HB 393 — Early Intervention for Dyslexia Amendments

(e) for which difficulties with phonological or morphological processing are common but not universal and early oral language weaknesses often precede later literacy challenges;

(f) that may result in secondary consequences, including difficulties with reading comprehension and reduced reading and writing experience that may impede the development of language, knowledge, written expression, and overall academic achievement and may affect psychological well-being and employment opportunities;

and (g) that is identifiable at any age, although language and literacy support provided before and during the early years of education is particularly effective.

[(5)] (6) "Individualized education program" or "IEP" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

Sec.

1400 et seq.

[(6)] (7) "LEA governing board" means:

(a) for a school district, the local school board;

(b) for a charter school, the charter school governing board;

or - 3 - HB0393 compared with HB0393S02 (c) for the Utah Schools for the Deaf and the Blind, the state board.

[(7)] (8) "Local education agency" or "LEA" means:

(a) a school district;

(b) a charter school;

or (c) the Utah Schools for the Deaf and the Blind.

[(8)] (9) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2, Election of Members of Local Boards of Education.

[(9)] (10) "Minimum School Program" means the same as that term is defined in Section 53F-2-102.

[(10)] (11) "Parent" means a parent or legal guardian.

[(11)] (12) "Public education code" means:

(a) this title;

(b) Title 53F, Public Education System -- Funding;

and (c) Title 53G, Public Education System -- Local Administration.

(13) "School nurse" means a registered nurse:

(a) who holds:

(i) a license under Title 58, Chapter 31b, Nurse Practice Act;

or (ii) a multistate license as that term is defined in Section 58-31e-102;

and (b) whose primary role is the care of a defined group of students enrolled in the public school system.

[(12)] (14) "Section 504 accommodation plan" means a plan developed in accordance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

Sec.

701 et seq., for a student with a disability, to meet the student's educational needs and ensure equitable access to a free appropriate public education.

[(13) "School nurse" means a registered nurse:] [(a) who holds:] [(i) a license under Title 58, Chapter 31b, Nurse Practice Act;

or] [(ii) a multistate license as that term is defined in Section 58-31e-102;

and] [(b) whose primary role is the care of a defined group of students enrolled in the public school system.] [(14)] (15) "State board" means the State Board of Education.

[(15)] (16) "State superintendent" means the state superintendent of public instruction appointed under Section 53E-3-301.

53E-1-201.53E-1-201 (Effective 07/01/26) (Partially Repealed 07/01/27).

- 4 - HB0393 compared with HB0393S02 (1) In accordance with applicable provisions and Section 68-3-14, the following recurring reports are due to the Education Interim Committee:

(h) the report described in Section 53E-3-501 by the state board on students in an LEA who- receive2 academic- creditEnrolled throughCopy theH.B. packet method;

393 who receive academic credit through the packet method;

- 5 - HB0393 compared with HB0393S02 [(o)] (p) the report described in Section 53F-5-215 by the state board related to a grant for an elementary teacher preparation assessment;

(c)- if3 required,- theH.B. report described in Section 53E-4-309 by the state board explaining the reasons for changing the grade level specification for the administration of specific assessments;

393 Enrolled Copy (c) if required, the report described in Section 53E-4-309 by the state board explaining the reasons for changing the grade level specification for the administration of specific assessments;

{(g)(g) upon request, the report described in Section 53F-5-224 by a district or charter school or the state board regarding the Dyslexia Screening Pilot Program;} {[(g){]} {(h)} } upon request, the report described in Section 53F-10-303 by the state board regarding the Rural School Sports Facilities Grant Program;

{[(h){]}(h) {(i)} } upon request, a report described in Section 53G-7-222 by an LEA regarding expenditure of a percentage of state restricted funds to support an innovative education program;

-(i) 6 - HB0393 compared with HB0393S02 {[(i){]} {(j)} } the reports described in Section 53G-11-304 by the state board regarding proposed rules and results related to educator exit surveys;

and {[(j){]}(j) {(k)} } the report described in Section 26B-5-113 by the Office of Substance Use and Mental Health, the state board, and the Department of Health and Human Services regarding recommendations related to Medicaid reimbursement for school-based health services.

(f)- beginning4 July- 1,Enrolled 2028,Copy SectionH.B. 53F-2-510, Digital Teaching and Learning Grant Program;

393 (f) beginning July 1, 2028, Section 53F-2-510, Digital Teaching and Learning Grant Program;

{Section 3.

Section 53E-4-307 is amended to read:

} 53E-4-307.

Benchmark assessments in reading -- Report to parent.

(1) As used in this section:

(a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or ability that has been organized into a hierarchical arrangement leading to higher levels of knowledge, skill, or ability.

