Req. No. 10876 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 2768 By: Randleman COMMITTEE SUBSTITUTE An Act relating to education; creating the Dysgraphia and Education Task Force; providing termination date; stating purpose of task force; providing for membership; providing deadline for appointments; providing for filling of vacancies; providing deadline for organizational meeting; directi ng election of a chair and vice -chair; providing for meetings; prohibiting travel reimbursement for task force members; providing duties of task force; providing for staff assistance; requiring task force to issue report to the Legislature and Governor by a specified date; amending 70 O.S. 2021, Section 6-194, which relates to professional development programs; including dysgraphia in annual dyslexia professional development program; amending 70 O.S. 2021, Section 1210.517, which relates to the dyslexia handbook; including information about dysgraphia in the handbook; renaming handbook to dyslexia and dysgraphia handbook upon d ate certain; requiring inclusion of certain task force stakeholders in handbook review process; directing handbook revisions to include certain information about dys graphia; providing for noncodification; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA: SECTION 1. NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows: Req. No. 10876 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. There is hereby created, to continue until December 31, 2023, the "Dysgraphia and Education Task Force ". The purpose of the task force shall be to add information about dysgraphia to the dyslexia handbook that will p rovide guidance for schools, students , and parents in identification, intervention, and support of students with dysgraphia through accommodations and assistive technology. B. The task force shall be comprised of ten (10) members as follows: 1. The Superintendent of Public Instruction or designee; 2. A student with dysgraphia, appointed by the Speaker of the Oklahoma House of Representatives; 3. A classroom teacher, appointed by the President Pro Tempore of the Oklahoma State Senate ; 4. A special education teacher, appointed by the Governor; 5. A school district director of special services, appointed by the Governor; 6. Two members who are certified school psychologists, one appointed by the Spe aker of the Oklahoma House of Representatives and one appointed by the President Pro Tempore of the Oklahoma State Senate; 7. A professor or instructor employed by an Oklahoma institution of higher education who studies or provides in struction in dysgraphia, appointed by the Governor; Req. No. 10876 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. A member of the Oklahoma House of Representatives, appointed by the Speaker of the Oklahoma House of Representatives; and 9. A member of the Oklahoma State Senate, appointed by the President Pro Tempore of the Okl ahoma State Senate. C. Appointments to the task force shall be made by September 1, 2022. Members of the task force shall serve at the pleasure of the appointing authority. A vac ancy on the task force shall be filled by the appointing authority. D. The task force shall conduct an organi zational meeting no later than October 1, 2022. The task force shall elect a chair and vice-chair at the organizational meeting. A majority of t he members present at a meeting shall constitute a quorum to conduct busine ss. E. The task force shall be aut horized to meet at such time s as may be required in order to fulfill the duties imposed upon the task force by law. Members of the task force sha ll not be reimbursed for travel expenses. F. Due to dysgraphia being poorly understood and often undiagnosed, the task force shall: 1. Study how to effectively identify students who have dysgraphia identified through possible reading and broad written language scores; 2. Study the response-to-intervention process (RTI), as well as other effective research -based approaches in writing, reading, and Req. No. 10876 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 literacy to identify the appropriate measures for assisting students with dysgraphia; 3. Make recommendation s for appropriate resources and interventions for students with reading or writing difficulties, including dysgraphia and broad written language disorder; and 4. Include this information in the handbook as provided in Section 1210.517 of Title 70 of the Oklahoma Statutes for schools, teachers, and families to use as a resource. G. Staff assistance for the task force shall be provided by staff of the Oklahoma House of Representatives and the Oklahoma State Senate. H. The task force shall issue a report of its findings to the Legislature and Governor no l ater than December 1, 2023. SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-194, is amended to read as follows: Section 6-194. A. The district boards of education of this state shall establish professional development programs for the certified teachers and administrators of the di strict. Programs shall be adopted by each board based upon recommendations of a professional development committee appointed by the board of education for the district. For the fiscal years ending June 30, 2011, and June 30, 2012, a school district board of education may elect not to adopt a nd offer a professional development program f or certified teachers and administrators of the district. If a school Req. No. 10876 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 district elects not to adopt and offer a professional development program, the district may expend any monies allocated for professional development for any purpose related to the suppo rt and maintenance of the school district as determined by the b oard of education of the school district. B. Each professional development committee shall include classroom teachers, administrators, school coun selors or licensed mental health providers, a nd parents, guardians or custodians of children in the school di strict and shall consult with a higher education faculty. A majority of the members of the professional development committee shall be composed of classroom teachers. The teacher members shall be selected by a designated administrator of the school district from a list of names submitted by the teachers in the school district. The members selected shall be sub ject to the approval of a majority vot e of the teachers in the district. C. In developing program recommendations, each professional development committee shall annually utilize a data -driven approach to analyze student data and determine district and sch ool professional development needs. T he professional development programs adopted shall be directed toward development of competencies and instruc tional strategies in the core curriculum areas for the follow ing goals: 1. Increasing the academic performan ce data scores for the district and each school site; Req. No. 10876 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Closing achievement gaps among student subgroups; 3. Increasing student achievement as d emonstrated on state - mandated tests and the ACT; 4. Increasing high school graduation rates; and 5. Decreasing college remediation rates. Each program may also include components on classroo m management and student discipline strategies, outreach to pare nts, guardians or custodians of students, special education, and racial and