June 2018 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)
June 15, 2018
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 update the rule and align the rule with legislative changes made by House Bill (HB) 1886, 85th Texas Legislature, Regular Session, 2017. No changes are recommended since approved for first reading.
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. 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 rules to become effective at the start of the 2018-2019 school year.
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. At the April 2018 meeting, the SBOE approved the proposed amendment to 19 TAC §74.28 for first reading and filing authorization.
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. The proposed amendment would add more specific requirements for parent education programs and clarify the circumstances under which related monitoring will occur.
Attachment II presents the text of the proposed amendment to 19 TAC §74.28 for consideration by the SBOE for second reading and final adoption. No changes are recommended since approved for first reading.
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: Following the April 2018 SBOE meeting, notice of the proposed amendment to 19 TAC §74.28 was filed with the Texas Register, initiating the public comment period. A summary of public comments received regarding the proposal will be provided to the SBOE prior to and during the June 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: 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 second reading and final adoption the proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders; and
Make an affirmative finding that immediate adoption of the proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, is necessary and shall have an effective date of August 27, 2018. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
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, 18 KB)
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, 30 KB)