(b) (i) "Diagnosis" means a formal determination that an individual has dyslexia based on a comprehensive evaluation conducted by a qualified professional acting within the scope of the professional's license or credentials.

(ii) "Diagnosis" does not mean:

(A) screening;

(B) a recommendation from an educational professional to screen a student for dyslexia;

or - 7 - HB0393 compared with HB0393S02 (C) results from a diagnostic assessment.

[(b)] (c) "Diagnostic assessment" means an assessment that measures key literacy skills, including phonemic awareness, sound-symbol recognition, alphabet knowledge, decoding and encoding skills, and comprehension, to determine a student's specific strengths and weaknesses in a skill area.

[(c) "Dyslexia" means a learning disorder that:] [(i) is neurological in origin and is characterized by difficulties with:] [(A) accurate or fluent word recognition;

and] [(B) poor spelling and decoding abilities;

and] [(ii) typically results from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction.] (d) "Evidence-based" means the same as that term is defined in Section 53G-11-303.

(e) "Evidence-informed" means the same as that term is defined in Section 53G-11-303.

(f) "Screening" means the use of evidence-based measures to identify whether a student may:

(i) be at risk for characteristics of dyslexia;

and (ii) need additional assessment, progress monitoring, and intervention related to dyslexia.

(2) The state board shall approve a benchmark assessment for use statewide by school districts and charter schools to assess the reading competency of students in grades 1 through 6 as provided by this section.

(3) A school district or charter school shall:

(a) administer benchmark assessments to students in grades 1, 2, and 3 at the beginning, middle, and end of the school year using the benchmark assessment approved by the state board;

and (b) after administering a benchmark assessment, report the results to a student's parent.

(4) (a) If a benchmark assessment or supplemental reading assessment indicates a student lacks competency in a reading skill, is demonstrating characteristics of dyslexia, or is lagging behind other students in the student's grade in acquiring a reading skill, the school district or charter school shall:

(i) administer diagnostic assessments to the student;

(ii) using data from the diagnostic assessment, provide specific, focused, and individualized intervention or tutoring to develop the reading skill;

(iii) administer formative assessments and progress monitoring at recommended levels for the benchmark assessment to measure the success of the focused intervention;

- 8 - HB0393 compared with HB0393S02 (iv) inform the student's parent of activities that the parent may engage in with the student to assist the student in improving reading proficiency;

(v) provide information to the parent regarding appropriate interventions available to the student outside of the regular school day that may include tutoring, before and after school programs, or summer school;

and (vi) provide instructional materials that are evidence-informed for core instruction and evidence- based for intervention and supplemental instruction.

(b) Nothing in this section or in Section 53F-4-203 or 53G-11-303 requires a reading software product to demonstrate the statistically significant effect size described in Subsection 53G-11-303(1)(a) in order to be used as an instructional material described in Subsection (4)(a)(vi).

(5) (a) In accordance with Section 53F-4-201 and except as provided in Subsection (5)(b), the state board shall contract with one or more educational technology providers for a benchmark assessment system for reading for students in kindergarten through grade 6.

(b) If revenue is insufficient for the benchmark assessment system for the grades described in Subsection (5)(a), the state board shall first prioritize funding a benchmark assessment for students in kindergarten through grade 3.

(6) A student with dyslexia is only eligible for special education services if the student meets federal eligibility criteria.

(7) (a) A school district or charter school may not discipline, retaliate against, or subject to adverse employment action an educational professional solely for recommending or referring a student for dyslexia screening, consistent with:

(i) the Individuals with Disabilities Education Act, 20 U.S.C.

Section 1400 et seq.;

or (ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

Sec.

701 et seq.

(b) An educational professional's recommendation that a student receive dyslexia screening does not constitute a diagnosis of dyslexia.

Section 253F-5-224 is enacted to read:

53F-5-224.53F-5-224 (Effective 07/01/26).

(a) {"Diagnosis} "Dyslexia" means the same as that term is defined in Section 53E-4-307.

- 9 - HB0393 compared with HB0393S02 (b) "Program" means the Dyslexia Screening Pilot Program created in Subsection (2).

(c){(d)}(d) "Screening" means the {same as that term is defined in Section 53E-4-307.} use of evidence-evidence-based based measures to identify whether a student may:

{and} (b) provide dyslexia intervention to one rural elementary school and one urban elementary school;

and (b){(d)}(d) create a dyslexia screener at the University of Utah Education Policy Center and the University of Utah College of Education.

