| 1 | 1 | | 88R2983 CXP-D |
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| 2 | 2 | | By: Dutton H.B. No. 949 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the program requiring dyslexia screening and testing in |
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| 8 | 8 | | public schools. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 38.003, Education Code, is amended by |
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| 11 | 11 | | amending Subsections (a), (b), (c), and (c-1) and adding Subsection |
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| 12 | 12 | | (c-2) to read as follows: |
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| 13 | 13 | | (a) Students enrolling in public schools in this state shall |
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| 14 | 14 | | be screened or tested, as appropriate, for dyslexia and related |
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| 15 | 15 | | disorders at appropriate times in accordance with a program |
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| 16 | 16 | | approved by the agency [State Board of Education]. The program must |
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| 17 | 17 | | include screening at the end of the school year of each student in |
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| 18 | 18 | | kindergarten and each student in the first grade. |
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| 19 | 19 | | (b) In accordance with the program approved by the agency |
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| 20 | 20 | | [State Board of Education], the board of trustees of each school |
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| 21 | 21 | | district shall provide for the treatment of any student determined |
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| 22 | 22 | | to have dyslexia or a related disorder. |
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| 23 | 23 | | (c) Subject to Subsection (c-1), the agency [State Board of |
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| 24 | 24 | | Education] shall adopt any rules and standards necessary to |
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| 25 | 25 | | administer this section. |
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| 26 | 26 | | (c-1) The agency by rule shall develop procedures designed |
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| 27 | 27 | | to allow the agency to: |
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| 28 | 28 | | (1) effectively audit and monitor and periodically |
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| 29 | 29 | | conduct site visits of all school districts to ensure that |
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| 30 | 30 | | districts are complying with this section, including the program |
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| 31 | 31 | | approved by the agency [State Board of Education] under this |
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| 32 | 32 | | section; |
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| 33 | 33 | | (2) identify any problems school districts experience |
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| 34 | 34 | | in complying with this section, including the program approved by |
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| 35 | 35 | | the agency [State Board of Education] under this section; and |
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| 36 | 36 | | (3) develop reasonable and appropriate remedial |
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| 37 | 37 | | strategies to address school district noncompliance and ensure the |
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| 38 | 38 | | purposes of this section are accomplished. |
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| 39 | 39 | | (c-2) The agency by rule shall develop a procedure for the |
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| 40 | 40 | | parent or legal guardian of a student determined to have dyslexia or |
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| 41 | 41 | | a related disorder or accommodated because of dyslexia to file a |
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| 42 | 42 | | complaint to ensure compliance with federal and state laws and |
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| 43 | 43 | | agency rules or standards regarding the screening or testing of the |
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| 44 | 44 | | student under Subsection (a) or the student's treatment under |
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| 45 | 45 | | Subsection (b). |
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| 46 | 46 | | SECTION 2. Section 7.102(c)(28), Education Code, is |
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| 47 | 47 | | repealed. |
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| 48 | 48 | | SECTION 3. As soon as practicable after the effective date |
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| 49 | 49 | | of this Act, the State Board of Education shall transfer its powers, |
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| 50 | 50 | | duties, and functions regarding approving a program for testing |
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| 51 | 51 | | students for dyslexia and related disorders to the Texas Education |
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| 52 | 52 | | Agency. |
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| 53 | 53 | | SECTION 4. This Act applies beginning with the 2023-2024 |
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| 54 | 54 | | school year. |
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| 55 | 55 | | SECTION 5. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2023. |
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