HLS 23RS-439 ORIGINAL 2023 Regular Session HOUSE BILL NO. 69 BY REPRESENTATIVE MARINO Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. STUDENTS: Provides for the screening and diagnosis of students with respect to dyslexia 1 AN ACT 2To amend and reenact R.S. 17:7.2(A)(8)(a)(iii), 392.1(D), and 2112(Section heading), to 3 enact Part VI-B of Chapter 1 of Title 17 of the Louisiana Revised Statutes of 1950, 4 to be comprised of R.S. 17:392.11 through 392.13, and to repeal R.S. 17:7(11), 5 392.1(B)(2)(a) and (3) and (F), 392.2, and 2112(A)(2) and (B), relative to the 6 screening and diagnosis of students; to provide for screening and diagnosis with 7 respect to dyslexia; to require the State Board of Elementary and Secondary 8 Education to adopt related rules; and to provide for related matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 17:7.2(A)(8)(a)(iii), 392.1(D), and 2112(Section heading) are hereby 11amended and reenacted and Part VI-B of Chapter 1 of Title 17 of the Louisiana Revised 12Statutes of 1950, comprised of R.S. 17:392.11 through 392.13, is hereby enacted to read as 13follows: 14 §7.2. Approved teacher education programs 15 A. In carrying out its responsibility to prescribe the qualifications and 16 provide for the certification of teachers under authority of R.S. 17:7(6), the State 17 Board of Elementary and Secondary Education, subject to the constitutional power 18 and authority of the Board of Regents, the Board of Supervisors for the University 19 of Louisiana System, the Board of Supervisors of Louisiana State University and 20 Agricultural and Mechanical College, and the Board of Supervisors of Southern Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-439 ORIGINAL HB NO. 69 1 University and Agricultural and Mechanical College, shall establish qualifications 2 and requirements for the approval of teacher education programs from which 3 graduates may be certified. The qualifications and requirements established by the 4 State Board of Elementary and Secondary Education for an approved teacher 5 education program shall include but not be limited to the following: 6 * * * 7 (8)(a) That the program include no less than three credit hours on teaching 8 students with dyslexia within the existing credit hour requirements. The coursework 9 shall include but need not be limited to the following: 10 * * * 11 (iii) An introduction to the process of becoming a dyslexia practitioner or 12 dyslexia therapist, pursuant to R.S. 17:392.2. R.S. 17:392.12. 13 * * * 14 §392.1. Screening and intervention; purpose; applicability; city and parish school 15 system; duties 16 * * * 17 D. Children in need of services and/or or assistance shall have it provided 18 to them. Services for disorders shall be provided in accordance with R.S. 17:7(11). 19 Children who are referred for further evaluation shall be provided further evaluation 20 in accordance with Chapter 8 of this Title. Children who are in need of assistance 21 shall have it provided to them in accordance with this Part. 22 * * * 23 PART VI-B. DYSLEXIA 24 §392.11. Dyslexia; screening, diagnosis, and reporting 25 A. As used in this Part: 26 (1) "Dyslexia" means an unexpected difficulty in reading for an individual 27 who has the intelligence to be a much better reader, most commonly caused by a 28 difficulty in phonological processing, which affects the ability of an individual to 29 speak, read, and spell. Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-439 ORIGINAL HB NO. 69 1 (2) "Phonological processing" means the appreciation of the individual 2 sounds of spoken and written language. 3 B.(1) A dyslexia screener shall be administered to each student by a 4 classroom teacher in the second half of kindergarten or upon request of a teacher or 5 a parent or legal guardian. This screener shall not be a progress monitoring tool but 6 shall: 7 (a) Be developed solely for dyslexia. 8 (b) Be evidence-based with proven, published psychometric validity. 9 (c) Be used for the sole purpose of determining whether a student is at-risk 10 for dyslexia. 11 (2) If the results of such screening indicate that a student is at risk for 12 dyslexia, then the school, in order to determine whether he has dyslexia, shall 13 determine through history, observation, and psychometric assessment if there are 14 unexpected difficulties in reading and associated linguistic problems at the level of 15 phonological processing that are unrelated to the student's intelligence, age, and 16 grade level. 17 (3) The core assessment for the diagnosis of dyslexia shall not be based on 18 a single test score or specific number of characteristics and shall include all of the 19 following: 20 (a) Tests of language, particularly phonemic assessment, real words and 21 pseudowords, oral reading fluency, and intellectual ability. 22 (b) An academic performance review. 23 (c) An interview with the student's parent or legal guardian. 24 C.(1) Each public school governing authority shall submit a report to the 25 state Department of Education by December fifteenth annually relative to the 26 occurrence of dyslexia. The report shall include numbers of students of all grade 27 levels identified as dyslexic, either pursuant to the provisions of this Section or by 28 any other means, and shall include, per grade, all of the following: 29 (a) For students identified as dyslexic through a Section 504 Plan: Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-439 ORIGINAL HB NO. 69 1 (i) The number initially identified during the preceding school year. 2 (ii) The total number. 3 (b) For students with an Individualized Education Plan identified as having 4 a specific learning disability, dyslexia: 5 (i) The number initially identified during the preceding school year. 6 (ii) The total number. 