (a) must:

(1) assess a student for dyslexia and related disorders using:

(A) best practices for identifying dyslexia and related disorders that are aligned with the knowledge and practice standards of the International Dyslexia Association; and

(B) the process outlined in the Texas Dyslexia Handbook, as published by the agency, and its subsequent amendments; and

(2) consider associated academic difficulties and other conditions that regularly affect students with dyslexia and related disorders.

(c) During an evaluation of a student under this section, a school district shall ensure that the student:

(1) continues to receive grade-level appropriate, evidence-based core reading instruction; and

(2) is provided appropriate tiered interventions.

(d) A school district may not delay the evaluation of a student under this section based on the implementation of another intervention process for the student.

(e) On determining that a student is at risk for dyslexia or a related disorder, the student may be evaluated by a multidisciplinary team that includes at least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction. The member must:

(1) hold a licensed dyslexia therapist license under Chapter 403, Occupations Code;

(2) hold the most advanced dyslexia-related certification issued by an association accredited by the International Multisensory Structured Language Education Council, including an academic language practitioner or therapist with a master's degree and certified by the Academic Language Therapy Association; or

(3) if a person qualified under Subdivision (1) or (2) is not available, meet the applicable training requirements for the position adopted by commissioner rule.

(f) If a student is evaluated for dyslexia and related disorders by a licensed specialist in school psychology or a diagnostician for dyslexia or a related disorder, a determination that a student has dyslexia or a related disorder must be made in collaboration with a qualified person under Subsection (e)(1) or (2). The qualified person shall sign the evaluation to affirm the person's participation in the evaluation.

(g) If a student's parent declines to consent to a full individual and initial evaluation of the student under Subsection (a), the school district must submit a statement to the agency documenting that the district has explained to the parent:

(1) the rights the parent is waiving under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and

(2) that the accommodations and dyslexia interventions offered under a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794) are available under an individualized education program under Section 29.005.

(h) The commissioner shall adopt rules as necessary to implement this section. The rules must include:

(1) a process by which a school district submits a statement to the agency each time a student's parent declines to consent to a full individual and initial evaluation of the student under Subsection (g); and

(2) requirements for annual training and signed affidavits to ensure hearing officers and school district board of trustees are aware and understand changes to the law, commissioner rules, and any updated guidelines from the State Board of Education related to dyslexia or a related disorder.

Sec. 29.0032. DYSLEXIA SPECIALISTS. (a) A school district shall employ dyslexia therapists, practitioners, specialists, or interventionists to provide dyslexia intervention services to students with dyslexia and related disorders. A person employed under this subsection:

(1) must be fully trained in the district's adopted instructional materials for students with dyslexia; and

(2) is not required to hold a certificate or permit in special education issued under Subchapter B, Chapter 21.

(b) The completion of a literacy achievement academy under Section 21.4552 by an educator who participates in the evaluation or instruction of students with dyslexia and related disorders does not satisfy the requirements of Subsection (a)(1).

Sec. 29.0053. DYSLEXIA INTERVENTION. (a) If a student is determined, as a result of dyslexia or a related disorder, to need additional instruction that is not provided to students without dyslexia or a related disorder or additional instruction to meet the student's academic goals related to the required curriculum, the committee established under Section 29.005 shall:

(1) develop an individualized education program for the student under Section 29.005; and

(2) ensure that the individualized education program aligns with the processes established in the Texas Dyslexia Handbook, as published by the agency, and its subsequent amendments while meeting the individual needs of the student.

(b) If a student's parent declines to consent to the development of an individualized education program for the student under this section, the school district must submit a statement to the agency documenting that the district has explained to the parent:

(1) the rights the parent is waiving under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and

(2) that the accommodations and dyslexia interventions offered under a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794) are available under an individualized education program under Section 29.005.

(c) The commissioner shall adopt rules as necessary to implement this section. The rules must include a process by which a school district submits a statement to the agency each time a student's parent declines to consent to the development of an individualized education program for the student under Subsection (b).

SECTION 4. Section 21.4552(b-1), Education Code, is amended to read as follows:

(b-1) The completion of a literacy achievement academy under this section by an educator who teaches students with dyslexia satisfies:

(1) the training requirement under Section 21.054(b); and

(2) a training requirement adopted by the State Board of Education pursuant to Section 29.0031 or 38.003 related to the screening or treatment of a student for dyslexia or a related disorder.

SECTION 5. Section 28.006(g-2), Education Code, is amended to read as follows:

(g-2) In accordance with a notification program developed by the commissioner by rule, a school district shall notify the parent or guardian of each student determined, on the basis of a screening under Section 29.0031 or 38.003 or another [other] basis, to be at risk for or have dyslexia or a related disorder, or determined, on the basis of reading instrument results, to be at risk for dyslexia or other reading difficulties, of the program maintained by the Texas State Library and Archives Commission providing students with reading disabilities the ability to borrow audiobooks free of charge.

SECTION 6. Section 29.003(b), Education Code, is amended to read as follows:

(b) A student is eligible to participate in a school district's special education program if the student:

(1) is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in public school without the provision of special services; or

(2) is at least three but not more than 21 years of age and has one or more of the following disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services:

(A) physical disability;

(B) intellectual or developmental disability;

(C) emotional disturbance;

(D) learning disability;

(E) autism;

(F) speech disability; [or]

(G) traumatic brain injury; or

(H) dyslexia or a related disorder.

SECTION 7. As soon as practicable after the effective date of this Act:

(1) the commissioner of education shall adopt rules necessary to implement this Act using a negotiated rulemaking process under Chapter 2008, Government Code;

(2) each school district shall notify the parent or person standing in parental relation to a student who has been identified as having dyslexia or a related disorder and who received dyslexia and instructional support under Section 504, Rehabilitation Act of 1973 (29. U.S.C. Section 794), during the 2022-2023 school year of the parent's or person's right to request a full individual and initial evaluation under Section 29.004, Education Code; and

(3) the commissioner of education shall develop and make available a model notice that a school district may use to provide the notice required by Subdivision (2) of this section.

SECTION 8. Not later than September 1, 2023, the Texas Education Agency shall provide additional training materials to school districts regarding the evaluation and identification of students with dyslexia or a related disorder in accordance with this Act.

SECTION 9. This Act applies beginning with the 2023-2024 school year.

SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.