19 Tex. Admin. Code § 74.28 - Students with Dyslexia and Related Disorders
(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.
(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.
Notes
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