Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB2768 Amended / Bill

Filed 03/04/2022

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
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 dysgraphia; 
providing for noncodification; and declaring an 
emergency. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:   
 
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SECTION 1.     NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as follows: 
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;   
 
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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; 
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;   
 
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2.  Study the response-to-intervention process (RTI), as well as 
other effective research -based approaches in writing, reading, and 
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   
 
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elect not to adopt a nd offer a professional development program f or 
certified teachers and administrators of the district.  If a school 
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:   
 
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1.  Increasing the academic performan ce data scores for the 
district and each school site; 
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   
 
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shall be required to complete the autism train ing during the 
resident year and at least one time every three (3) years 
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   
 
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3.  Available dyslexia and dysgraphia resources for teacher s, 
students and parents. 
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   
 
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required to maintain emplo yment shall be adjusted and reduced by the 
number of points not completed. 
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   
 
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guidance, technical assistance and training to assist all local 
school systems, studen ts and families in the implementation of 
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;   
 
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2.  Characteristics of targeted instruction for dyslexia and 
dysgraphia; 
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. 
 
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/02/2022 
- DO PASS, As Amended.