House Bill 1058

AN ACT TO AMEND SECTION 37-23-15, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SELECT THE SCREENING INSTRUMENTS TO BE USED THROUGHOUT THE STATE BY SCHOOL DISTRICTS PARTICIPATING IN DYSLEXIA PILOT PROGRAMS, TO PROHIBIT SCHOOL DISTRICTS FROM USING THE SCREENING INSTRUMENT TO DETERMINE WHETHER OR NOT A STUDENT IS TO BE PROMOTED, TO AUTHORIZE THE DEPARTMENT TO RECEIVE AND EXPEND FUNDS FROM ANY SOURCE FOR THE SUPPORT OF THE PILOT PROGRAMS, TO REQUIRE THE DEPARTMENT TO PRESCRIBE MINIMUM QUALIFICATIONS FOR SCHOOL DISTRICT EMPLOYEES ADMINISTERING SERVICES THROUGH THE PILOT PROGRAMS, AND TO REQUIRE THE DEPARTMENT TO ANNUALLY REPORT ON THE PILOT PROGRAMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-23-15, Mississippi Code of 1972, is amended as follows:

37-23-15. (1) (a) The State Department of Education, in accordance with Sections 37-23-1 through 37-23-75, and any additional authority granted in this chapter, shall adopt pilot programs under which certain students enrolled or enrolling in public schools in this state shall be screened for dyslexia and related disorders as may be necessary. The pilot programs shall provide that upon the request of a parent, student, school nurse, classroom teacher or other school personnel who has reason to believe that a student has a need to be screened for dyslexia, such student shall be reviewed for appropriate services. However, a student shall not be screened for dyslexia whose parent or guardian objects thereto on grounds that such screening conflicts with his conscientiously held religious beliefs. The department shall select the screening assessment instrument or instruments to be used throughout the state in the screening of students in kindergarten through third grade for dyslexia. All school districts participating in the pilot programs must use the screening instrument or instruments selected by the department; however, school districts are prohibited from using any dyslexia screening assessment instrument for the purpose of determining whether or not a student will be promoted to the next grade level.

(b) In accordance with the pilot programs adopted by the State Department of Education, such school boards shall provide remediation in an appropriate multi-sensory, systematic language-based regular education program or programs, as determined by the school district, such as the Texas Scottish Rite Hospital Dyslexia Training Program, pertinent to the child's physical and educational disorders or the sensory area in need of remediation for those students who do not qualify for special education services.

(c) The State Department of Education * * * shall make recommendations to the school boards designated for the pilot programs for the delivery of services to students who are identified as dyslexic.

(d) For the purposes of this section:

(i) "Dyslexia" means a language processing disorder which may be manifested by difficulty processing expressive or receptive, oral or written language despite adequate intelligence, educational exposure and cultural opportunity. Specific manifestations may occur in one or more areas, including difficulty with the alphabet, reading comprehension, writing and spelling.

(ii) "Related disorders" shall include disorders similar to or related to dyslexia such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia and developmental spelling disability.

(e) Local school districts participating in the pilot programs may utilize any source of funds available for the purpose of providing any services under this section.

(f) Nothing in this section shall be construed to require any school district to implement this section unless the local school board, by resolution spread on its minutes, voluntarily agrees to comply with this section and any regulations promulgated under this section. Any local school board may withdraw from participation in the program authorized under this section by providing written notice of its determination to withdraw to the State Department of Education no later than June 1 of the preceding fiscal year.

(2) In addition to those funds that are appropriated by the Legislature, the State Department of Education may receive and expend funds made available to the department from any source, including any federal or other governmental agency, private business, industry, foundation or other organization, for the pilot programs for screening students for dyslexia * * *.

(3) The State Department of Education shall prescribe minimum qualifications for school district employees who administer dyslexia screening services or remediation services to students who are identified as dyslexic through the pilot programs.

(4) The State Department of Education shall establish a reporting system for school districts participating in the pilot programs in order to monitor the effectiveness of the dyslexia screening assessment instrument or instruments selected by the department. Under the program, the department shall require school districts to annually submit data requested by the department which may be utilized to determine whether or not the assessment instruments are accurately identifying students in need of dyslexia remediation services. The department shall prepare an annual report on the effectiveness of the dyslexia screening assessment instruments and the overall effectiveness of the pilot programs, which report must be submitted to the Chairmen of the Education Committees of the Senate and House of Representatives not later than November 1 of each year.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.