2023 REGULAR SESSION

Introduced

House Bill 3293

By Delegates Statler, Ellington, Toney, Crouse, and Clark

[Introduced February 03, 2023; Referred to the Committee on Education]

A BILL to amend and reenact §18-20-10 of the Code of West Virginia, 1931, as amended, relating generally to identifying and educating exceptional children exhibiting indicators or diagnosed with dyslexia or dyscalculia; and establishing requirements for the state educational agency and local educational agencies to identify and support students with dyslexia or dyscalculia indicators or diagnosis in the public school system.

Be it enacted by the Legislature of West Virginia:

Article 20. Education of exceptional children.

§18-20-10. Dyslexia and dyscalculia defined; responsibilities of the state educational and local educational agencies.

(a) The Legislature finds as follows:

(1) Reading difficulties are the most common cause of academic failure and underachievement;

(2) There are many students who demonstrate significant weaknesses with reading, writing and mathematics in literacy and numeracy that are the root causes of influenced by specific learning disabilities, including dyslexia, dyscalculia and related learning difficulties. Of those who are referred to special education services in public schools, the majority are referred because of problems with weaknesses in the areas of language, reading, writing, or a combination of each;

(3) Teaching reading effectively, especially to students experiencing difficulty, requires considerable knowledge and skill. Informed and effective classroom instruction, especially in the early grades, can prevent and relieve the severity of language difficulties, and significantly improve literacy development;

(4) For those students with specific learning disabilities, including dyslexia and dyscalculia, who need specialized instruction, competent appropriate intervention can lessen mitigate the impact of the disorder and help the student overcome assist students in overcoming the most debilitating symptoms;

(5) While programs for specific learning disabilities, including dyslexia and dyscalculia, that certify or support teachers, clinicians or specialists differ in their preparation methodologies, teaching approaches and organizational purposes, they should ascribe to a common set of professional standards for the benefit of the students they serve. Compliance with such consistent standards can assure the public that individuals who serve students with specific learning disabilities in public schools are prepared to implement scientifically evidence-based and clinically proven practices;

(6) The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), and the federal Individuals with Disabilities Education and Improvement Act of 2004 (IDEA) The International Dyslexia Association (IDA) is an association that offers widely-adopted and consistent standards to guide the preparation, certification and professional development for teachers of reading and related literacy skills in classroom, remedial, and clinical settings; and

(7) Effective literacy instruction:

(A) Is consistent with the science of reading;

(B) Emphasizes the five areas of phonemic awareness, phonics, fluency, vocabulary, and comprehension; and

(C) Incorporates elements of written language, including spelling, handwriting, and written expression.

(8) Problems with a student's acquisition of literacy skills are best addressed using interventions based on approaches consistent with the science of reading including, but not limited to, structured literacy; and

(7) (9) The basis of ascribing to common standards to benefit students with specific learning disabilities, including dyslexia and dyscalculia, requires recognizing common characteristics of the disabilities. The Legislature finds that the definitions of dyslexia and dyscalculia prescribed by IDEA and the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR) DSM-5 are the appropriate measures for recognizing characteristics of dyslexia and dyscalculia in students.

(b) The Legislature recognizes the following regarding dyslexia and dyscalculia:

(1) Dyslexia and dyscalculia are conditions that may be considered under the specific learning disability category, and their definitions are consistent with IDEA and state board policy. State board policy provides that "specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia;

(2) Dyslexia is an alternative term used to refer to a pattern of learning difficulties characterized by problems with accurate or fluent word recognition, poor decoding, and poor spelling abilities. If dyslexia is used to specify this particular pattern of difficulties, it is important also to specify any additional difficulties that are present, such as difficulties with reading comprehension or math reasoning; and

(3) Dyscalculia is an alternative term used to refer to a pattern of learning difficulties characterized by problems processing numerical information, learning arithmetic facts, and performing accurate or fluent calculations. If dyscalculia is used to specify this particular pattern of mathematic difficulties, it is important also to specify any additional difficulties that are present, such as difficulties with math reasoning or word reasoning accuracy.

