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A BILL TO BE ENTITLED
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AN ACT
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relating to dyslexia evaluations and services for public school |
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students, the provision of services for students with dyslexia and |
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related disorders, and certain parental notice regarding the rights |
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of parents of public school students with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Beckley Wilson Act. |
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SECTION 2. Section 7.102(c)(28), Education Code, is amended |
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to read as follows: |
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(28) The board shall approve a program for testing |
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students for dyslexia and related disorders as provided by Section |
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38.003. The program may not include a distinction between standard |
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protocol dyslexia instruction, as defined by the Dyslexia Handbook: |
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Procedures Concerning Dyslexia and Related Disorders, as updated in |
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2021 and adopted by the State Board of Education, and its subsequent |
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amendments, and other types of direct dyslexia instruction, |
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including specially designed instruction. |
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SECTION 3. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Sections 29.0031 and 29.0032 to read as follows: |
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Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) |
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Dyslexia is an example of and meets the definition of a specific |
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learning disability under the Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1401(30)). If a district suspects |
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or has a reason to suspect that a student may have dyslexia, |
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including after evaluation or use of a reading diagnosis under |
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Section 28.006 or 38.003, and that the student may be a child with a |
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disability under the Individuals with Disabilities Education Act |
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(20 U.S.C. Section 1401(3)), the district must: |
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(1) provide to the student's parent or a person |
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standing in parental relation to the student a form developed by the |
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agency explaining the rights available under the Individuals with |
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Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that |
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may be additional to the rights available under Section 504, |
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Rehabilitation Act of 1973 (29 U.S.C. Section 794); |
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(2) comply with all federal and state requirements, |
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including the Dyslexia Handbook: Procedures Concerning Dyslexia |
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and Related Disorders, as adopted by the State Board of Education, |
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and its subsequent amendments, regarding any evaluation of the |
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student; and |
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(3) if the student is evaluated for dyslexia or a |
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related disorder, also evaluate the student in any other areas in |
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which the district suspects the student may have a disability. |
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(b) The multidisciplinary evaluation team and any |
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subsequent team convened to determine a student's eligibility for |
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special education and related services must include at least one |
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member with specific knowledge regarding the reading process, |
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dyslexia and related disorders, and dyslexia instruction. The |
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member must: |
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(1) hold a licensed dyslexia therapist license under |
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Chapter 403, Occupations Code; |
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(2) hold the most advanced dyslexia-related |
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certification issued by an association recognized by the State |
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Board of Education, and identified in, or substantially similar to |
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an association identified in, the program and rules adopted under |
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Sections 7.102 and 38.003; or |
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(3) if a person qualified under Subdivision (1) or (2) |
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is not available, meet the applicable training requirements adopted |
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by the State Board of Education pursuant to Sections 7.102 and |
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38.003. |
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(c) A member of a multidisciplinary evaluation team and any |
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subsequent team convened to determine a student's eligibility for |
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special education and related services as described by Subsection |
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(b) must sign a document describing the member's participation in |
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the evaluation of a student described by that subsection and any |
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resulting individualized education program developed for the |
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student. |
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(d) At least once each grading period, and more often if |
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provided for in a student's individualized education program, a |
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school district shall provide the parent of or person standing in |
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parental relation to a student receiving dyslexia instruction with |
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information regarding the student's progress as a result of the |
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student receiving that instruction. |
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Sec. 29.0032. PROVIDERS OF DYSLEXIA INSTRUCTION. (a) A |
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provider of dyslexia instruction to students with dyslexia and |
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related disorders: |
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(1) must be fully trained in the district's adopted |
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instructional materials for students with dyslexia; and |
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(2) is not required to hold a certificate or permit in |
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special education issued under Subchapter B, Chapter 21, unless the |
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provider is employed in a special education position that requires |
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the certification. |
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(b) The completion of a literacy achievement academy under |
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Section 21.4552 by an educator who participates in the evaluation |
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or instruction of students with dyslexia and related disorders does |
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not satisfy the requirements of Subsection (a)(1). |
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SECTION 4. Section 37.006, Education Code, is amended by |
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adding Subsection (p) to read as follows: |
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(p) On the placement of a student in a disciplinary |
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alternative education program under this section, the school |
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district shall provide information to the student's parent or |
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person standing in parental relation to the student regarding the |
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process for requesting a full individual and initial evaluation of |
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the student under Section 29.004. |
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SECTION 5. Section 37.023(d), Education Code, is amended to |
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read as follows: |
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(d) The assistance required by Subsection (c) must include a |
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personalized transition plan for the student developed by the |
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campus administrator. A personalized transition plan: |
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(1) must include: |
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(A) recommendations for the best educational |
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placement of the student; and |
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(B) the provision of information to the student's |
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parent or a person standing in parental relation to the student |
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regarding the process to request a full individual and initial |
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evaluation of the student for purposes of special education |
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services under Section 29.004; and |
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(2) may include: |
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(A) recommendations for counseling, behavioral |
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management, or academic assistance for the student with a |
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concentration on the student's academic or career goals; |
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(B) recommendations for assistance for obtaining |
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access to mental health services provided by the district or |
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school, a local mental health authority, or another private or |
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public entity; and |
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(C) [the provision of information to the |
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student's parent or a person standing in parental relation to the |
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student about the process to request a full individual and initial |
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evaluation of the student for purposes of special education |
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services under Section 29.004; and |
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[(D)] a regular review of the student's progress |
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toward the student's academic or career goals. |
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SECTION 6. Sections 38.003(b) and (c-1), Education Code, |
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are amended to read as follows: |
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(b) In accordance with the program approved by the State |
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Board of Education, the board of trustees of each school district |
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shall: |
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(1) provide for the treatment of any student |
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determined to have dyslexia or a related disorder; and |
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(2) adopt and implement a policy requiring the |
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district to comply with all rules and standards adopted by the State |
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Board of Education to implement the program, including: |
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(A) the Dyslexia Handbook: Procedures Concerning |
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Dyslexia and Related Disorders, as adopted by the State Board of |
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Education, and its subsequent amendments; and |
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(B) guidance published by the commissioner to |
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assist the district in implementing the program. |
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(c-1) The agency by rule shall develop procedures designed |
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to allow the agency to: |
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(1) effectively audit and monitor and periodically |
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conduct site visits of all school districts to ensure that |
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districts are complying with this section, including the program |
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approved by the State Board of Education under this section; |
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(2) identify any problems school districts experience |
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in complying with this section, including the program approved by |
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the State Board of Education under this section; [and] |
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(3) develop reasonable and appropriate remedial |
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strategies to address school district noncompliance and ensure the |
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purposes of this section are accomplished; and |
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(4) solicit input from parents of students enrolled in |
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a school district during the auditing and monitoring of the |
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district under Subdivision (1) regarding the district's |
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implementation of the program approved by the State Board of |
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Education under this section. |
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SECTION 7. Not later than June 30, 2024, the State Board of |
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Education shall revise the Dyslexia Handbook: Procedures |
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Concerning Dyslexia and Related Disorders, as adopted by the State |
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Board of Education, to conform with Section 7.102, Education Code, |
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as amended by this Act. |
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SECTION 8. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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