87R6936 CXP-D
 
  By: Dutton H.B. No. 3870
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the program requiring dyslexia screening and testing in
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.003, Education Code, is amended by
  amending Subsections (a), (b), (c), and (c-1) and adding Subsection
  (c-2) to read as follows:
         (a)  Students enrolling in public schools in this state shall
  be screened or tested, as appropriate, for dyslexia and related
  disorders at appropriate times in accordance with a program
  approved by the agency [State Board of Education]. The program must
  include screening at the end of the school year of each student in
  kindergarten and each student in the first grade.
         (b)  In accordance with the program approved by the agency
  [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.
         (c)  Subject to Subsection (c-1), the agency [State Board of
  Education] shall adopt any rules and standards necessary to
  administer this section.
         (c-1)  The agency by rule shall develop procedures designed
  to allow the agency to:
               (1)  effectively audit and monitor and periodically
  conduct site visits of all school districts to ensure that
  districts are complying with this section, including the program
  approved by the agency [State Board of Education] under this
  section;
               (2)  identify any problems school districts experience
  in complying with this section, including the program approved by
  the agency [State Board of Education] under this section; and
               (3)  develop reasonable and appropriate remedial
  strategies to address school district noncompliance and ensure the
  purposes of this section are accomplished.
         (c-2)  The agency by rule shall develop a procedure for the
  parent or legal guardian of a student determined to have dyslexia or
  a related disorder or accommodated because of dyslexia to file a
  complaint to ensure compliance with federal and state laws and
  agency rules or standards regarding the screening or testing of the
  student under Subsection (a) or the student's treatment under
  Subsection (b).
         SECTION 2.  Section 7.102(c)(28), Education Code, is
  repealed.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the State Board of Education shall transfer its powers,
  duties, and functions regarding approving a program for testing
  students for dyslexia and related disorders to the Texas Education
  Agency.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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, 2021.