ethnic education, which all perso nnel defined as teachers in Section 1 -116 of this title shall be required to comple te on a periodic basis. The State Board of Education shall prov ide guidelines to assist school districts in developing and i mplementing racial and ethnic education components into professional development progr ams. D. At a minimum of once an academic yea r a program shall be offered which includes the following: 1. Training on recognition of child abuse and neglect; 2. Recognition of child sexual abuse; 3. Proper reporting of suspected abuse; and 4. Available resources. E. One time per year, beginning in the 2009-2010 school year, training in the area of autism sh all be offered and all resident teachers of students in early childhood programs through grade three shall be required to complete the autism train ing during the resident year and at least one time every three (3) years Req. No. 10876 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 thereafter. All other teachers and education support professionals of students in early childhoo d programs through grade three shall be required to complete the autism training at le ast one time every three (3) years. The auti sm training shall include a minimum awareness of the characteris tics of autistic children, resources available and an introdu ction to positive behavior supports to challenging behavior. Each adopted program sha ll allow school counselors to receive at leas t one-third (1/3) of the hours or credit required each year thro ugh programs or courses specifically designed for school coun selors. Districts are authorized to utilize any means for professional development that is not prohibited by law including, but not limited to, professional development provided by the district, any state agency, institution of higher education, or any pri vate entity. F. One time per year, beginning in the 2020-2021 2022-2023 school year, a dyslexia and dysgraphia awareness program shall be offered. At a minimum, the program shall include: 1. Training in awareness of dyslexia and dysgraphia characteristics in students; 2. Training in effective classr oom instruction to meet the needs of students with dyslexia or dysgraphia, or both; and 3. Available dyslexia and dysgraphia resources for teacher s, students and parents. Req. No. 10876 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. Except as otherwise provided for in this subsection, each certified teacher in t his state shall be required by the dis trict board of education to meet the professi onal development requirements established by the board, or estab lished through the negotiation process. Except as otherwise provided for in this subsection, the professional development requirements established by each board of education shall require eve ry teacher to annually complete a mini mum number of the total nu mber of points required to maintain employment. Failure of a ny teacher to meet district board of education professional development requirements m ay be grounds for nonrenewal of such teacher' s contract by the board. Such failure may also be grounds for n onconsideration of salary increments affecting the teacher. For the fiscal years ending June 30, 2011, and June 30, 2012, a certified teacher shal l not be required to complete any points of t he total number of professional develo pment points required. Pr ovided, a teacher may elect to complete some or all of the minimum number of points required for the two (2) fiscal years and any points completed shall be counted toward the total number of points required to maintain employment. If a teacher does not complete some or all of the minimum number of points required for one (1) or both fiscal years, the total numbe r of points required to maintain emplo yment shall be adjusted and reduced by the number of points not completed. Req. No. 10876 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 H. Each district shall annually s ubmit a report to the State Department of Education on the di strict level professional development needs, act ivities completed, expenditures, and r esults achieved for each school year by each goal as provided in subsection C of this section. If a school d istrict elects not to adopt and offer a professional developm ent program as provided for in subsection A of this section, the district shall not be required to submit an annual report as requi red pursuant to this subsection but shall report to the State De partment of Education its election not to offer a program and all professional development activities completed by teachers and administrators of t he school district. I. Subject to the availa bility of funds, the Department shall develop an online system f or reporting as required in subsection H of this section. Th e Department shall also make such information available on its website. SECTION 3. AMENDATORY 70 O.S. 2021, Section 1210.517, is amended to read as follows: Section 1210.517 A. The State Department of Education shall maintain the dyslexia handboo k created by the Dyslexia and Ed ucation Task Force pursuant to Section 1, Chapter 261, O.S.L. 2017 and provide information about dysgraphia reported by the Dysgr aphia and Education Task Force pursuant to Section 1 of this act that includes guidance, technical assistance and training to assist all local school systems, studen ts and families in the implementation of Req. No. 10876 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 evidence-based practices for instructing students with characteristics of dyslexia and dysgraphia. Beginning January 1, 2024, the dyslexia ha ndbook shall be known as the dyslexia and dysgraphia handbook. B. The Department shall review the handbook and make revisions, as necessary, but at a minimum of every three (3) years, with stakeholders, including, but not limited to, previous members of the Dyslexia and Education Task F orce, the Dysgraphia and Education Task Force, and the State Advisory Panel created pursuant to Part B of the Individuals with Disabilities Education Act . Previous members of the Task Force task forces shall be consulted when making revisions to the handbook. Each member of the Task Force task forces not available for the review shall be replaced by an individual meeting the criteria of the original appointment in order to maintain the original composition of the Task Force task forces. C. Any revisions to the handbook shall include, but not be limited to, the following information for sc hool districts screening students in kindergarten and grades one through three who have been identified through the response-to-intervention process as having characteristics of dyslexi a or dysgraphia: 1. Evidence-based practices designed specifically for students with characteristics of dysl exia or dysgraphia; 2. Characteristics of targeted instruction for dyslexia and dysgraphia; Req. No. 10876 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Guidance on developing instructional plans for stu dents with characteristics of dyslexia or dysgraphia; 4. Best practices for reading and writing instruction aligned with the science of reading; 5. Guidance for selecting instructional materials that address dyslexia, dysgraphia and other reading or writing difficulties; 6. Suggested training programs; and 7. Guidance on dysgraphia and dyscalculia. SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-2-10876 MJ 03/02/22