(c) The state board is responsible for the following:

(1) Ensuring that all students receive the necessary and appropriate screenings, evaluations and early assessments for specific learning disabilities, including dyslexia and dyscalculia;

(2) Ensuring that any Individualized Education Program regarding specific learning disabilities, including dyslexia or dyscalculia, which is developed or implemented, is consistent with the provisions of this section; and

(3) Providing ongoing information and education to parents regarding specific learning disabilities, including dyslexia and dyscalculia, and the services available to students with such disabilities

(c) The state educational agency shall:

(1) Develop guidance addressing specific learning disabilities, including dyslexia and dyscalculia, which contain information related to the following:

(A) Appropriate literacy and numeracy screening tools for identifying students who are at risk for academic difficulty in reading and/or mathematics, including dyslexia and dyscalculia, and who require tiered intervention;

(B) Appropriate diagnostic assessment components that can be used to help identify and diagnose dyslexia, dyscalculia, and/or other specific learning disabilities;

(C) Appropriate evidence-based instruction and intervention strategies for students who are at risk for academic difficulty in reading and/or mathematics, including students who exhibit possible indicators of risk for dyslexia and/or dyscalculia;

(D) Appropriate accommodations for students who exhibit possible indicators of risk for, or who have been diagnosed with, dyslexia, dyscalculia, and/or other specific learning disabilities;

(E) Connecting a multi-tiered system of support framework to specific learning disability identification; and

(F) The use of the terms "dyslexia" and "Dyscalculia" in Individualized Education Programs, and in evaluation reports by professionals qualified to render these diagnosis.

(2) Explore options to assist any local educational agency with acquiring approved literacy and/or numeracy screening tools: Provided, That the local educational agency is unable to acquire its own literacy and/or numeracy screening tools that are consistent with state educational agency recommendations.

(d) Each local educational agency, including public charter schools, shall:

(1) Develop and implement a system or method for parents and guardians to receive or access information related to dyslexia and dyscalculia, at least annually;

(2) Ensure that the universal literacy and numeracy screening tools and/or benchmark assessments used within the local educational agency's multitiered system of support adequately detect risk status for academic difficulty in reading and/or mathematics, including potential indicators for dyslexia and dyscalculia;

(3) Ensure appropriate local school personnel are adequately trained to administer, score, and interpret the literacy and numeracy screening tools and/or benchmark assessments;

(4) Provide targeted and/or intensive evidence-based interventions through a multitiered system of support framework for any student identified by the screening tools and/or benchmark assessments as being at risk for academic difficulty in reading and/or mathematics, including dyslexia and/or dyscalculia;

(5) Collect data at reasonable intervals to determine whether students receiving evidence-based intervention are making sufficient growth to remediate issues identified during screening;

(6) Request consent for and conduct a comprehensive multidisciplinary evaluation to determine eligibility for special education services when a student does not respond or minimally responds to intervention strategies and/or when there is a suspected disability of dyslexia or dyscalculia, provide assessment and diagnosis as appropriate by a qualified professional;

(7) Provide each student identified as having dyslexia and/or dyscalculia, and who meets the eligibility requirements for special education and related services as a student with a specific learning disability, appropriate intervention strategies, and accommodations consistent with state educational agency guidance through the student's Individualized Education Program;

(8) Consider providing reasonable and appropriate accommodations through a Section 504 plan for eligible students with a diagnosis of dyslexia, dyscalculia, or another specific learning disability, but who do not otherwise qualify for special education and related services; and

(9) Require all personnel determined appropriate by the local educational agency to annually receive professional development relating to the possible indicators of risk for dyslexia and dyscalculia, and related classroom accommodations and instructional practices for educating students who exhibit possible indicators of risk for, or who have been diagnosed with, dyslexia, dyscalculia, and/or other specific learning disabilities. The duration of the professional development shall not be less than 60 minutes. Local educational agencies and/or the state educational agency may create one or more modules to satisfy the requirements of this subdivision.

NOTE: The purpose of this bill is to establish requirements for the state educational agency and local educational agencies to support students in the public school system who exhibit indicators of risk for, or who have been diagnosed with, dyslexia and dyscalculia.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.