Jan-Feb 2018 Committee on Instruction Item 4
Discussion of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements,
Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders
February 1, 2018
COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION
SUMMARY: This item provides the opportunity for the board to discuss 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 recent legislative changes.
STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(28) and §38.003, as amended by House Bill (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.
BOARD RESPONSE: This item is presented for review and comment.
PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC §74.28 effective September 1, 1996, and last amended the section effective August 24, 2010.
FUTURE ACTION EXPECTED: First reading and filing authorization of proposed amendment to 19 TAC §74.28 will be presented at the April 2018 SBOE meeting.
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 19 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 Legislatures.
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. Additionally, HB 1886 requires the Texas Education Agency (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. 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 rule review of 19 TAC Chapter 74.
This item provides the opportunity for the committee to discuss updates to the rules to align with changes in HB 1886, 85th Texas Legislature, Regular Session, 2017, along with clarifying changes shown in Attachment II.
FISCAL IMPACT: The TEA does not anticipate any additional costs to persons or entities required to comply with the proposed amendment; however, fiscal implications will be assessed after the committee gives direction regarding a possible proposed amendment to bring forward for first reading and filing authorization.
GOVERNMENT GROWTH IMPACT: Impact will be assessed after the committee gives direction regarding the proposed amendment to bring forward for first reading and filing authorization.
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: Procedural and reporting implications will be assessed after the board gives direction regarding a proposal to bring forward for first reading and filing authorization.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: Paperwork requirements will be assessed after the committee gives direction regarding the proposed amendment to bring forward for first reading and filing authorization.
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: None.
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, 18KB)
II. Text of Proposed Amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders (PDF, 21KB)