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FISCAL NOTE
2023 REGULAR SESSION
Introduced
Senate Bill 433
By Senators Rucker, Hamilton, Oliverio, Stover, Martin, Queen, Barrett, and Chapman
[Introduced January 23, 2023; referred
to the Committee on Education; and then to the Committee on Finance]
A BILL to amend and reenact §18-20-10 of the Code of West Virginia 1931, as amended, relating to dyslexia; and establishing requirements for the state board and the Local Educational Agency (LEAs) to appropriately screen for dyslexia and support students with dyslexia in the school system.
Be it enacted by the Legislature of West Virginia:
(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 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 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 intervention can lessen the impact of the disorder and help the student overcome 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 standards can assure the public that individuals who serve students with specific learning disabilities in public schools are prepared to implement scientifically 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) offer 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 The International Dyslexia Association (IDA) is one 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) 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 DSM-5 the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision (DSM-5-TR) are the appropriate measure 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 definitions of specific learning disability. 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 shall:
(1) Ensuring that all students receive the necessary and appropriate screenings, evaluations and early assessments for specific learning disabilities, including dyslexia and dyscalculia Adopt and make publicly available guidelines for literacy screening and a list of approved literacy screening instruments that efficiently, validly, and reliably assess academic risk in reading for students K-2. These guidelines and screening instruments must be based on contemporary research regarding dyslexia, including IDA recommendations, and should function as adequate predictors of future reading performance.
(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 Provide a standardized literacy screening instrument or instruments that meet the adopted guidelines to each Local Educational Agency (LEA) to assess each K-2 student three times per year, unless the LEA chooses to utilize its own screening instrument or instruments that meet the adopted guidelines.
(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 Adopt and make publicly available guidelines for including dyslexia diagnostic evaluation components in comprehensive assessments for special education and related services. These guidelines shall (A) recommend at least one person on each multidisciplinary evaluation team be knowledgeable about dyslexia and be able to recognize when a dyslexia diagnostic component should be requested in the evaluation process, (B) recommend that a diagnosis of dyslexia be given when the data from the comprehensive evaluation components indicate such a diagnosis is appropriate, (C) include recommendations for how to document a dyslexia diagnosis in an IEP, and (D) include that a Section 504 Plan be considered if a student has a dyslexia diagnosis but does not qualify for special education services.
(4) Adopt and make publicly available a list of approved diagnostic assessment components that can be used to help identify and diagnose dyslexia during comprehensive multidisciplinary evaluations.
(5) Adopt and make publicly available guidelines and a list of resources for intervention practices that are evidence-based, including practices consistent with the Science of Reading and Structured Literacy, and that are explicit, direct, sequential, systematic, and multisensory.
(6) Adopt and make publicly available a list of recommended accommodations and instructional practices to be used with students who exhibit signs of dyslexia or have been diagnosed with dyslexia. These must reflect contemporary research and guidelines of the Science of Reading related to dyslexia. These recommendations must include, but are not limited to, structured literacy approaches that are explicit, direct, sequential, systematic, and multisensory.
(7) Adopt and make publicly available a list of available professional development resources that support evidence-based intervention for struggling readers, including the Science of Reading and Structured Literacy. This list will be made publicly available and include resources endorsed or espoused by technical assistance centers, research organizations, and professional associations that support the Science of Reading and Structured Literacy regarding dyslexia, including the International Dyslexia Association. The WVDE is encouraged to create online training modules that can be used for various levels and roles in education, including a module or modules on the possible signs of dyslexia and how dyslexia can impact all levels of education.
(8) Develop and make publicly available informational materials related to dyslexia for parents and guardians that include information about the multidisciplinary evaluation process. This should be updated regularly.
(9) By the 2024-2025 school year, reimburse the cost of training for at least one certified Reading Specialist in each LEA, or one or more other appropriate professionals designated by relevant LEA leadership, to be properly trained in appropriate interventions, accommodations, and instructional strategies for students with dyslexia or a related disorder. The trained individual(s) shall serve as an advisor and trainer for dyslexia and related disorders for the LEA. The reading specialist(s) or other designated professional(s) shall have an understanding of the definition of dyslexia and a working knowledge of (A) techniques to help a student on the continuum of skills with dyslexia; (B) dyslexia characteristics that may manifest at different ages and severity levels; (C) the basic foundation of the keys to reading, including multisensory, explicit, systematic, and structured literacy instruction; and (D) appropriate interventions, accommodations, and assistive technology supports for students with dyslexia.
(d) The LEA is required to:
(1) Develop a system for parents and guardians to annually receive digital and print informational materials related to dyslexia.
(2) Screen every K-2 student three times a year using a literacy screening instrument or instruments approved by WVDE
(3) Ensure at least one educator at each school is trained to administer, score, and interpret the data from the literacy screening instrument or instruments, and to recognize signs of dyslexia.
(4) Notify parents of the results of these literacy screeners while emphasizing that not all students who perform poorly on these screening instruments have, or will develop, dyslexia. Also, not all students with dyslexia will perform poorly on the screeners.
(5) Provide evidence-based reading intervention to students who exhibit academic risk in future reading performance, including indicators of dyslexia.
(6) Conduct comprehensive assessments to determine eligibility for special education services when a child does not respond or only minimally responds to intervention strategies and/or when there is a suspected disability of dyslexia. If a determination is made through the evaluation process that a student needs assessed for90-urfedyslexia, provide assessment and diagnosis as necessary per WVDE guidelines.
(7) Employ appropriate accommodations and instructional practices recommended by the WVDE based upon the students’ needs. When those needs are related to dyslexia, these accommodations and instructional techniques or strategies must also meet the WVDE-approved guidelines for dyslexia accommodations and instructional practices.
(8) Require all elementary educators, special educators, reading interventionists or specialists, and other personnel determined appropriate by the LEA to annually receive at least one hour of professional development on the possible signs of dyslexia and the related classroom accommodations and instructional practices approved by the WVDE.
(9) Administer a literacy screening instrument or instruments to students in grades 3-5 who transfer from an LEA where literacy screening instruments were not administered. If the literacy screening instrument indicates a deficit in reading, the school will provide intervention according to current policy. If a student does not respond or only minimally responds to intervention, a referral for multidisciplinary evaluation will be made.
(10) If a student in grades 3-12 is reading substantially below grade level according to formal and/or informal assessments, including benchmark assessments, and has never been evaluated for special education, a request can be made by a school, parent, or teacher for the administration of an age- or grade-appropriate WVDE-approved literacy screening instrument or instruments. These points of data can be used to either start intervention and progress monitoring per WVDE guidance, or make a referral for a special education evaluation.
(11) At least one certified Reading Specialist in each LEA, or another appropriate professional designated by relevant LEA leadership, shall be offered the opportunity to be appropriately trained in appropriate interventions, accommodations, and instructional strategies for students with dyslexia or a related disorder. The trained individual(s) shall serve as an advisor and trainer for dyslexia and related disorders for the LEA. The reading specialist(s) or other designated professional(s) shall have an understanding of the definition of dyslexia and a working knowledge of (A) techniques to help a student on the continuum of skills with dyslexia; (B) dyslexia characteristics that may manifest at different ages and levels; (C) the basic foundation of the keys to reading, including multisensory, explicit, systematic, and structured literacy instruction; and (D) appropriate interventions, accommodations, and assistive technology supports for students with dyslexia.
NOTE: The purpose of this bill is to establish requirements for the state board and LEAs to appropriately screen for dyslexia and support students with dyslexia in the school system.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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