|
House Bill 3928 |
House Author: Toth et al. |
|
Effective: 6-10-23 |
Senate Sponsor: Parker et al. |
House Bill 3928, the Beckley Wilson Act, amends the Education Code to set out certain provisions relating to dyslexia evaluations and services for public school students, the provision of services for students with dyslexia and related disorders, and certain parental notice regarding the rights of parents of public school students with disabilities. The bill, among other provisions, does the following:
· provides for the eligibility of students with dyslexia for participation in a public school district's special education program;
· establishes that dyslexia is an example of and meets the definition of a specific learning disability under the federal Individuals with Disabilities Education Act (IDEA);
· requires a district, if the district suspects or has a reason to suspect that a student may have dyslexia and may be a child with a disability under IDEA, to comply with all applicable federal and state requirements and to do the following:
o provide to the student's parent or a person standing in parental relation to the student a form developed by the Texas Education Agency explaining the rights available under federal law; and
o if the student is evaluated for dyslexia or a related disorder, evaluate the student in any other areas in which the district suspects the student may have a disability;
· requires the team convened to determine a student's eligibility for special education and related services to include at least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction and sets out qualification and documentation requirements for that member with respect to the evaluation of a student and any resulting individualized education program developed for the student;
· requires a provider of dyslexia instruction to be fully trained in the district's adopted instructional materials for students with dyslexia;
· expressly does not require such a provider of dyslexia instruction to hold a certificate or permit in special education unless the provider is employed in a special education position;
· requires a district to provide, at least once each grading period, to the parent of or person standing in parental relation to a student receiving dyslexia instruction with information regarding the student's progress as a result of receiving that instruction;
· revises provisions relating to the State Board of Education (SBOE) program for testing students for dyslexia and related disorders and prohibits that program from including a distinction between standard protocol dyslexia instruction, as applicably defined, and other types of direct dyslexia instruction;
· requires each district board of trustees to adopt and implement a policy requiring the district to comply with all SBOE rules and standards to implement the SBOE testing program and to solicit input from parents of students enrolled in the district regarding such implementation; and
· requires the provision of information to the student's parent or a person standing in parental relation to the student regarding the process to request a full individual and initial evaluation of the student for purposes of special education services under the following circumstances:
o on the placement of a student in a disciplinary alternative education program; and
o after the student's release from such a program, as part of the personalized plan for the student's transition to a regular classroom.