MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representative Hood
AN ACT TO REQUIRE THE STATE BOARD OF EDUCATION TO ENSURE THAT DIAGNOSTIC SCREENERS ARE AVAILABLE TO TEST ALL COMPULSORY-SCHOOL-AGE CHILDREN ENROLLED IN EACH PUBIC SCHOOL DISTRICT FOR IRLEN SYNDROME; TO PROVIDE THAT UPON A STUDENT'S DIAGNOSIS OF IRLEN SYNDROME, SCHOOL DISTRICTS AND EDUCATORS PROVIDE REASONABLE ACCOMMODATIONS IN COMPLIANCE WITH THE PROVISONS OF THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990; TO REQUIRE TEACHERS WHO RECOGNIZE SYMPTOMS OF IRLEN SYNDROME IN A STUDENT TO RECOMMEND TO THE PARENTS OR GUARDIAN THAT THE STUDENT BE TESTED FOR IRLEN SYNDROME; TO REQUIRE THE SCREENING TEST TO BE CONDUCTED BY A SCREENER APPROVED BY THE STATE DEPARTMENT OF EDUCATION UPON RECEIPT OF WRITTEN CONSENT FROM THE PARENT OR GUARDIAN OF A STUDENT; TO REQUIRE THE DEPARTMENT TO PROMULGATE RULES AND REGULATIONS ESTABLISHING CRITERIA, STANDARDS AND POLICIES GOVERNING SCREENERS AND SCREENING PROCEDURES; TO PROVIDE THAT UPON A DETERMINATION THAT A STUDENT HAS OR MAY HAVE IRLEN SYNDROME, THE SCREENER MUST ADVISE THE PARENT OR GUARDIAN AND INDICATE WHAT CORRECTIVE MEASURES MAY BE UNDERTAKEN AND IF ADDITIONAL TESTING IS REQUIRED; TO REQUIRE TEACHERS TO USE ACCESSIBLE TEACHING MATERIALS WHEN INSTRUCTING STUDENTS DIAGNOSED WITH IRLEN SYNDROME; TO BRING FORWARD SECTIONS 37-7-342 AND 37-23-13, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this act, the following terms shall have the meanings ascribed in this section, unless the context of use clearly indicates otherwise:
(a) "Irlen Syndrome" includes scotopic sensitivity syndrome and visual disturbance syndrome, which is a condition that causes a variety of distortions on the written page, including:
(i) Sensitivity to florescent lighting and bright white paper;
(ii) Inability to track lines and words on a page;
(iii) Inability to concentrate when reading printed text, or working on a computer;
(iv) Perceiving words, numbers and lines to blur, move become 3-D, and/or fade on the page;
(v) Perceiving white spaces between words as being dominant;
(vi) Perceiving flashes of light and/or colors on the page;
(vii) Difficulty judging distance and spatial relationships; and
(viii) Difficulty reading information from tables, charts, graphs and music sheets.
(b) "Board" means the State Board of Education.
(c) "Department" means the State Department of Education.
(d) "Screener" means an Irlen Syndrome screener who has completed training in a department approved training program attaining the proper license, certification or credentials, and who meets the requirements established in the regulations prescribed by the State Department of Education.
(2) Any other term or expression used in this act that is not defined in this section has the same meaning as may be assigned to it in Chapter 23, Title 37, Mississippi Code of 1972, which provides statutory regulation of matters pertaining to exceptional children.
(3) The State Board of Education must ensure that diagnostic screeners are available to test all compulsory-school-age children enrolled in each pubic school district for Irlen Syndrome, and ensure, upon a student's diagnosis of Irlen Syndrome, that reasonable accommodations are made in compliance with Section 37-7-342 and the provisions of the Federal Americans with Disabilities Act of 1990 (42 USCS Sections 12101-12213 (West Supp. 1991)) as required under Section 37-23-13.
SECTION 2. (1) Each school district shall provide reasonable accommodations to students who have received a diagnosis of Irlen Syndrome in order to maximize the students educational potential and success.
