88R2983 CXP-D
By: Dutton H.B. No. 949
A BILL TO BE ENTITLED
AN ACT
relating to the program requiring dyslexia screening and testing in
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.003, Education Code, is amended by
amending Subsections (a), (b), (c), and (c-1) and adding Subsection
(c-2) to read as follows:
(a) Students enrolling in public schools in this state shall
be screened or tested, as appropriate, for dyslexia and related
disorders at appropriate times in accordance with a program
approved by the agency [State Board of Education]. The program must
include screening at the end of the school year of each student in
kindergarten and each student in the first grade.
(b) In accordance with the program approved by the agency
[State Board of Education], the board of trustees of each school
district shall provide for the treatment of any student determined
to have dyslexia or a related disorder.
(c) Subject to Subsection (c-1), the agency [State Board of
Education] shall adopt any rules and standards necessary to
administer this section.
(c-1) The agency by rule shall develop procedures designed
to allow the agency to:
(1) effectively audit and monitor and periodically
conduct site visits of all school districts to ensure that
districts are complying with this section, including the program
approved by the agency [State Board of Education] under this
section;
(2) identify any problems school districts experience
in complying with this section, including the program approved by
the agency [State Board of Education] under this section; and
(3) develop reasonable and appropriate remedial
strategies to address school district noncompliance and ensure the
purposes of this section are accomplished.
(c-2) The agency by rule shall develop a procedure for the
parent or legal guardian of a student determined to have dyslexia or
a related disorder or accommodated because of dyslexia to file a
complaint to ensure compliance with federal and state laws and
agency rules or standards regarding the screening or testing of the
student under Subsection (a) or the student's treatment under
Subsection (b).
SECTION 2. Section 7.102(c)(28), Education Code, is
repealed.
SECTION 3. As soon as practicable after the effective date
of this Act, the State Board of Education shall transfer its powers,
duties, and functions regarding approving a program for testing
students for dyslexia and related disorders to the Texas Education
Agency.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.