By: Parker S.B. No. 2140
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a student's eligibility for special education services
  provided by a school district, including services for dyslexia and
  related disorders.
         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. Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0031 to read as follows:
         Sec. 29.0031.  DYSLEXIA AND RELATED DISORDERS. (a) A school
  district may not delay an evaluation of a child suspected of having
  a disability because of the implementation of an intervention
  process where the school district:
               (1)  suspects that a K-12 student has dyslexia or a
  related disorder;
               (2)  identifies a student as at risk for reading
  difficulties, including dyslexia and related disorders, with
  quantitative and qualitative data showing that the student
  exhibits characteristics of dyslexia or other specific learning
  disabilities; or
               (3)  removes a student from their assigned campus who
  Exhibits academic difficulties in reading, spelling, written
  expression, or complex conditions and behaviors that could result
  from undiagnosed learning disabilities.
         (a-1) A school district shall seek parental consent for a
  Full Individual Initial Evaluation (FIIE) that:
               (1)  assesses for dyslexia and related disorders using
  the best practices for identifying dyslexia aligned with knowledge
  and practice standards of an international organization on dyslexia
  and other recognized professional organizations, including the
  process outlined in the Texas Dyslexia Handbook (Figure: 19 TAC §
  74.28(c));
               (2)  assesses for associated academic difficulties and
  other conditions that commonly affect students with dyslexia;
               (3)  includes at least one member on the
  multidisciplinary evaluation team with specific knowledge
  regarding the reading process, dyslexia and related disorders, and
  dyslexia instruction; and
               (4)  continues to provide grade level, evidence-based
  core reading instruction (Tier 1) and providing appropriate tiered
  interventions.
         (a-2)  When a student is evaluated by an LSSP or
  diagnostician for dyslexia or a related disorder under this
  section and is indicated not to have dyslexia or a related disorder,
  an individual defined in subsection (d) must be included in the
  interpretation of the evaluation data and co-sign the evaluation.
         (b)  The identification of dyslexia based on a preponderance
  of data in the evaluation process in subsection (a):
               (1)  satisfies the criteria for a student to meet the
  first prong of eligibility under IDEA. The state of Texas
  acknowledges that dyslexia is a condition included within the
  Specific Learning Disability category, thus dyslexia itself is a
  Specific Learning Disability and can be listed in the IEP as
  dyslexia, without the need to insert the broader term 'Specific
  Learning Disability; and
               (2)  does not require a variance among specific areas
  of cognitive function or between specific areas of cognitive
  function and academic achievement. 
         (c)  If as a result of dyslexia, a student needs any
  additional instruction not provided to students without dyslexia,
  or additional instruction to access and progress in the general
  curriculum, then the ARD committee must: 
               (1)  consider the student is eligible for an
  Individualized Education Plan (IEP) as a student with a disability;
  and
               (2)  document the instruction in the Individualized
  Education Plan (IEP) that aligns with the Texas Dyslexia Handbook
  (Figure: 19 TAC §74.28(c)) ensuring it is delivered with fidelity
  to program descriptors, grouping formats, and training and skill of
  the most qualified teacher while meeting the individual needs of
  the student; or
               (3)  if a parent or guardian declines the IEP, the
  school district must submit a statement to TEA documenting that the
  parent fully understands the rights they are waving under the IDEA
  before recommending accommodations via a 504 without delay.
         (d)  Districts shall employ persons who may be a therapist,
  practitioner, specialist, or interventionist for students with
  dyslexia and related disorders. The person hired under this
  subsection is not required to hold a certificate or permit issued
  under Subchapter B in special education or a teaching certificate
  but must: 
               (1)  when dyslexia is suspected, be prioritized as a
  member of the multidisciplinary evaluation team under subsection
  (a) with specific knowledge regarding the reading process,
  dyslexia and related disorders, and dyslexia instruction; 
               (2)  be fully trained in the district's adopted
  dyslexia instructional material; and 
               (3)  hold an appropriate license, including a license
  issued under Chapter 403, Occupations Code; or 
               (4)  hold a certification issued by an appropriate
  association or have received training from an appropriate training
  provider, including an academic language practitioner or therapist
  certified by the Academic Language Therapy Association. 
         (d-1)  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 does not
  satisfy the requirements of this subsection. 
         (e)  The board of trustees of each school district shall
  adopt a policy consistent with the grievance procedure adopted
  under Section 26.011, which does not interfere with parents due
  process rights under IDEA, to allow a parent to contest the school
  district's implementation of this section and the Texas Dyslexia
  Handbook (Figure: 19 TAC §74.28(c)).
         (f)  The commissioner shall adopt rules as necessary to
  implement this section. The rules must:
               (1)  include a process for school districts to submit a
  statement to the TEA each time a parent declines an Individualized
  Education Plan that attests that the parent fully understands the
  rights they are waiving under the IDEA; and
               (2)  include annual training requirements and signed
  affidavits to ensure Hearing Officers and School Board Trustees are
  aware and understand changes in legislation, commissioner rules,
  and any updated guidelines from the State Board of Education.
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the commissioner of education shall adopt rules
  necessary to implement this Act using a negotiated rulemaking
  process under Chapter 2008, Government Code.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, each school district shall notify the parent or person
  standing in parental relation to a student who has been identified
  as having dyslexia or a related disorder and who received dyslexia
  intervention and instructional support in accordance with Section
  504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), during the
  2022-2023 school year of the parent's or person's rights and
  benefits to request a full individual evaluation under Section
  29.004, Education Code. The commissioner of education shall develop
  and make available a model notice that a school district shall use
  to provide the notice required by this subsection.
         SECTION 6.  Not later than September 1, 2023, the Texas
  Education Agency shall provide additional training materials to
  school districts on the evaluation and identification of students
  with dyslexia or a related disorder in accordance with this Act.
         SECTION 7.  This Act takes effect September 1, 2023.