(2) A teacher who recognizes symptoms of Irlen Syndrome in a student must recommend to the parents or guardian of the student that he or she be tested for Irlen Syndrome. Upon receiving written consent from the parent or guardian of a student, that student must be tested by a screener who is approved by the State Department of Education.
(3) The department shall promulgate rules and regulations establishing criteria, standards and policies governing screeners and screening procedures.
(4) If a screener determines that the student may have Irlen Syndrome, the screener must advise the parent or guardian and indicate what corrective measures may be undertaken and if additional testing is required, including the use of assistive aids such as colored transparent overlays or the wearing of glasses or spectacles with tinted lenses obtained through a recognized Irlen assessor or optometrist.
(5) Teachers shall ensure that students having a diagnosis of Irlen Syndrome are provided written material presented in an accessible format. Such accessible teaching materials shall:
(a) Use at least a size eleven (11) font type face, or larger;
(b) Use a clear, sans serif font, such as Arial, without the use of mixed fonts;
(c) Ensure that sections are well spaced;
(d) Use double line spacing, if necessary;
(e) Highlight in bold, rather than italicizing or underlining;
(f) Ensure that sentences and paragraphs are not too lengthy;
(g) Keep lines left justified, with ragged right edge;
(h) Use bullets and numbered points, which are easier to read than continuous prose;
(i) Use wide margins and headings;
(j) Refrain from beginning sentences at the end of a line;
(k) Refrain from issuing photocopies that are faded or disfigured;
(l) Simplify text;
(m) Use flow charts, diagrams and pictograms to illustrate points, but ensure that the page is not overly cluttered;
(n) Ensure that lines and columns are well spaced;
(o) Avoid using bright white paper, and incorporate the use of off white, ecru or creak paper when using overlays; and
(p) Avoid using background graphics on overhead projects or PowerPoint presentations.
SECTION 3. Section 37-7-342, Mississippi Code of 1972, is brought forward as follows:
37-7-342. (1) The Legislature recognizes the necessity of school districts to provide reasonable accommodations to students and licensed employees of a school district who are diagnosed with debilitating illnesses or disabilities, including, but not limited to, diabetes and epilepsy.
(2) The school board of any school district shall authorize the use, in all district facilities and property, of service or assistance dogs which have been specifically trained to alert people of symptoms or conditions resulting from a debilitating illness or disability that threaten their health.
(3) In providing accommodations for students, the parent of a child with such illness or disability, the teacher or teachers of the student and the appropriate school administrator shall meet and develop a written 504 Plan consistent with the provisions of Chapter 23, Title 37, Mississippi Code of 1972, that would permit the use of service dogs in the school facility. Also, in providing accommodations for students, the teacher or teachers of the student and the appropriate school administrator shall develop a plan designed to educate other students of the appropriate behavior in the presence of such dogs, as well as the proper handling of such dogs in the presence of those students who may have an allergic reaction to the dog and the reasonable care to be taken in efforts to prevent contact by students who are allergic with such dogs.
SECTION 4. Section 37-23-13, Mississippi Code of 1972, is brought forward as follows:
37-23-13. (1) The school board of any school district is hereby authorized to comply with the provisions of the Federal Americans with Disabilities Act of 1990 (42 USCS Sections 12101-12213 (West Supp. 1991)) by making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the school board can demonstrate that the accommodation would impose an undue hardship on the operation of the school. The school board of any such school district determining that such accommodation is required and reasonable may, by resolution spread upon its minutes, apply to the State Department of Education for funds to defray the cost of providing qualified reader machines or persons, as determined by the school board to be in the best interest of the individual teacher, for visually-impaired classroom teachers in compliance with said federal law.
(2) The State Department of Education, within the availability of funds appropriated for such purpose, may expend funds for the purpose of defraying the expenses of school districts in providing qualified reader machines or persons, as determined by the school board to be in the best interest of the individual teacher, for visually-impaired classroom teachers under the said Americans with Disabilities Act of 1990, with the approval of the State Board of Education. The department shall, by regulation, prescribe a method and necessary forms for the purpose of school districts' applications for funds as authorized herein.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.