House Bill 1037

AN ACT TO CREATE NEW SECTION 37-173-16, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO PROVIDE ADDITIONAL DYSLEXIA SCREENINGS AND COMPREHENSIVE PSYCHO-EDUCATIONAL EVALUATIONS FOR STUDENTS AT ANY TIME THE STUDENT IS ENROLLED IN PUBLIC SCHOOL AT ANY TIME DEEMED NECESSARY BASED ON RECOMMENDATIONS OF A TEACHER OR UPON THE REQUEST OF A PARENT OR LEGAL GUARDIAN UPON OBSERVING A SUBSTANTIAL DEFICIENCY IN A STUDENT'S ABILITY TO MAINTAIN ADEQUATE ACADEMIC PERFORMANCE DUE TO THE STUDENT'S EXPERIENCING DYSLEXIA-LIKE SYMPTOMS; TO REQUIRE SCHOOL DISTRICTS TO PERFORM A COMPREHENSIVE PSYCHO-EDUCATIONAL EVALUATION OF A STUDENT WHO FAILS THE DYSLEXIA SCREENER; TO PROVIDE THAT THE COSTS ASSOCIATED WITH SUBSEQUENT DYSLEXIA SCREENING AND COMPREHENSIVE PSYCHO-EDUCATIONAL EVALUATION SHALL BE PAID FOR BY THE SCHOOL DISTRICT OF THE STUDENT'S ENROLLMENT AND ATTENDANCE; TO AMEND SECTION 37-173-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 37-173-1, MISSISSIPPI CODE OF 1972, TO INCLUDE ADDITIONAL TERMS AND DEFINITIONS IN THE PROVISIONS OF THE DYSLEXIA THERAPY SCHOLARSHIP FOR STUDENTS WITH DYSLEXIA; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 37-173-16, Mississippi Code of 1972:

37-173-16. (1) Each local school district shall adopt a policy to ensure that students enrolled in kindergarten or Grade 1 who fail the dyslexia screener required under Section 37-173-15, and students enrolled in subsequent grades who demonstrate factors commonly associated with dyslexia and related disorders, as evidenced by the observation of a classroom teacher, parent or legal guardian, will be provided a comprehensive psycho-educational evaluation to be administered by a dyslexia diagnostician with additional training in the diagnosis of dyslexia or any licensed professional authorized under Section 37-173-15(1)(b). Dyslexia is evident when the diagnostician identifies a pattern of performance which is consistent with the definition of dyslexia prescribed under Section 37-173-1.

(2) When a student in Grade 2 or higher demonstrates

a deficiency in the ability to maintain adequate academic performance due to the student's experiencing dyslexia-like symptoms, as evidenced by the observation of a classroom teacher, parent or legal guardian, the student shall be screened in accordance with Section 37-173-15 and through the early literacy and numeracy screening required under Section 37-23-16. If the student fails the screenings, the parent or legal guardian of the student shall be notified of the failure and that the child is in need of intervention. The appropriate time for students described in the subsections to be screened shall depend upon multiple factors including:

(a) The student's reading performance;

(b) The student's difficulties in reading;

(d) Input from the student's teacher(s) and parents or legal guardians.

(3) (a) The Multi-Tiered System of Supports (MTSS), established in accordance with Section 37-173-9(2), shall be used to address the needs of the student and shall initiate the right of the parent, legal guardian or school personnel, in their discretion, to request a comprehensive psycho-educational evaluation of the student pending the results of the scientifically research-based intervention provided under the MTSS. The use of the intervention shall not delay or deny the administration of a comprehensive psycho-educational evaluation when the purpose of intervention is revealed through teacher or parent observations. If the MTSS intervention indicates the possibility of dyslexia, the student shall receive a comprehensive psycho-educational evaluation upon the request of the student's parent, legal guardian or school personnel performed by a dyslexia diagnostician with additional training in the diagnosis of dyslexia.

(b) When a parent or legal guardian requests a comprehensive psycho-educational evaluation be administered, the school district shall cause a dyslexia diagnostician with additional training in the diagnosis of dyslexia or other licensed professional to administer the evaluation in compliance with Section 37-173-15. Upon completion of the evaluation the school district shall review the student's data history, evaluation results and diagnostician's diagnosis to determine whether the student has dyslexia and qualifies under the Individuals with Disabilities Education Act (IDEA) to receive services and funding under the provisions of the IDEA before proceeding to the development of a 504 Plan for each dyslexic student eligible for educational services, equipment or both under Chapter 23, Title 37, Mississippi Code of 1972.

(c) If the school district determines the student does not have dyslexia for purposes of IDEA or the development of a 504 Plan, the parent or legal guardian shall be notified of the districts determination, the parent or legal guardian may exercise the option to have a subsequent independent comprehensive psycho-educational evaluation performed, administered by a dyslexia diagnostician with additional training in the diagnosis of dyslexia or any licensed professional authorized under Section 37-173-15(1)(b), the cost of such evaluation to be paid by the local school district of the student's enrollment and attendance. The resulting diagnosis of the subsequent comprehensive psycho-educational evaluation must be accepted by the school district for purposes of determining eligibility for placement within a dyslexia therapy program within the current school to receive direct intervention or to receive a Mississippi Dyslexia Therapy Scholarship for placement in a dyslexia program in another public school or nonpublic special purpose school.

