By: Parker S.B. No. 2140
A BILL TO BE ENTITLED
AN ACT
relating to a student's eligibility for special education services
provided by a school district, including services for dyslexia and
related disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Beckley Wilson Act.
SECTION 2. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0031 to read as follows:
Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) A school
district may not delay an evaluation of a child suspected of having
a disability because of the implementation of an intervention
process where the school district:
(1) suspects that a K-12 student has dyslexia or a
related disorder;
(2) identifies a student as at risk for reading
difficulties, including dyslexia and related disorders, with
quantitative and qualitative data showing that the student
exhibits characteristics of dyslexia or other specific learning
disabilities; or
(3) removes a student from their assigned campus who
Exhibits academic difficulties in reading, spelling, written
expression, or complex conditions and behaviors that could result
from undiagnosed learning disabilities.
(a-1) A school district shall seek parental consent for a
Full Individual Initial Evaluation (FIIE) that:
(1) assesses for dyslexia and related disorders using
the best practices for identifying dyslexia aligned with knowledge
and practice standards of an international organization on dyslexia
and other recognized professional organizations, including the
process outlined in the Texas Dyslexia Handbook (Figure: 19 TAC §
74.28(c));
(2) assesses for associated academic difficulties and
other conditions that commonly affect students with dyslexia;
(3) includes at least one member on the
multidisciplinary evaluation team with specific knowledge
regarding the reading process, dyslexia and related disorders, and
dyslexia instruction; and
(4) continues to provide grade level, evidence-based
core reading instruction (Tier 1) and providing appropriate tiered
interventions.
(a-2) When a student is evaluated by an LSSP or
diagnostician for dyslexia or a related disorder under this
section and is indicated not to have dyslexia or a related disorder,
an individual defined in subsection (d) must be included in the
interpretation of the evaluation data and co-sign the evaluation.
(b) The identification of dyslexia based on a preponderance
of data in the evaluation process in subsection (a):
(1) satisfies the criteria for a student to meet the
first prong of eligibility under IDEA. The state of Texas
acknowledges that dyslexia is a condition included within the
Specific Learning Disability category, thus dyslexia itself is a
Specific Learning Disability and can be listed in the IEP as
dyslexia, without the need to insert the broader term 'Specific
Learning Disability; and
(2) does not require a variance among specific areas
of cognitive function or between specific areas of cognitive
function and academic achievement.
(c) If as a result of dyslexia, a student needs any
additional instruction not provided to students without dyslexia,
or additional instruction to access and progress in the general
curriculum, then the ARD committee must:
(1) consider the student is eligible for an
Individualized Education Plan (IEP) as a student with a disability;
and
(2) document the instruction in the Individualized
Education Plan (IEP) that aligns with the Texas Dyslexia Handbook
(Figure: 19 TAC §74.28(c)) ensuring it is delivered with fidelity
to program descriptors, grouping formats, and training and skill of
the most qualified teacher while meeting the individual needs of
the student; or
(3) if a parent or guardian declines the IEP, the
school district must submit a statement to TEA documenting that the
parent fully understands the rights they are waving under the IDEA
before recommending accommodations via a 504 without delay.
(d) Districts shall employ persons who may be a therapist,
practitioner, specialist, or interventionist for students with
dyslexia and related disorders. The person hired under this
subsection is not required to hold a certificate or permit issued
under Subchapter B in special education or a teaching certificate
but must:
(1) when dyslexia is suspected, be prioritized as a
member of the multidisciplinary evaluation team under subsection
(a) with specific knowledge regarding the reading process,
dyslexia and related disorders, and dyslexia instruction;
(2) be fully trained in the district's adopted
dyslexia instructional material; and
(3) hold an appropriate license, including a license
issued under Chapter 403, Occupations Code; or
(4) hold a certification issued by an appropriate
association or have received training from an appropriate training
provider, including an academic language practitioner or therapist
certified by the Academic Language Therapy Association.
(d-1) The completion of a literacy achievement academy
under Section 21.4552 by an educator who participates in the
evaluation or instruction of students with dyslexia does not
satisfy the requirements of this subsection.
(e) The board of trustees of each school district shall
adopt a policy consistent with the grievance procedure adopted
under Section 26.011, which does not interfere with parents due
process rights under IDEA, to allow a parent to contest the school
district's implementation of this section and the Texas Dyslexia
Handbook (Figure: 19 TAC §74.28(c)).
(f) The commissioner shall adopt rules as necessary to
implement this section. The rules must:
(1) include a process for school districts to submit a
statement to the TEA each time a parent declines an Individualized
Education Plan that attests that the parent fully understands the
rights they are waiving under the IDEA; and
(2) include annual training requirements and signed
affidavits to ensure Hearing Officers and School Board Trustees are
aware and understand changes in legislation, commissioner rules,
and any updated guidelines from the State Board of Education.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
SECTION 4. As soon as practicable after the effective date
of this Act, the commissioner of education shall adopt rules
necessary to implement this Act using a negotiated rulemaking
process under Chapter 2008, Government Code.
SECTION 5. As soon as practicable after the effective date
of this Act, each school district shall notify the parent or person
standing in parental relation to a student who has been identified
as having dyslexia or a related disorder and who received dyslexia
intervention and instructional support in accordance with Section
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), during the
2022-2023 school year of the parent's or person's rights and
benefits to request a full individual evaluation under Section
29.004, Education Code. The commissioner of education shall develop
and make available a model notice that a school district shall use
to provide the notice required by this subsection.
SECTION 6. Not later than September 1, 2023, the Texas
Education Agency shall provide additional training materials to
school districts on the evaluation and identification of students
with dyslexia or a related disorder in accordance with this Act.
SECTION 7. This Act takes effect September 1, 2023.