MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education; Appropriations
By: Senator(s) Longwitz
AN ACT TO AMEND SECTIONS 37-173-15, 37-173-19 AND 37-173-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A STUDENT ENROLLED IN A PUBLIC SCHOOL FAILS THE SCREENING FOR DYSLEXIA THE SCHOOL DISTRICT IS REQUIRED TO PERFORM A COMPREHENSIVE DYSLEXIA EVALUATION AT NO COST TO THE STUDENT AND TO PLACE A DIAGNOSED STUDENT IN A DYSLEXIA THERAPY PROGRAM WITH A CERTIFIED DYSLEXIA THERAPIST OR OTHER SUCH QUALIFIED PROFESSIONAL; TO PROVIDE STANDARDS FOR THE ADMINISTRATION OF THE DYSLEXIA SCREENER AND DYSLEXIA THERAPY SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-173-15, Mississippi Code of 1972, is amended as follows:
37-173-15. (1) (a) Each
local school district shall adopt a policy * * * providing that students will
be screened * * * for dyslexia not later than March 1 of their
kindergarten year and * * * not later than March 1 in
Grade 1. * * * The screener tests and
procedures shall be appropriate to the age of the student and the presenting
problems. Screening shall be based on an observation-based checklist, and must
be task-based assessments that will provide measurable specific data in the
following areas:
(i) Phonological awareness and phonemic awareness;
(ii) Sound symbol recognition;
(iii) Alphabet knowledge;
(iv) Decoding skills;
(v) Encoding skills; and
(vi) Rapid naming.
(b) If a transfer student is not screened in Kindergarten or Grade 1, or if a transfer student's cumulative record does not indicate screening, the transferee school district shall screen the student upon entry into the new school, and the screener result shall be included in the student's cumulative record.
(c) The school district shall screen a student at any grade when the student moves from Tier II Dyslexia Supports to Tier III Dyslexia Supports, regardless of the indication in the student's IEP.
(d) The school district shall screen any student who fails the Third Grade literacy-based promotion requirements of Section 37-177-1 et seq. The school district shall also screen students in Grades 4-12 and higher when a student fails reading in the first nine (9) weeks reporting or the first report card.
( * * *2) (a) If a student fails the
screener, the parent or legal guardian will be notified of the results of the
screener. The school district shall schedule follow-up conferences
explaining what the failed screener means. If the screener indicates dyslexia
(with no intervening intellectual disability that would contraindicate
dyslexia), parents shall be informed of evaluation and diagnosis options. One
(1) parent or legal guardian must acknowledge receiving the result and
explanation. The student's cumulative record shall indicate the date of the
conference and that the parent signed or gave verbal confirmation by phone.
Subject to the availability of state funds specifically appropriated therefor
or available federal funding, the school district shall make available to such
parents the services of a certified dyslexia therapist at no cost to the
student, on a first-come/first-served basis. The school district may employ
such certified dyslexia therapist to perform such evaluations or may contract
with the dyslexia therapist on a contract basis for an hourly rate.
(b) * * * Dyslexia evaluations * * * shall be administered by licensed
professionals, including:
(i) Dyslexia therapist who has completed training in a department-approved Orton-Gillingham-based dyslexia therapy training program attaining a AA license in dyslexia therapy or a professional participating in a state-approved dyslexia therapy training program to attain a AA license in dyslexia therapy;
( * * *ii) Psychologists, licensed under
Chapter 31, Title 73, Mississippi Code of 1972;
( * * *iii) Psychometrists, licensed by the
Mississippi Department of Education; or
( * * *iv) Speech-Language
Pathologists, licensed under Chapter 38, Title 73, Mississippi Code of 1972.
(c) * * * If the student is
eligible for the federal free or reduced lunch program, the school district
shall pay for dyslexia evaluation and diagnosis services.
(d) * * * If the school district does
not employ or contract for the services of a certified dyslexia therapist or
other such qualified professional, the school shall provide the parent or legal
guardian a list of certified dyslexia therapists or other such qualified
professionals. Evaluation may be provided by a certified dyslexia therapist or
other such qualified professional via remote technology. If remote evaluation
is appropriate, the school shall provide remote facilitator services at no cost
to the student.
(e) Results of the evaluation shall be placed in the student's cumulative file.
