Texas 2023 - 88th Regular

Texas Senate Bill SB2140 Compare Versions

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1	1	By: Parker S.B. No. 2140
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a student's eligibility for special education services
7	7	provided by a school district, including services for dyslexia and
8	8	related disorders.
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. Subchapter A, Chapter 29, Education Code, is
12	12	amended by adding Section 29.0031 to read as follows:
13	13	Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) A school
14	14	district may not delay an evaluation of a child suspected of having
15	15	a disability because of the implementation of an intervention
16	16	process where the school district:
17	17	(1) suspects that a K-12 student has dyslexia or a
18	18	related disorder;
19	19	(2) identifies a student as at risk for reading
20	20	difficulties, including dyslexia and related disorders, with
21	21	quantitative and qualitative data showing that the student
22	22	exhibits characteristics of dyslexia or other specific learning
23	23	disabilities; or
24	24	(3) removes a student from their assigned campus who
25	25	Exhibits academic difficulties in reading, spelling, written
26	26	expression, or complex conditions and behaviors that could result
27	27	from undiagnosed learning disabilities.
28	28	(a-1) A school district shall seek parental consent for a
29	29	Full Individual Initial Evaluation (FIIE) that:
30	30	(1) assesses for dyslexia and related disorders using
31	31	the best practices for identifying dyslexia aligned with knowledge
32	32	and practice standards of an international organization on dyslexia
33	33	and other recognized professional organizations, including the
34	34	process outlined in the Texas Dyslexia Handbook (Figure: 19 TAC §
35	35	74.28(c));
36	36	(2) assesses for associated academic difficulties and
37	37	other conditions that commonly affect students with dyslexia;
38	38	(3) includes at least one member on the
39	39	multidisciplinary evaluation team with specific knowledge
40	40	regarding the reading process, dyslexia and related disorders, and
41	41	dyslexia instruction; and
42	42	(4) continues to provide grade level, evidence-based
43	43	core reading instruction (Tier 1) and providing appropriate tiered
44	44	interventions.
45	45	(a-2) When a student is evaluated by an LSSP or
46	46	diagnostician for dyslexia or a related disorder under this
47	47	section and is indicated not to have dyslexia or a related disorder,
48	48	an individual defined in subsection (d) must be included in the
49	49	interpretation of the evaluation data and co-sign the evaluation.
50	50	(b) The identification of dyslexia based on a preponderance
51	51	of data in the evaluation process in subsection (a):
52	52	(1) satisfies the criteria for a student to meet the
53	53	first prong of eligibility under IDEA. The state of Texas
54	54	acknowledges that dyslexia is a condition included within the
55	55	Specific Learning Disability category, thus dyslexia itself is a
56	56	Specific Learning Disability and can be listed in the IEP as
57	57	dyslexia, without the need to insert the broader term 'Specific
58	58	Learning Disability; and
59	59	(2) does not require a variance among specific areas
60	60	of cognitive function or between specific areas of cognitive
61	61	function and academic achievement.
62	62	(c) If as a result of dyslexia, a student needs any
63	63	additional instruction not provided to students without dyslexia,
64	64	or additional instruction to access and progress in the general
65	65	curriculum, then the ARD committee must:
66	66	(1) consider the student is eligible for an
67	67	Individualized Education Plan (IEP) as a student with a disability;
68	68	and
69	69	(2) document the instruction in the Individualized
70	70	Education Plan (IEP) that aligns with the Texas Dyslexia Handbook
71	71	(Figure: 19 TAC §74.28(c)) ensuring it is delivered with fidelity
72	72	to program descriptors, grouping formats, and training and skill of
73	73	the most qualified teacher while meeting the individual needs of
74	74	the student; or
75	75	(3) if a parent or guardian declines the IEP, the
76	76	school district must submit a statement to TEA documenting that the
77	77	parent fully understands the rights they are waving under the IDEA
78	78	before recommending accommodations via a 504 without delay.
79	79	(d) Districts shall employ persons who may be a therapist,
80	80	practitioner, specialist, or interventionist for students with
81	81	dyslexia and related disorders. The person hired under this
82	82	subsection is not required to hold a certificate or permit issued
83	83	under Subchapter B in special education or a teaching certificate
84	84	but must:
85	85	(1) when dyslexia is suspected, be prioritized as a
86	86	member of the multidisciplinary evaluation team under subsection
87	87	(a) with specific knowledge regarding the reading process,
88	88	dyslexia and related disorders, and dyslexia instruction;
89	89	(2) be fully trained in the district's adopted
90	90	dyslexia instructional material; and
91	91	(3) hold an appropriate license, including a license
92	92	issued under Chapter 403, Occupations Code; or
93	93	(4) hold a certification issued by an appropriate
94	94	association or have received training from an appropriate training
95	95	provider, including an academic language practitioner or therapist
96	96	certified by the Academic Language Therapy Association.
97	97	(d-1) The completion of a literacy achievement academy
98	98	under Section 21.4552 by an educator who participates in the
99	99	evaluation or instruction of students with dyslexia does not
100	100	satisfy the requirements of this subsection.
101	101	(e) The board of trustees of each school district shall
102	102	adopt a policy consistent with the grievance procedure adopted
103	103	under Section 26.011, which does not interfere with parents due
104	104	process rights under IDEA, to allow a parent to contest the school
105	105	district's implementation of this section and the Texas Dyslexia
106	106	Handbook (Figure: 19 TAC §74.28(c)).
107	107	(f) The commissioner shall adopt rules as necessary to
108	108	implement this section. The rules must:
109	109	(1) include a process for school districts to submit a
110	110	statement to the TEA each time a parent declines an Individualized
111	111	Education Plan that attests that the parent fully understands the
112	112	rights they are waiving under the IDEA; and
113	113	(2) include annual training requirements and signed
114	114	affidavits to ensure Hearing Officers and School Board Trustees are
115	115	aware and understand changes in legislation, commissioner rules,
116	116	and any updated guidelines from the State Board of Education.
117	117	SECTION 3. This Act applies beginning with the 2023-2024
118	118	school year.
119	119	SECTION 4. As soon as practicable after the effective date
120	120	of this Act, the commissioner of education shall adopt rules
121	121	necessary to implement this Act using a negotiated rulemaking
122	122	process under Chapter 2008, Government Code.
123	123	SECTION 5. As soon as practicable after the effective date
124	124	of this Act, each school district shall notify the parent or person
125	125	standing in parental relation to a student who has been identified
126	126	as having dyslexia or a related disorder and who received dyslexia
127	127	intervention and instructional support in accordance with Section
128	128	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), during the
129	129	2022-2023 school year of the parent's or person's rights and
130	130	benefits to request a full individual evaluation under Section
131	131	29.004, Education Code. The commissioner of education shall develop
132	132	and make available a model notice that a school district shall use
133	133	to provide the notice required by this subsection.
134	134	SECTION 6. Not later than September 1, 2023, the Texas
135	135	Education Agency shall provide additional training materials to
136	136	school districts on the evaluation and identification of students
137	137	with dyslexia or a related disorder in accordance with this Act.
138	138	SECTION 7. This Act takes effect September 1, 2023.