By: Toth, et al. (Senate Sponsor - Parker) H.B. No. 3928
         (In the Senate - Received from the House May 4, 2023;
  May 9, 2023, read first time and referred to Committee on
  Education; May 15, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 12, Nays 1;
  May 15, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3928 By:  Flores
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Beckley Wilson Act.
         SECTION 2.  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 as provided by Section
  38.003. The program may not include a distinction between standard
  protocol dyslexia instruction, as defined by the Dyslexia Handbook:
  Procedures Concerning Dyslexia and Related Disorders, as updated in
  2021 and adopted by the State Board of Education, and its subsequent
  amendments, and other types of direct dyslexia instruction,
  including specially designed instruction.
         SECTION 3.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Sections 29.0031 and 29.0032 to read as follows:
         Sec. 29.0031.  DYSLEXIA AND RELATED DISORDERS. (a)  
  Dyslexia is an example of and meets the definition of a specific
  learning disability under the Individuals with Disabilities
  Education Act (20 U.S.C. Section 1401(30)).  If a district suspects
  or has a reason to suspect that a student may have dyslexia,
  including after evaluation or use of a reading diagnosis under
  Section 28.006 or 38.003, and that the student may be a child with a
  disability under the Individuals with Disabilities Education Act
  (20 U.S.C. Section 1401(3)), the district must:
               (1)  provide to the student's parent or a person
  standing in parental relation to the student a form developed by the
  agency explaining the rights available under the Individuals with
  Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that
  may be additional to the rights available under Section 504,
  Rehabilitation Act of 1973 (29 U.S.C. Section 794);
               (2)  comply with all federal and state requirements,
  including the Dyslexia Handbook: Procedures Concerning Dyslexia
  and Related Disorders, as adopted by the State Board of Education,
  and its subsequent amendments, regarding any evaluation of the
  student; and
               (3)  if the student is evaluated for dyslexia or a
  related disorder, also evaluate the student in any other areas in
  which the district suspects the student may have a disability.
         (b)  The multidisciplinary evaluation team and any
  subsequent team convened to determine a student's eligibility for
  special education and related services must include at least one
  member with specific knowledge regarding the reading process,
  dyslexia and related disorders, and dyslexia instruction.  The
  member must:
               (1)  hold a licensed dyslexia therapist license under
  Chapter 403, Occupations Code;
               (2)  hold the most advanced dyslexia-related
  certification issued by an association recognized by the State
  Board of Education, and identified in, or substantially similar to
  an association identified in, the program and rules adopted under
  Sections 7.102 and 38.003; or
               (3)  if a person qualified under Subdivision (1) or (2)
  is not available, meet the applicable training requirements adopted
  by the State Board of Education pursuant to Sections 7.102 and
  38.003.
         (c)  A member of a multidisciplinary evaluation team and any
  subsequent team convened to determine a student's eligibility for
  special education and related services as described by Subsection
  (b) must sign a document describing the member's participation in
  the evaluation of a student described by that subsection and any
  resulting individualized education program developed for the
  student.
         (d)  At least once each grading period, and more often if
  provided for in a student's individualized education program, a
  school district shall provide 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 the
  student receiving that instruction.
         Sec. 29.0032.  PROVIDERS OF DYSLEXIA INSTRUCTION. (a) A
  provider of dyslexia instruction to students with dyslexia and
  related disorders:
               (1)  must be fully trained in the district's adopted
  instructional materials for students with dyslexia; and
               (2)  is not required to hold a certificate or permit in
  special education issued under Subchapter B, Chapter 21, unless the
  provider is employed in a special education position that requires
  the certification.
         (b)  The completion of a literacy achievement academy under
  Section 21.4552 by an educator who participates in the evaluation
  or instruction of students with dyslexia and related disorders does
  not satisfy the requirements of Subsection (a)(1).
         SECTION 4.  Section 37.006, Education Code, is amended by
  adding Subsection (p) to read as follows:
         (p)  On the placement of a student in a disciplinary
  alternative education program under this section, the school
  district shall provide information to the student's parent or
  person standing in parental relation to the student regarding the
  process for requesting a full individual and initial evaluation of
  the student under Section 29.004.
         SECTION 5.  Section 37.023(d), Education Code, is amended to
  read as follows:
         (d)  The assistance required by Subsection (c) must include a
  personalized transition plan for the student developed by the
  campus administrator.  A personalized transition plan:
               (1)  must include:
                     (A)  recommendations for the best educational
  placement of the student; and
                     (B)  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 Section 29.004; and
               (2)  may include:
                     (A)  recommendations for counseling, behavioral
  management, or academic assistance for the student with a
  concentration on the student's academic or career goals;
                     (B)  recommendations for assistance for obtaining
  access to mental health services provided by the district or
  school, a local mental health authority, or another private or
  public entity; and
                     (C)  [the provision of information to the
  student's parent or a person standing in parental relation to the
  student about the process to request a full individual and initial
  evaluation of the student for purposes of special education
  services under Section 29.004; and
                     [(D)]  a regular review of the student's progress
  toward the student's academic or career goals.
         SECTION 6.  Sections 38.003(b) and (c-1), Education Code,
  are amended to read as follows:
         (b)  In accordance with the program approved by the State
  Board of Education, the board of trustees of each school district
  shall:
               (1)  provide for the treatment of any student
  determined to have dyslexia or a related disorder; and
               (2)  adopt and implement a policy requiring the
  district to comply with all rules and standards adopted by the State
  Board of Education to implement the program, including: 
                     (A)  the Dyslexia Handbook: Procedures Concerning
  Dyslexia and Related Disorders, as adopted by the State Board of
  Education, and its subsequent amendments; and
                     (B)  guidance published by the commissioner to
  assist the district in implementing the program.
         (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 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 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; and
               (4)  solicit input from parents of students enrolled in
  a school district during the auditing and monitoring of the
  district under Subdivision (1) regarding the district's
  implementation of the program approved by the State Board of
  Education under this section.
         SECTION 7.  Not later than June 30, 2024, the State Board of
  Education shall revise the Dyslexia Handbook: Procedures
  Concerning Dyslexia and Related Disorders, as adopted by the State
  Board of Education, to conform with Section 7.102, Education Code,
  as amended by this Act.
         SECTION 8.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 9.  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, 2023.
 
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