Texas 2023 - 88th Regular

Texas House Bill HB3928 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 3928
2	2
3	3
4	4	AN ACT
5	5	relating to dyslexia evaluations and services for public school
6	6	students, the provision of services for students with dyslexia and
7	7	related disorders, and certain parental notice regarding the rights
8	8	of parents of public school students with disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Beckley Wilson Act.
11	11	SECTION 2. Section 7.102(c)(28), Education Code, is amended
12	12	to read as follows:
13	13	(28) The board shall approve a program for testing
14	14	students for dyslexia and related disorders as provided by Section
15	15	38.003. The program may not include a distinction between standard
16	16	protocol dyslexia instruction, as defined by the Dyslexia Handbook:
17	17	Procedures Concerning Dyslexia and Related Disorders, as updated in
18	18	2021 and adopted by the State Board of Education, and its subsequent
19	19	amendments, and other types of direct dyslexia instruction,
20	20	including specially designed instruction.
21	21	SECTION 3. Subchapter A, Chapter 29, Education Code, is
22	22	amended by adding Sections 29.0031 and 29.0032 to read as follows:
23	23	Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a)
24	24	Dyslexia is an example of and meets the definition of a specific
25	25	learning disability under the Individuals with Disabilities
26	26	Education Act (20 U.S.C. Section 1401(30)). If a district suspects
27	27	or has a reason to suspect that a student may have dyslexia,
28	28	including after evaluation or use of a reading diagnosis under
29	29	Section 28.006 or 38.003, and that the student may be a child with a
30	30	disability under the Individuals with Disabilities Education Act
31	31	(20 U.S.C. Section 1401(3)), the district must:
32	32	(1) provide to the student's parent or a person
33	33	standing in parental relation to the student a form developed by the
34	34	agency explaining the rights available under the Individuals with
35	35	Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that
36	36	may be additional to the rights available under Section 504,
37	37	Rehabilitation Act of 1973 (29 U.S.C. Section 794);
38	38	(2) comply with all federal and state requirements,
39	39	including the Dyslexia Handbook: Procedures Concerning Dyslexia
40	40	and Related Disorders, as adopted by the State Board of Education,
41	41	and its subsequent amendments, regarding any evaluation of the
42	42	student; and
43	43	(3) if the student is evaluated for dyslexia or a
44	44	related disorder, also evaluate the student in any other areas in
45	45	which the district suspects the student may have a disability.
46	46	(b) The multidisciplinary evaluation team and any
47	47	subsequent team convened to determine a student's eligibility for
48	48	special education and related services must include at least one
49	49	member with specific knowledge regarding the reading process,
50	50	dyslexia and related disorders, and dyslexia instruction. The
51	51	member must:
52	52	(1) hold a licensed dyslexia therapist license under
53	53	Chapter 403, Occupations Code;
54	54	(2) hold the most advanced dyslexia-related
55	55	certification issued by an association recognized by the State
56	56	Board of Education, and identified in, or substantially similar to
57	57	an association identified in, the program and rules adopted under
58	58	Sections 7.102 and 38.003; or
59	59	(3) if a person qualified under Subdivision (1) or (2)
60	60	is not available, meet the applicable training requirements adopted
61	61	by the State Board of Education pursuant to Sections 7.102 and
62	62	38.003.
63	63	(c) A member of a multidisciplinary evaluation team and any
64	64	subsequent team convened to determine a student's eligibility for
65	65	special education and related services as described by Subsection
66	66	(b) must sign a document describing the member's participation in
67	67	the evaluation of a student described by that subsection and any
68	68	resulting individualized education program developed for the
69	69	student.
70	70	(d) At least once each grading period, and more often if
71	71	provided for in a student's individualized education program, a
72	72	school district shall provide the parent of or person standing in
73	73	parental relation to a student receiving dyslexia instruction with
74	74	information regarding the student's progress as a result of the
75	75	student receiving that instruction.
76	76	Sec. 29.0032. PROVIDERS OF DYSLEXIA INSTRUCTION. (a) A
77	77	provider of dyslexia instruction to students with dyslexia and
78	78	related disorders:
79	79	(1) must be fully trained in the district's adopted
80	80	instructional materials for students with dyslexia; and
81	81	(2) is not required to hold a certificate or permit in
82	82	special education issued under Subchapter B, Chapter 21, unless the
83	83	provider is employed in a special education position that requires
84	84	the certification.
85	85	(b) The completion of a literacy achievement academy under
86	86	Section 21.4552 by an educator who participates in the evaluation
87	87	or instruction of students with dyslexia and related disorders does
88	88	not satisfy the requirements of Subsection (a)(1).