7 (2) The state Department of Education shall compile the reports received 8 pursuant to Paragraph (1) of this Subsection and report such data to the House 9 Committee on Education and the Senate Committee on Education no later than 10 March first annually. 11 (3) Notwithstanding Paragraph (1) of this Subsection, if the number of 12 students in a grade level identified as dyslexic is not zero and not more than ten, the 13 report shall not indicate an exact number but shall indicate that there are fewer than 14 eleven students in the grade identified as dyslexic. 15 §392.12. Dyslexia practitioner; dyslexia therapist; ancillary certificates 16 A. The State Board of Elementary and Secondary Education shall develop 17 the criteria whereby a teacher may be issued a dyslexia practitioner ancillary 18 certificate or a dyslexia therapist ancillary certificate. 19 B. In addition to any other criteria established by the board, in order to be 20 issued an ancillary certificate pursuant to this Section, a teacher shall: 21 (1) Hold a valid Louisiana teaching certificate. 22 (2) Demonstrate completion of a multisensory structured language training 23 program accredited by a nationally recognized accrediting organization, which shall 24 include: 25 (a) For the dyslexia practitioner ancillary certificate, forty-five hours of 26 coursework and sixty hours of clinical work that is observed and monitored by a 27 qualified professional. Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-439 ORIGINAL HB NO. 69 1 (b) For the dyslexia therapist ancillary certificate, two hundred hours of 2 coursework and seven hundred hours of clinical work that is observed and monitored 3 by a qualified professional. 4 (3) Pass a multisensory structured language education-related competency 5 examination that is administered by a nationally recognized professional 6 organization that issues national certifications. 7 §392.13. Administrative rules 8 The State Board of Elementary and Secondary Education shall promulgate 9 rules to implement the provisions of this Part in accordance with the Administrative 10 Procedure Act. 11 * * * 12 §2112. Testing pupils' sight and hearing; testing for dyslexia; notice to parent or 13 tutor; report to state superintendent 14 * * * 15 Section 2. R.S. 17:7(11), 392.1(B)(2)(a) and (3) and (F), 392.2, and 2112(A)(2) and 16(B) are hereby repealed in their entirety. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 69 Original 2023 Regular Session Marino Abstract: Revises laws relative to screening for and diagnosis of dyslexia. Dyslexia generally Present law, relative to dyslexia, provides the following: (1)Requires the State Bd. of Elementary and Secondary Education (BESE) to adopt a program for testing students for dyslexia and related disorders and requires school boards to provide remediation for dyslexic students in accordance with the program. (2)Requires every child in grades K-3 to be screened at least once for dyslexia. (3)Requires a student to be referred for dyslexia testing upon request of a parent, student, school nurse, classroom teacher, or other school personnel. (4)Provides for implementation of a pilot program relative to dyslexia screening. Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-439 ORIGINAL HB NO. 69 Proposed law repeals present law and provides the following relative to dyslexia: Definitions Present law defines "dyslexia" as an unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in phonological processing, which affects the ability of an individual to speak, read, and spell. Defines "phonological processing" as meaning the appreciation of the individual sounds of spoken and written language. Proposed law retains present law. Screening Proposed law requires a dyslexia screener to be administered to each student by a classroom teacher in the second half of kindergarten or at any time it is requested by a teacher or a parent or guardian. Prohibits the screener from being a progress monitoring tool and requires that it be developed solely for dyslexia; be evidence-based with proven, published psychometric validity; and be used for the purpose of determining whether a student is at- risk for dyslexia. Diagnosis Proposed law, relative to diagnosis, provides the following: (1)Provides that if screening results indicate that a student is at risk for dyslexia, the school, in order to determine whether he has dyslexia, shall determine through history, observation, and psychometric assessment if there are unexpected difficulties in reading and associated linguistic problems at the level of phonological processing that are unrelated to the student's intelligence, age, and grade level. (2)Provides that the core assessment for the diagnosis of dyslexia shall not be based on a single test score or specific number of characteristics and shall include the following: (a)Tests of language, particularly phonemic assessment, real words and pseudowords, oral reading fluency, and intellectual ability. (b)An academic performance review. (c)A parental interview. Reporting and ancillary certification Present law provides for reporting relative to students with dyslexia and provides for the issuance of an ancillary certificate to a teacher for service as a dyslexia practitioner or dyslexia therapist. Proposed law retains present law but recodifies it for purposes of statutory organization. Rules Proposed law requires BESE to promulgate rules to implement proposed law in accordance with the Administrative Procedure Act. (Amends R.S. 17:7.2(A)(8)(a)(iii), 392.1(D), and 2112(Section heading); Adds R.S. 17:392.11-392.13; Repeals R.S. 17:7(11), 392.1(B)(2)(a) and (3) and (F), 392.2, and 2112(A)(2) and (B)) Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions.