November 2018 Committee on Instruction Item 2

Approval of Proposed Updates to the Dyslexia Handbook, Procedures Concerning Dyslexia and Related Disorders, Revised 2014

November 16, 2018

COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY:
This item provides the opportunity for the committee and board to review and approve the recommended updates to the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders to align the handbook with recent legislative changes.

STATUTORY AUTHORITY:
Statutory authority is the 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.

PREVIOUS BOARD ACTION: The SBOE first approved the handbook Dyslexia and Related Disorders: An Overview of State and Federal Requirements in January 1986. 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 (Dyslexia Handbook), 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); revision to 19 Texas Administrative Code (TAC) §74.28(h) and to include information related to the bundled accommodations and reauthorization of the 2004 federal Individuals with Disabilities Education Improvement Act. 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 July 2014, the SBOE once again approved updates and revisions to the Dyslexia Handbook to align with legislation from the 82nd and 83rd sessions of the Texas Legislature. The Committee on Instruction discussed updates to the Dyslexia Handbook at the April, June, and September 2018 meetings.

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 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 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 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 for 19 TAC, Chapter 74. The SBOE discussed proposed changes to §74.28 at its January-February 2018 meeting. At that time, the Committee on Instruction requested that staff convene a committee to develop recommended updates to the Dyslexia Handbook. Additionally, the committee requested that staff prepare proposed amendments to administrative rules based on information provided during public testimony.

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 convened in March, May, July, and August 2018 to complete recommendations for updates to the Dyslexia Handbook. Updates to the handbook were originally scheduled as an action item at the September 2018 SBOE meeting but it was presented for discussion only. This item provides the SBOE with the opportunity to review and approve the recommended updates to the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders.

Updates to the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders will be presented as a separate exhibit at the November 2018 SBOE meeting.

FISCAL IMPACT: There are costs for the agency associated with the process of updating the handbook including staff and committee travel, meeting accommodations, and production and dissemination of documents. It is estimated that the cost for completing this work in fiscal year 2018 was approximately $12,000.

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: None.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.

PUBLIC COMMENTS:
Following the June and September 2018 SBOE meetings, drafts of Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders were posted to the TEA website for public feedback. Numerous comments were received and shared with the SBOE-appointed committees to assist them in producing the final version of recommendations for updates to the Dyslexia Handbook.

ALTERNATIVES:
None.

OTHER COMMENTS AND RELATED ISSUES: Proposed amendment to 19 TAC Chapter 74, Curriculum Requirements, Subchapter C, Other Provisions, §74.28, Students with Dyslexia and Related Disorders, is presented for first reading and filing authorization as a separate item in this agenda.

MOTION TO BE CONSIDERED:
The State Board of Education:

Approve proposed updates to Dyslexia Handbook: Procedures Concerning 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:
  Statutory Citations

Separate Exhibit: Proposed updates to Dyslexia Handbook: Procedures Concerning Dyslexia
and Related Disorders