89	89	SECTION 4. Section 37.006, Education Code, is amended by
90	90	adding Subsection (p) to read as follows:
91	91	(p) On the placement of a student in a disciplinary
92	92	alternative education program under this section, the school
93	93	district shall provide information to the student's parent or
94	94	person standing in parental relation to the student regarding the
95	95	process for requesting a full individual and initial evaluation of
96	96	the student under Section 29.004.
97	97	SECTION 5. Section 37.023(d), Education Code, is amended to
98	98	read as follows:
99	99	(d) The assistance required by Subsection (c) must include a
100	100	personalized transition plan for the student developed by the
101	101	campus administrator. A personalized transition plan:
102	102	(1) must include:
103	103	(A) recommendations for the best educational
104	104	placement of the student; and
105	105	(B) the provision of information to the student's
106	106	parent or a person standing in parental relation to the student
107	107	regarding the process to request a full individual and initial
108	108	evaluation of the student for purposes of special education
109	109	services under Section 29.004; and
110	110	(2) may include:
111	111	(A) recommendations for counseling, behavioral
112	112	management, or academic assistance for the student with a
113	113	concentration on the student's academic or career goals;
114	114	(B) recommendations for assistance for obtaining
115	115	access to mental health services provided by the district or
116	116	school, a local mental health authority, or another private or
117	117	public entity; and
118	118	(C) [the provision of information to the
119	119	student's parent or a person standing in parental relation to the
120	120	student about the process to request a full individual and initial
121	121	evaluation of the student for purposes of special education
122	122	services under Section 29.004; and
123	123	[(D)] a regular review of the student's progress
124	124	toward the student's academic or career goals.
125	125	SECTION 6. Sections 38.003(b) and (c-1), Education Code,
126	126	are amended to read as follows:
127	127	(b) In accordance with the program approved by the State
128	128	Board of Education, the board of trustees of each school district
129	129	shall:
130	130	(1) provide for the treatment of any student
131	131	determined to have dyslexia or a related disorder; and
132	132	(2) adopt and implement a policy requiring the
133	133	district to comply with all rules and standards adopted by the State
134	134	Board of Education to implement the program, including:
135	135	(A) the Dyslexia Handbook: Procedures Concerning
136	136	Dyslexia and Related Disorders, as adopted by the State Board of
137	137	Education, and its subsequent amendments; and
138	138	(B) guidance published by the commissioner to
139	139	assist the district in implementing the program.
140	140	(c-1) The agency by rule shall develop procedures designed
141	141	to allow the agency to:
142	142	(1) effectively audit and monitor and periodically
143	143	conduct site visits of all school districts to ensure that
144	144	districts are complying with this section, including the program
145	145	approved by the State Board of Education under this section;
146	146	(2) identify any problems school districts experience
147	147	in complying with this section, including the program approved by
148	148	the State Board of Education under this section; [and]
149	149	(3) develop reasonable and appropriate remedial
150	150	strategies to address school district noncompliance and ensure the
151	151	purposes of this section are accomplished; and
152	152	(4) solicit input from parents of students enrolled in
153	153	a school district during the auditing and monitoring of the
154	154	district under Subdivision (1) regarding the district's
155	155	implementation of the program approved by the State Board of
156	156	Education under this section.
157	157	SECTION 7. Not later than June 30, 2024, the State Board of
158	158	Education shall revise the Dyslexia Handbook: Procedures
159	159	Concerning Dyslexia and Related Disorders, as adopted by the State
160	160	Board of Education, to conform with Section 7.102, Education Code,
161	161	as amended by this Act.
162	162	SECTION 8. This Act applies beginning with the 2023-2024
163	163	school year.
164	164	SECTION 9. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2023.
169	169	______________________________ ______________________________
170	170	President of the Senate Speaker of the House
171	171	I certify that H.B. No. 3928 was passed by the House on May 3,
172	172	2023, by the following vote: Yeas 145, Nays 1, 1 present, not
173	173	voting; and that the House concurred in Senate amendments to H.B.
174	174	No. 3928 on May 19, 2023, by the following vote: Yeas 140, Nays 0,
175	175	2 present, not voting.
176	176	______________________________
177	177	Chief Clerk of the House
178	178	I certify that H.B. No. 3928 was passed by the Senate, with
179	179	amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
180	180	0.
181	181	______________________________
182	182	Secretary of the Senate
183	183	APPROVED: __________________
184	184	Date
185	185	__________________
186	186	Governor