| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings.
(1) Screening a student for dyslexia or a related disorder,
a term used in Texas Education Code (TEC), §38.003, means the
administration of a universal screening instrument required for students
in Kindergarten and Grade 1.
(2) Testing a student for dyslexia or a related disorder,
a term used in TEC, §38.003, means a comprehensive evaluation
as required under 34 Code of Federal Regulations (CFR), Part 300,
and includes evaluation components as stated in the "Dyslexia Handbook:
Procedures Concerning Dyslexia and Related Disorders," referenced
in subsection (c) of this section, for the identification of dyslexia
or a related disorder.
(3) Treatment for a student identified with dyslexia
or a related disorder, a term used in TEC §38.003, means any
instructional accommodations through an accommodation plan under Section
504 or instructional accommodations, modifications, and/or the provision
of dyslexia instruction in accordance with a student's individualized
education program (IEP).
(4) Direct dyslexia instruction, a term used in TEC, §7.102(c)(28),
or dyslexia instruction means evidence-based dyslexia instruction
that includes the required components of dyslexia instruction and
instructional delivery methods as outlined in the handbook referenced
in subsection (c) of this section and as described by a student's
IEP under TEC, §29.005.
(5) Provider of dyslexia instruction (PDI) means a
provider who meets the requirements of TEC, §29.0032.
(b) The board of trustees of a school district or the
governing body of an open-enrollment charter school must adopt and
implement a policy requiring the district or school to comply with
this section, inclusive of the handbook referenced in subsection (c)
of this section and the provision of dyslexia instruction for students
identified with dyslexia or a related disorder as determined by the
student's admission, review, and dismissal (ARD) committee.
(c) A school district's or open-enrollment charter
school's policy must be implemented according to the State Board of
Education's (SBOE's) "Dyslexia Handbook: Procedures Concerning Dyslexia
and Related Disorders " provided in this subsection. Before adopting
changes to the handbook, the SBOE will consider input provided by
educators and professionals in the field of reading and dyslexia and
related disorders, as well as parents and other stakeholders, from
across the state.
Attached Graphic
(d) A school district or open-enrollment charter school
must provide evidence-based dyslexia instruction by a PDI for students
with dyslexia or a related disorder that includes the required instructional
and delivery components found in the handbook referenced in subsection
(c) of this section.
(e) Each school district and open-enrollment charter
school shall report through the Texas Student Data System Public Education
Information Management System (TSDS PEIMS) the results of the screening
for dyslexia and related disorders required for each student in Kindergarten
and each student in Grade 1 in accordance with TEC, §38.003(a).
(f) Each school district and open-enrollment charter
school shall provide to parents of students enrolled in the district
or school information on:
(1) characteristics of dyslexia and related disorders;
(2) evaluation and identification of dyslexia and related
disorders;
(3) effective instructional strategies for teaching
students with dyslexia and related disorders;
(4) qualifications of and contact information for PDIs
at each campus or school;
(5) instructional accommodations and modifications;
(6) the steps in the special education process, as
described in the form developed by the Texas Education Agency to comply
with TEC, §29.0031(a)(1); and
(7) how to request a copy and access the electronic
version of the handbook referenced in subsection (c) of this section.
(g) School districts and open-enrollment charter schools
will be subject to monitoring for compliance with federal law and
regulations in connection with this section. School districts and
open-enrollment charter schools will be subject to auditing and monitoring
for compliance with state dyslexia laws in accordance with administrative
rules adopted by the commissioner of education as required by TEC, §38.003(c-1).
(h) School districts and open-enrollment charter schools
must include the member required by TEC, §29.0031(b), on the
multidisciplinary team and ARD committee, as appropriate, who meets
the requirements of TEC, §29.0031(b)(1) or (2), or who meets
the training requirements established by the SBOE as described in
the handbook referenced in subsection (c) of this section.
|
| Source Note: The provisions of this §74.28 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective August 8, 2006, 31 TexReg 6212; amended to be effective August 24, 2010, 35 TexReg 7211; amended to be effective August 27, 2018, 43 TexReg 5519; amended to be effective March 13, 2019, 44 TexReg 1315; amended to be effective December 25, 2019, 44 TexReg 7981; amended to be effective February 10, 2022, 47 TexReg 504; amended to be effective June 30, 2024, 49 TexReg 4587 |
