By: Eissler, Chisum, Button, Leibowitz, H.B. No. 461

Bohac

A BILL TO BE ENTITLED

AN ACT

relating to the detection and treatment of dyslexia, including the use of certain professional titles by dyslexia practitioners and therapists; providing a criminal penalty.

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

SECTION 1. Subtitle G, Title 3, Occupations Code, is amended by adding Chapter 403 to read as follows:

CHAPTER 403. DYSLEXIA PRACTITIONERS AND THERAPISTS

Sec. 403.001. SHORT TITLE. This chapter may be cited as the Dyslexia Practitioners and Therapists Title Recognition Act.

Sec. 403.002. STATE TITLE RECOGNITION STANDARDS. (a) To meet the state dyslexia practitioner title recognition standards, a person must have:

(1) earned at least a bachelor's degree from an accredited public or private institution of higher education;

(2) successfully completed at least 45 hours of course work in multisensory structured language education from a training program that meets the requirements of Section 403.0025;

(3) completed at least 60 hours of supervised clinical experience in multisensory structured language education;

(4) completed at least five demonstration lessons of the practice of multisensory structured language education, each observed by an instructor from a training program that meets the requirements of Section 403.0025 and followed by a conference with and a written report by the instructor; and

(5) successfully completed a national multisensory structured language education competency examination as required by a national certifying professional organization.

(b) To meet the state dyslexia therapist title recognition standards, a person must have:

(1) earned at least a bachelor's degree from an accredited public or private institution of higher education;

(2) successfully completed at least 200 hours of course work in multisensory structured language education from a training program that meets the requirements of Section 403.0025;

(3) completed at least 700 hours of supervised clinical experience in multisensory structured language education;

(4) completed at least 10 demonstration lessons of the practice of multisensory structured language education, each observed by an instructor from a training program that meets the requirements of Section 403.0025 and followed by a conference with and a written report by the instructor; and

(5) successfully completed a national multisensory structured language education competency examination as required by a national certifying professional organization.

(c) Clinical experience required under Subsections (a)(3) and (b)(3) must be obtained under the supervision of a qualified instructor or an instructor from an accredited training program that meets the requirements of Section 403.0025.

Sec. 403.0025. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For purposes of determining whether a person satisfies the training requirements under the state dyslexia practitioner or state dyslexia therapist title recognition standards, a multisensory structured language education training program completed by the applicant must:

(1) be accredited by a nationally recognized accrediting organization;

(2) have in writing defined goals and objectives, areas of authority, and policies and procedures;

(3) have the appropriate financial and management resources to operate the training program, including a knowledgeable administrator and standard accounting and reporting procedures;

(4) have a physical site, equipment, materials, supplies, and environment suitable for the training program;

(5) have a sufficient number of instructional personnel who have completed the requirements for certification in multisensory structured language education;

(6) have been reviewed by multisensory structured language education professionals who are not affiliated with the training program;

(7) have developed and followed procedures to maintain and improve the quality of training provided by the program;

(8) have provided direct instruction in the principles and in each element of multisensory structured language education for a minimum of:

(A) 45 contact hours of course work for training program participants who seek to meet the state dyslexia practitioner title recognition standards; and

(B) 200 contact hours of course work for training program participants who seek to meet the state dyslexia therapist title recognition standards;

(9) have required training program participants to complete a program of supervised clinical experience in which the participants provided multisensory structured language education to students or adults, either individually or in small groups, for a minimum of:

(A) 60 hours for training program participants who seek to meet the state dyslexia practitioner title recognition standards; and

(B) 700 hours for training program participants who seek to meet the state dyslexia therapist title recognition standards;

(10) have required training program participants to demonstrate the application of multisensory structured language education principles of instruction by completing demonstration lessons observed by an instructor and followed by a conference with and a written report by the instructor; and

(11) have provided instruction based on the Texas Education Agency publication "The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (2007)," or a revised version of that publication approved by the Texas Education Agency.

(b) A training program must require a training program participant who seeks to meet the state dyslexia practitioner title recognition standards to have completed at least five demonstration lessons described by Subsection (a)(10) and a participant who seeks to meet the state dyslexia therapist title recognition standards to have completed at least 10 demonstration lessons described by Subsection (a)(10).

Sec. 403.003. CERTIFICATION REQUIRED. (a) A person may not use the title of, or represent to the public that the person is, a "registered dyslexia practitioner" or "associate academic language teacher" or use the initials "RDP" or "AALT" unless the person is certified by the Academic Language Therapy Association as meeting the state dyslexia practitioner title recognition standards.

(b) A person may not use the title of, or represent to the public that the person is, a "registered dyslexia therapist" or "certified academic language therapist" or use the initials "RDT" or "CALT" unless the person is certified by the Academic Language Therapy Association as meeting the state dyslexia therapist title recognition standards.

Sec. 403.004. CRIMINAL PENALTY. (a) A person commits an offense if the person violates Section 403.003.

(b) An offense under this section is a misdemeanor punishable by a fine not to exceed $1,000.

Sec. 403.005. APPLICABILITY. This chapter does not:

(1) require a school district to employ a person who meets the state dyslexia practitioner or state dyslexia therapist title recognition standards;

(2) require a person who holds a license issued under Chapter 501 to meet the state dyslexia practitioner or state dyslexia therapist title recognition standards; or

(3) authorize a person who is not licensed under Chapter 401 to practice audiology or speech-language pathology.

SECTION 2. (a) An interim committee is created to study and recommend legislation to increase awareness of early detection and treatment of dyslexia and related disorders. The committee's study shall examine:

(1) early detection and intervention;

(2) access to treatment in rural areas of the state;

(3) the role of public education and higher education in detection and treatment;

(4) treatment for older students and adults; and

(5) any barriers related to accommodations for individuals with dyslexia and related disorders.

(b) The committee consists of the following nine members:

(1) three members appointed by the lieutenant governor as follows:

(A) two senators, one of whom represents a rural area; and

(B) one member who represents an institution of higher education that offers courses in dyslexia and related disorders;

(2) three members appointed by the speaker of the house of representatives as follows:

(A) two state representatives, one of whom represents a rural area; and

(B) one member who represents a nationally accredited training center; and

(3) three members appointed by the governor as follows:

(A) one member who is a certified academic language therapist;

(B) one member who is a public school dyslexia designee; and

(C) one member who is a parent of a student with dyslexia.

(c) The committee shall elect a presiding officer from among its members.

(d) The committee shall convene at the call of the presiding officer.

(e) Committee members may not receive compensation or reimbursement of expenses for serving on the committee.

(f) Not later than December 1, 2010, the committee shall report the committee's findings and recommendations to the lieutenant governor, the speaker of the house of representatives, and the governor.

(g) Not later than the 60th day after the effective date of this Act, the lieutenant governor, the speaker of the house of representatives, and the governor shall appoint the members of the interim committee created under this section.

SECTION 3. Section 2 of this Act expires September 1, 2011.

SECTION 4. This Act takes effect September 1, 2009.