(c) select one rural elementary school and one urban elementary school participating in the- program5 to- receiveH.B. dyslexia intervention;

393 Enrolled Copy the program to receive dyslexia intervention;

(c){(e)}(e) identify and maintain an approved list of dyslexia screeners, including the screener developed under Subsection (5), that, in identifying risks for dyslexia and informing instructional decision-decision-making, making, demonstrate evidence of validity and reliability;

{and} (f) report annually to the Education Interim Committee detailing:

and (d){(g)}(g) publish on the state board's website a webpage that:

- 10 - HB0393 compared with HB0393S02 (i) provides a list of dyslexia screeners the state board approves district and charter schools to use for the program;

{(4)(4) } {(a) {To participate in the program, a district or charter school shall submit an application to the state board.} } (b){(4)} To participate in the program, a district or charter school shall:

{(i)(a) {allocate funds from the district or charter school's budget to:} } (A){(a)} {pay for } submit an application to the state boardboard; {approved dyslexia screener the district or charter school selects;

and}(b) ;use the free dyslexia screener the University of Utah Education Policy Center and University of Utah College of Education develops in accordance with Subsection (5)(a);

{(B) {pay other costs incurred under the program;

or} } (ii){(b)} use the free dyslexia screener the University of Utah Education Policy Center and University of Utah College of Education develops in accordance with {Subsection (5)(a).} Subsection(5)(a);

(ii)- uses6 scientifically- sound,Enrolled evidence-basedCopy measures;H.B.

393 (ii) uses scientifically sound, evidence-based measures;

- 11 - HB0393 compared with HB0393S02 (A) instruction;

(e){(h)}(h) use the reports the state board requires under Subsection {(8)(b) } (9)(b) to annually evaluate the- program;7 - H.B.

and393 (f){(i)}Enrolled provideCopy professionalthe learningprogram; for educators on:

-and 12 - HB0393 compared with HB0393S02 (i) recognizingprovide earlyprofessional indicatorslearning andfor characteristicseducators ofon: dyslexia;

(i) recognizing early indicators and characteristics of dyslexia;

(6){(7)}(7)(a) (a) A district or charter school shall use the state board approved list described in Subsection {(3)(c) } (3)(e) when screening a student for dyslexia.

(7){(8)}(8) Beginning July 1, 2027, a school district or charter school participating in the program:

and (ii) is in kindergarten, first grade, or was not tested in kindergarten or first grade and is demonstrating characteristics of dyslexia in second or third grade;andgrade; (b) shall provide additional screening to a student in kindergarten or first grade when {screening data, } teacher observation{, } or parent concern{, } indicates characteristics of dyslexia{;

and}and .(b) shall provide additional screening to a student in kindergarten or first grade when teacher observation or parent concern indicates characteristics of dyslexia.

{(c)(9) {may refer a student to a state board approved dyslexia screener for dyslexia screening.} } (8){(9)} In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to:

(c){(d)}(d) in accordance with Subsection (7)(a), enforce required dyslexia screening under the program;

(d){(e)}- create8 a- processEnrolled forCopy reviewingH.B. and criteria for approving dyslexia screeners;

(e){(f)}393 identify(e) thecreate intervalsa process for administeringreviewing theand criteria for approving dyslexia screener;screeners;

and(f) -identify 13 - HB0393 compared with HB0393S02 (f){(g)} maintain accessibility for the screenerintervals for districtadministering andthe charterdyslexia schools.screener;

(9){(10)}and {Upon(g) requestmaintain ofaccessibility for the Educationscreener Interimfor Committee, a } A district orand charter schoolschools. that participates in the pilot program or the state board shall report annually to the Education Interim Committee on the program's progress and outcomes.

(10) A district or charter school that participates in the pilot program or the state board shall report annually to the Education Interim Committee on the program's progress and outcomes.

63I-1-253.63I-1-253 (Effective 07/01/26).

- 14 - HB0393 compared with HB0393S02 (14) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is repealed July 1, 2027.

(15)- Subsection9 53E-3-503(6),- regardingH.B. coordinating councils for youth in care, is repealed July 1, 2027.

393 Enrolled Copy (15) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is repealed July 1, 2027.

- 15 - HB0393 compared with HB0393S02 [(32)] (33) Subsection 53H-4-210(6), regarding the quorum requirements of the SafeUT and School- Safety10 Commission,- isEnrolled repealedCopy JanuaryH.B. 1, 2030.

393 School Safety Commission, is repealed January 1, 2030.

- 16 - HB0393 compared with HB0393S02 [(50)] (51) Title 53H, Chapter 10, Part 4, Education Savings Incentive Program, is repealed July- 1,11 2028.- H.B.

Section393 .Enrolled Copy July 1, 2028.

Section 4.

ITEMTEM 1 To State Board of Education - Contracted Initiatives and Grants From Public Education Economic Stabilization Restricted Account, One-time 3,500,000 Schedule of Programs:

- 17 - HB0393 compared with HB0393S02 Section 5.

Effective date.

2-25-26 5:08 PM - 1812 -