(3) After receiving the diagnosis, subject to the availability of state funds appropriated specifically therefor or available federal funding, the school district shall provide age-appropriate and condition-appropriate dyslexia therapy from a certified dyslexia therapist or graduate of an International Multisensory Structured Language Education Council (IMSLEC) accredited program who is qualified at the therapy level, or a Certified Academic Language Therapist (CALT), on a first-come/first-served basis. The student will receive a therapy plan for providing dyslexia therapy, and the school district shall designate a certified dyslexia therapist or graduate of an International Multisensory Structured Language Education Council (IMSLEC) accredited program who is qualified at the therapy level, or a Certified Academic Language Therapist (CALT), to provide therapy according to an individual student's diagnosis. "Dyslexia therapy," as defined in Section 37-173-1(d), shall be presented in a small group setting, with therapy group size not to exceed six (6) students. The certified dyslexia therapist or qualified professional shall develop a plan of therapy based on the student's needs. The therapy plan shall determine whether a student needs three (3) to five (5) days of therapy, and how many hours of therapy needed. The therapy plan shall include measurable benchmarks for individual student's improvement. The school district shall provide therapy according to the therapy plan determined by the certified dyslexia therapist or qualified professional. The certified dyslexia therapist or qualified professional shall determine when the student's therapy ends.
(4) If a parent or legal guardian of a student who fails the dyslexia screener exercises the option to have a subsequent evaluation performed: (a) such evaluation shall be administered by any of the licensed professionals identified under subsection (2)(b) of this section; (b) the resulting diagnosis of the subsequent evaluation must be accepted by the school district; and (c) the school district shall place the diagnosed student in a dyslexia therapy program within the current school or the parent may receive a Mississippi Dyslexia Therapy Scholarship for placement in a dyslexia program in another public school or nonpublic special purpose school.
( * * *5) The screening of all compulsory-school-age
children enrolled in each local public school district for dyslexia required by
subsection (1)(a) of this section shall in no manner nullify or defeat the
requirements of the pilot programs adopted by the State Department of Education
to test certain students enrolled or enrolling in public schools for dyslexia
under Section 37-23-15.
SECTION 2. Section 37-173-19, Mississippi Code of 1972, is amended as follows:
37-173-19. (1) The department shall publicize information regarding the Mississippi Dyslexia Therapy Scholarship on the department's official website as part of its annual report. This information shall include the number of students who have been evaluated by school district, the results of said evaluations by school district, and the number and progress of students receiving appropriate dyslexia therapy by school district.
(2) Annually, by December 15, report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives the Department of Education's actions with respect to implementing accountability in the scholarship program under this section, any substantiated allegations or violations of law or rule by an eligible nonpublic school under this program concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers' fingerprinting results and the corrective action taken by the Department of Education.
SECTION 3. Section 37-173-25, Mississippi Code of 1972, is amended as follows:
37-173-25. (1) Each school providing instruction to children with dyslexia shall certify to the State Department of Education its student enrollment in the same manner as local school districts.
(2) Each school district shall also certify to the State Department of Education the number of students who have been screened and evaluated as being in need of dyslexia therapy services which are not provided by the school district.
( * * *3) Subject to the availability of
state funds appropriated therefor or available federal funding, the
department shall direct the proportionate share of monies generated under
federal and state categorical aid programs to the participating school for
serving students eligible for the * * * dyslexia therapy services and shall
direct the proportionate share of monies generated under federal and state
dyslexia therapy programs for parents of students in school districts which do
not provide dyslexia therapy services. The state shall ensure that each school
is treated equitably in the calculation and disbursement of all federal and
state categorical aid program dollars. Each school participating in the
scholarship program shall comply with all reporting requirements to receive the
aid.
( * * *4) (a) Each school shall adhere to
generally accepted accounting principles as promulgated by nationally
recognized professional organizations.
(b) Each school shall have its financial records audited annually, at the end of each fiscal year, by the State Auditor and shall file a copy of each audit report and accompanying management letter with the board by July 30.
( * * *5) Nothing in this chapter shall be
construed to prohibit any person or organization from providing funding or
other assistance to the establishment or operation of any school authorized
under this chapter, except religious or sectarian organizations. The State
Board of Education, acting on behalf of the participating schools, is
authorized to accept gifts, donations, and grants of any kind made to a
participating school and to expend or use such gifts, donations, and grants in
accordance with the conditions prescribed by the donor; however, no gift,
donation, or grant may be accepted if subject to a condition that is contrary
to any provision of state law or board rule.
SECTION 4. This act shall take effect and be in force from and after July 1, 2015.