August-September 2023 Committee on Instruction Item 3

Discussion of Adjustments to the Dyslexia Handbook to Align with Requirements of House Bill 3928

August 31, 2023

COMMITTEE ON INSTRUCTION: DISCUSSION
STATE BOARD OF EDUCATION: NO ACTION

SUMMARY: House Bill (HB) 3928, passed by the 88th Texas Legislature, Regular Session, requires the State Board of Education not later than June 30, 2024, to revise the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook), to conform with requirements of HB 3928. This item provides the opportunity for the committee to discuss updates to the Dyslexia Handbook necessary to address requirements of HB 3928.

STATUTORY AUTHORITY: Texas Education Code (TEC), §7.102(c)(28) and §38.003, as amended by HB 3928.

TEC, §7.102(c)(28) requires the State Board of Education to approve a program for testing students for dyslexia and related disorders and prohibits the program from including a distinction between standard

protocol dyslexia instruction and other types of direct dyslexia instruction, including specially designed instruction.

TEC, §38.003, requires students enrolling in public schools in Texas to be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education. This section also requires the board of trustees of each school district, in accordance with the program approved by the State Board of Education, to provide for the treatment of any student determined to have dyslexia or a related disorder; and adopt and implement a policy requiring the district to comply with all rules and standards adopted by the State Board of Education to implement the program.

The full text of statutory citations can be found in the statutory authority section of this agenda.

FUTURE ACTION EXPECTED: Proposed amendments to §74.28 including updates to the Dyslexia Handbook will be presented for action at a future SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: 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 required that the program include screening at the end of the school year for all students in Kindergarten and Grade 1. An amendment to §74.28 to align the rule with HB 1886 was approved for second reading and final adoption at the June 2018 SBOE meeting with an effective date of August 27, 2018.

Section 74.28 was amended effective March 13, 2019, to adopt the Dyslexia Handbook in rule as Figure: 19 TAC §74.28(c).

The section was amended again effective December 25, 2019, to require school districts and open-enrollment charter schools to report to the Texas Education Agency (TEA) through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the results of screening for dyslexia and related disorders required at the end of the school year for each student in Kindergarten and each student in Grade 1 in accordance with TEC, §38.003(a). The section was also amended effective February 10, 2022, to update the Dyslexia Handbook to clarify requirements related to student evaluation and dyslexia screening for students in Kindergarten and Grade 1.

House Bill (HB) 3928 requires the State Board of Education not later than June 30, 2024, to revise the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, to conform with requirements of HB 3928 including ensuring there is not a distinction between standard protocol dyslexia instruction and other types of direct dyslexia instruction, including specially designed instruction.

This item provides the committee with the opportunity to discuss potential updates to the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders to address requirements of HB 3928.

Staff Members Responsible:
Kristen McGuire, Senior Director, Special Populations Programs and Policy
Monica Martinez, Associate Commissioner, Standards and Programs