September 2017 Committee on Instruction Item 5

Dyslexia Update

September 14, 2017

COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY:
This item provides the opportunity for the committee to receive an update on recent legislation addressing dyslexia and related disorders.

STATUTORY AUTHORITY: Texas Education Code (TEC), §38.003.

TEC, §38.003 as amended by House Bill (HB) 1886, 85th Texas Legislature, Regular Session, 2017, requires that a State Board of Education (SBOE) program that outlines screening or testing of students for dyslexia include screening at the end of the school year of each student in kindergarten and each student in the first grade.

PREVIOUS BOARD ACTION: The SBOE first approved the handbook Dyslexia and Related Disorders: An Overview of State and Federal Requirements in January 1986. The SBOE approved new guidelines referred to as the Revised Procedures Concerning Dyslexia and Related Disorders in 1992 and revised the guidelines in 1998. In 2001, the SBOE approved The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, an updated version of the state handbook. In November 2006, the SBOE approved revisions to the handbook in order to reflect the addition of TEC, §7.028(b); revision to 19 Texas Administrative Code (TAC) §74.28(h) and to include information related to the bundled accommodations and reauthorization of the 2004 federal Individuals with Disabilities Education Improvement Act. In July 2010, the SBOE adopted amendments to 19 TAC §74.28 to incorporate technical edits for clarification of references to the Dyslexia Handbook and to further explain district responsibilities. In September 2010, the SBOE approved updates to the Dyslexia Handbook to update references to state and federal statute, align terminology with more current language, and to expand information regarding domains to assess. In July 2014, the SBOE once again approved updates and revisions to the Dyslexia Handbook to align with legislation from the 82nd and 83rd session of the Texas Legislature.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
The SBOE first approved the handbook Dyslexia and Related Disorders: An Overview of State and Federal Requirements in January 1986 in support of dyslexia legislation passed by the Texas Legislature. The handbook contains the SBOE-approved procedures concerning dyslexia and related disorders and provides guidelines for school districts to follow as they identify and provide services for students with dyslexia. Additionally, the handbook provides school districts and parents/guardians with information regarding the state’s dyslexia statutes and their relation to federal laws.

The SBOE approved new guidelines referred to as the Revised Procedures Concerning Dyslexia and Related Disorders in 1992 and revised the guidelines in 1998. In 2001, the SBOE approved The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, an updated version of the state handbook. In November 2006, the SBOE approved revisions to the handbook in order to reflect the addition of TEC, §7.028(b); and revisions to TAC §74.28(h). The revised version, known as The Dyslexia Handbook – Revised 2007: Procedures Concerning Dyslexia and Related Disorders, also included information related to the bundled accommodations and reauthorization of the 2004 federal Individuals with Disabilities Education Improvement Act (IDEA).

In July 2010, the SBOE adopted amendments to 19 TAC §74.28, Students with Dyslexia and Related Disorders, to incorporate technical edits for clarification of references to the Dyslexia Handbook and to further explain district responsibilities. In September 2010, the SBOE approved updates to the dyslexia handbook to update references to state and federal statute, align terminology with more current language, and to expand information regarding domains to assess. In 2014, the SBOE again approved updates to the Dyslexia Handbook to update information to align with legislation from the 82nd and 83rd Texas Legislature.

The 85th Texas Legislature, Regular Session, 2017, passed HB 1886 amending TEC §38.003 to specify that a student enrolled in public schools must be screened or tested as appropriate for dyslexia and related disorders with a program approved by the SBOE. The legislation requires that the program must include screening at the end of the school year for all kindergarten and first grade students. Additionally, HB 1886 requires the TEA to annually develop a list of training opportunities that comply with the knowledge and practice standards of an international organization on dyslexia. The training must also enable an educator to understand and recognize dyslexia and implement systematic, explicit, and evidence-based instruction to meet the educational needs of a student with dyslexia.

FISCAL IMPACT: None.

PUBLIC AND STUDENT BENEFIT: Districts and schools will have accurate and appropriate resources and information for providing services to students with dyslexia and related disorders and for complying with state law regarding these students.

PROCEDURAL AND REPORTING IMPLICATIONS:
None.

PUBLIC COMMENTS: None.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A discussion item regarding the review of 19 TAC Chapter 74, Curriculum Requirements, is included as a separate item in this agenda.

Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services

Shelly Ramos, Senior Director
Curriculum Standards and Student Support

Attachments:
I. Statutory Citations (PDF, 17KB)
II. Text of 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders (PDF, 20KB)