November 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)
November 16, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization 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).
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.
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.
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 required that the program include screening at the end of the school year for all kindergarten 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. Attachment II 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 first reading and filing authorization.
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, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it 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 AND STUDENT BENEFIT: The proposed amendment 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.
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 by the SBOE, 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 is presented for approval as a separate item in this agenda.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization the 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
Attachment I: Statutory Citations
Attachment II: Text of 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)
November 16, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for first reading and filing authorization 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).
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.
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.
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 required that the program include screening at the end of the school year for all kindergarten 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. Attachment II 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 first reading and filing authorization.
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, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it 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 AND STUDENT BENEFIT: The proposed amendment 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.
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 by the SBOE, 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 is presented for approval as a separate item in this agenda.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for first reading and filing authorization the 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
Attachment I: Statutory Citations
Attachment II: Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders