Jan-Feb 2019 Committee on Instruction Item 2
Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
(Second Reading and Final Adoption)
February 1, 2019
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption a proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, to adopt in rule as a figure the updated Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook). No changes are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(28) and §38.003.
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, 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.
The full text of statutory citations can be found in the statutory authority section of this agenda.
EFFECTIVE DATE: The proposed effective date of the proposed amendment is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2019-2020 school year. The earlier effective date will allow for the rule to become effective so that districts can benefit from additional guidance for serving students with dyslexia and related disorders as soon as possible.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.28 effective September 1, 1996, and last amended it effective August 27, 2018, to align the rule with legislative changes made by House Bill (HB) 1886, 85th Texas Legislature, Regular Session, 2017. At the September 2018 meeting, the SBOE postponed consideration for first reading and filing authorization of the proposed amendment to 19 TAC §74.28 until the November 2018 meeting to align with the approval of updates to the handbook. At the November 2018 SBOE meeting, the board gave final approval to the Dyslexia Handbook. The board also approved for first reading and filing authorization the proposed amendment to 19 TAC §74.28.
BACKGROUND INFORMATION AND JUSTIFICATION: 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 required that the program include screening at the end of the school year for all kindergarten students and first grade students. An amendment to §74.28 to align the rule with HB 1886 was approved for second reading and final adoption at the June 2018 SBOE meeting with an effective date of August 27, 2018.
TEA convened two committees to develop recommendations to update the Dyslexia Handbook, one committee to review updates related to screening students and a second committee to review updates related to student identification. The two committees were convened in March, May, June, July, and August 2018 to make recommendations for updates to the Dyslexia Handbook.
The SBOE was initially scheduled to consider the proposed amendment to 19 TAC §74.28 at the September 2018 meeting; however, additional time was needed to post and collect feedback on the draft recommendations for updates to the handbook. First reading and filing authorization for the proposed amendment to 19 TAC §74.28 was postponed until the November 2018 meeting to align with the approval of updates to the handbook. At the November 2018 SBOE meeting, the board approved the updated Dyslexia Handbook. The SBOE also approved for first reading and filing authorization the proposed amendment to 19 TAC §74.28.
The attachment to this item presents the text of the proposed amendment to 19 TAC §74.28, which would include the Dyslexia Handbook as Figure: 19 TAC §74.28(c), for consideration by the SBOE for second reading and final adoption. No changes are recommended since approved for first reading.
FISCAL IMPACT: No changes have been made to this section since published as proposed.
The Texas Education Agency (TEA) has determined that there are no additional costs to state or local government required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed.
The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed.
The proposal has 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.
COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed.
The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.
GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed.
TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed.
The proposal would give districts and schools 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. There is no anticipated economic cost to persons who are required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed.
The proposal would have no new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: Following the November 2018 SBOE meeting, notice of the proposed amendment to 19 TAC §74.28 was filed with the Texas Register, initiating the public comment period. No comments had been received at the time this item was prepared. A summary of public comments received will be provided to the SBOE prior to and during the January-February 2019 meeting.
MOTION TO BE CONSIDERED: The State Board of Education:
By an affirmative vote of two-thirds of the members of the board, approve for second reading and final adoption proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, with an effective date of 20 days after filing as adopted with the Texas Register.
Staff Members Responsible:
Monica Martinez, Associate Commissioner, Standards and Support Services
Shelly Ramos, Senior Director, Curriculum Standards and Student Support
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
Due to the size of the Dyslexia Handbook adopted as Figure: 19 TAC §74.28(c), the Dyslexia Handbook is available electronically on the TEA website at https://tea.texas.gov/academics/dyslexia