SECTION 2. 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 to ensure that students will be screened in the spring of kindergarten and the fall of Grade 1. The component of the screening must include:

(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 student fails the screener, the parent or legal guardian will be notified of the results of the screener. Subsequent comprehensive * * *~~dyslexia~~ psycho-educational evaluations, as authorized under Section 37-173-16, may be administered by dyslexia diagnosticians with additional training in the diagnosis of dyslexia and other licensed professionals, including:

(i) Psychologists, licensed under Chapter 31, Title 73, Mississippi Code of 1972;

(ii) Psychometrists, licensed by the Mississippi Department of Education, and in accordance with Chapter 31, Title 73, Section 27, Mississippi Code of 1972; or

(iii) Speech Language Pathologists, licensed under Chapter 38, Title 73, Mississippi Code of 1972.

(c) If a student fails the screener, the school district, * * *~~in its discretion, may~~ shall perform a comprehensive * * *~~dyslexia~~ psycho-educational evaluation, such evaluation must be administered by a dyslexia diagnostician or any of the licensed professionals identified under paragraph (b) of this subsection, in addition to providing students with the intervention required under the Multi-Tiered System of Supports (MTSS).

(d) If a parent or legal guardian of a student who fails the dyslexia screener exercises the option to have a subsequent independent evaluation performed, such evaluation shall be administered by a dyslexia diagnostician or any of the licensed professionals identified under paragraph (b) of this subsection, the cost of which shall be paid by the local district of the student's enrollment and attendance, and the resulting diagnosis of the subsequent evaluation must be accepted by the school district for purposes of determining eligibility for placement within a dyslexia therapy program within the current school or to receive a Mississippi Dyslexia Therapy Scholarship for placement in a dyslexia program in another public school or nonpublic special purpose school.

(2) 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 3. Section 37-173-1, Mississippi Code of 1972, is amended as follows:

37-173-1. As used in this chapter, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Board" means the State Board of Education.

(b) "Department" means the State Department of Education.

(c) "Dyslexia" means a specific learning disability that is neurological in origin, characterized by difficulties with accurate and/or fluent word recognition and poor spelling and decoding abilities, which typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive and verbally communicated language abilities and the provision of effective classroom instruction, and secondary consequences which may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(d) "Dyslexia therapy" means an appropriate specialized dyslexia instructional program that is delivered by a Mississippi Department of Education licensed dyslexia therapist which is scientific, research-based, Orton-Gillingham based, and is offered in a small group setting to teach students the components of reading instruction which include:

(i) Phonemic awareness to enable students to detect, segment, blend and manipulate sounds in spoken language;

(ii) Graphophonemic knowledge (phonics) for teaching the letter-sound plan of English;

(iii) The entire structure of the English language that encompasses morphology, semantics, syntax and pragmatics;

(iv) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning; and

(v) Strategies that students use for decoding, encoding, word recognition, fluency and comprehension.

These components shall be taught using instructional approaches that include explicit, direct instruction which is systematic, sequential and cumulative, following a logical plan of presenting the alphabetic principle commensurate with the students' needs, with no assumption of prior skills or language knowledge; individualized to meet the specific learning needs of each individual student in a small group setting; intensive, highly concentrated instruction that maximizes student engagement and uses specialized methods and materials; meaning-based instruction directed toward purposeful reading and writing, with an emphasis on comprehension and composition; and multisensory instruction that incorporates the simultaneous use of two (2) or more sensory pathways during teacher presentations and student practice.

(e) "Dyslexia therapist" means a professional 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.

(f) "Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program" means a scholarship to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school of choice, for students in Grade 1 through Grade 6 diagnosed with dyslexia in order to receive comprehensive multisensory dyslexia therapy delivered by holders of an appropriate license in dyslexia therapy issued by the department.

(g) "School" means any public or state accredited nonpublic special purpose school that provides a specific learning environment that provides comprehensive dyslexia therapy instruction delivered by dyslexia therapists licensed by the department providing highly qualified education and intervention services to children diagnosed with the primary learning disability of dyslexia.

(h) "Psycho-Educational Evaluation" means the administration and interpretation of both standardized, norm-referenced instruments as well as informal measures which assist in determining if a student has dyslexia, which includes, but is not limited to, the following information:

(i) Family history;

(ii) Health history;

(iii) Academic history;

(iv) Standardized measures of verbal and nonverbal cognitive ability;

(v) Measures of phonological awareness;

(vi) Phonological memory;

(vii) Rapid naming;

(viii) Measures of individual academic achievement;

(ix) Measures of reading rate, accuracy, fluency and comprehension; and

(x) Measure of receptive and expressive language ability.

(i) "Licensed diagnostician with additional training in the diagnosis of dyslexia" means an individual who is qualified to diagnose dyslexia including those licensed as speech-language pathologists, school psychometrists and psychologists who have received a minimum of three (3) additional clock hours of training specific to the diagnosis of dyslexia, which such training may be provided by speech-language pathologists, school psychometrists or psychologists who hold, at a minimum, a master's degree in dyslexia therapy, and may be delivered via on-line class, video instruction or face to face instruction.

SECTION 4. This act shall take effect and be in force from and after July 1, 2017.