82R3312 CAS-D
  By: Fletcher H.B. No. 402
  relating to public school students who have dyscalculia.
         SECTION 1.  Section 7.102(c)(28), Education Code, is amended
  to read as follows:
               (28)  The board shall approve a program for testing
  students for dyslexia and related disorders and for dyscalculia as
  provided by Section 38.003.
         SECTION 2.  Section 11.252(a), Education Code, is amended to
  read as follows:
         (a)  Each school district shall have a district improvement
  plan that is developed, evaluated, and revised annually, in
  accordance with district policy, by the superintendent with the
  assistance of the district-level committee established under
  Section 11.251. The purpose of the district improvement plan is to
  guide district and campus staff in the improvement of student
  performance for all student groups in order to attain state
  standards in respect to the student achievement indicators adopted
  under Section 39.053. The district improvement plan must include
  provisions for:
               (1)  a comprehensive needs assessment addressing
  district student performance on the student achievement
  indicators, and other appropriate measures of performance, that are
  disaggregated by all student groups served by the district,
  including categories of ethnicity, socioeconomic status, sex, and
  populations served by special programs, including students in
  special education programs under Subchapter A, Chapter 29;
               (2)  measurable district performance objectives for
  all appropriate student achievement indicators for all student
  populations, including students in special education programs
  under Subchapter A, Chapter 29, and other measures of student
  performance that may be identified through the comprehensive needs
               (3)  strategies for improvement of student performance
  that include:
                     (A)  instructional methods for addressing the
  needs of student groups not achieving their full potential;
                     (B)  methods for addressing the needs of students
  for special programs, such as suicide prevention, conflict
  resolution, violence prevention, or dyslexia or dyscalculia
  treatment programs;
                     (C)  dropout reduction;
                     (D)  integration of technology in instructional
  and administrative programs;
                     (E)  discipline management;
                     (F)  staff development for professional staff of
  the district;
                     (G)  career education to assist students in
  developing the knowledge, skills, and competencies necessary for a
  broad range of career opportunities; and
                     (H)  accelerated education;
               (4)  strategies for providing to middle school, junior
  high school, and high school students, those students' teachers and
  counselors, and those students' parents information about:
                     (A)  higher education admissions and financial
  aid opportunities;
                     (B)  the TEXAS grant program and the Teach for
  Texas grant program established under Chapter 56;
                     (C)  the need for students to make informed
  curriculum choices to be prepared for success beyond high school;
                     (D)  sources of information on higher education
  admissions and financial aid;
               (5)  resources needed to implement identified
               (6)  staff responsible for ensuring the accomplishment
  of each strategy;
               (7)  timelines for ongoing monitoring of the
  implementation of each improvement strategy; and
               (8)  formative evaluation criteria for determining
  periodically whether strategies are resulting in intended
  improvement of student performance.
         SECTION 3.  Section 12.012(c), Education Code, is amended to
  read as follows:
         (c)  This section does not permit a home-rule school district
  to discriminate against a student who has been diagnosed as having a
  learning disability, including dyslexia, dyscalculia, or attention
  deficit/hyperactivity disorder. Discrimination prohibited by this
  subsection includes denial of placement in a gifted and talented
  program if the student would otherwise be qualified for the program
  but for the student's learning disability. This section does not
  permit a home-rule school district to, on the basis of race,
  socioeconomic status, learning disability, or family support
  status, place a student in a program other than the highest-level
  program necessary to ensure the student's success.
         SECTION 4.  Section 21.0482(c), Education Code, is amended
  to read as follows:
         (c)  To be eligible for a master mathematics teacher
  certificate, a person must:
               (1)  hold a teaching certificate issued under this
               (2)  have at least three years of teaching experience;
               (3)  satisfactorily complete a knowledge-based course
  of instruction on the science of teaching children mathematics that
  includes training in:
                     (A)  mathematics instruction;
                     (B)  identification of dyscalculia and effective
  mathematics instruction techniques for students with dyscalculia;
                     (C)  professional peer mentoring techniques that,
  through scientific testing, have been proven effective;
               (4)  perform satisfactorily on the appropriate master
  mathematics teacher certification examination prescribed by the
  board; and
               (5)  satisfy any other requirements prescribed by the
         SECTION 5.  The heading to Section 38.003, Education Code,
  is amended to read as follows:
         SECTION 6.  Sections 38.003(a), (b), and (d), Education
  Code, are amended to read as follows:
         (a)  Students enrolling in public schools in this state shall
  be tested for dyslexia and related disorders and for dyscalculia at
  appropriate times in accordance with a program approved by the
  State Board of Education.
         (b)  In accordance with the program approved by the State
  Board of Education, the board of trustees of each school district
  shall provide for the treatment of any student determined to have
  dyslexia or a related disorder or dyscalculia.
         (d)  In this section:
               (1)  "Dyscalculia" means a specific learning
  disability or difficulty involving innate difficulty in learning or
  comprehending mathematics.
               (2)  "Dyslexia" means a disorder of constitutional
  origin manifested by a difficulty in learning to read, write, or
  spell, despite conventional instruction, adequate intelligence,
  and sociocultural opportunity.
               (3) [(2)]  "Related disorders" includes disorders
  similar to or related to dyslexia, such as developmental auditory
  imperception, dysphasia, specific developmental dyslexia,
  developmental dysgraphia, and developmental spelling disability.
         SECTION 7.  Section 42.152(c-1), Education Code, is amended
  to read as follows:
         (c-1)  Notwithstanding Subsection (c), funds allocated under
  this section may be used to fund in proportion to the percentage of
  students served by the program that meet the criteria in Section
  29.081(d) or (g):
               (1)  an accelerated reading instruction program under
  Section 28.006(g); or
               (2)  a program for treatment of students who have
  dyslexia or a related disorder or dyscalculia, as required by
  Section 38.003.
         SECTION 8.  Section 21.0482(c), Education Code, as amended
  by this Act, applies only to eligibility for a master mathematics
  teacher certificate issued on or after January 1, 2013.
         SECTION 9.  This Act applies beginning with the 2011-2012
  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, 2011.