April 2018 Committee on Instruction Item 3

Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
(First Reading and Filing Authorization)


April 13, 2018

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION


SUMMARY: This item presents for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, to update the rule and align the rule with legislative changes made by House Bill (HB) 1886, 85th Texas Legislature, Regular Session, 2017.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(28) and §38.003, as amended by HB 1886, 85th Texas Legislature, Regular Session, 2017.

TEC, §7.102(c)(28), requires the State Board of Education (SBOE) to approve a program for testing students for dyslexia and related disorders.

TEC, §38.003, as amended by HB 1886, 85th Texas Legislature, Regular Session, 2017, requires that students enrolling in public schools be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the SBOE. The program must include screening at the end of the school year of each student in kindergarten and each student in the first grade.

EFFECTIVE DATE: The proposed effective date of the proposed amendment is August 27, 2018.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.28 effective September 1, 1996, and last amended it effective August 24, 2010, to incorporate technical edits for clarification of references to the dyslexia handbook and to further explain district responsibilities.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 74.28 provides guidance to school districts and open-enrollment charter schools for identifying students with dyslexia or related disorders and providing appropriate services to those students.

The 85th Texas Legislature, Regular Session, 2017, passed HB 1886 amending TEC, §38.003, to specify that a student enrolled in public school must be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the SBOE. The legislation requires that the program include screening at the end of the school year for all kindergarten and first-grade students. At the September 2017 meeting, the SBOE heard testimony from the public related to its rules on dyslexia and related disorders as part of the board's adoption of the statutorily required rule review of 19 TAC Chapter 74. A discussion item on proposed changes to §74.28 was included on the January-February 2018 Committee on Instruction agenda. At that time, the committee requested that staff prepare a proposed amendment to §74.28 based on information provided during public testimony.

The proposed amendment would clarify requirements for screening of students for dyslexia and related disorders and would clarify that school districts and open-enrollment charter schools must provide each student with dyslexia or a related disorder access to each program under which the student qualifies for services. The proposed amendment would also address specific information that must be provided to parents before identification or evaluation of a student occurs, including information that must be provided before a full individual and initial evaluation is conducted to determine whether a student has a disability under the Individuals with Disabilities Education Act (IDEA). The proposed amendment would add more specific requirements for parent education programs and clarify the circumstances under which related monitoring will occur.

The text of the proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, will be provided as a separate exhibit prior to the April SBOE meeting.

FISCAL IMPACT: The Texas Education Agency (TEA) has determined that there are no additional costs to the TEA to comply with the proposed amendment. In addition, there are no additional costs to local government beyond what the authorizing statute requires. School districts and charter schools may incur costs for dyslexia screening required by statute. Because there are multiple assessments that can be used to screen for dyslexia, it is difficult to estimate the exact cost of the required screening for any given district.

In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT:
TEA staff has determined that the proposed amendment does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

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 and federal laws regarding these students.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no new procedural and reporting requirements.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no new locally maintained paperwork requirements.

PUBLIC COMMENTS: The public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES:
A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

Proposed updates to the Dyslexia Handbook, Procedures Concerning Dyslexia and Related Disorders, Revised 2014 are presented for discussion as a separate item in this agenda.

MOTION TO BE CONSIDERED: The State Board of Education:

Approve for first reading and filing authorization proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders.

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, 14KB)
II. Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders (to be provided as a separate exhibit prior to the April SBOE meeting) (PDF, 26KB)