SB 398 — DYSLEXIC STUDENT EARLY INTERVENTIONS

SENATE BILL 398 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Mimi Stewart Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

REQUIRING EARLY SCREENING AND h INTERVENTION FOR STUDENTS DISPLAYING CHARACTERISTICS OF g o DYSLEXIA.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 22-13-6 NMSA 1978 (being Laws 1972, e u g e b l e e h Chapter 95, Section 2, as amended) is amended to read:

n d d i = = o h "22-13-6.

SPECIAL EDUCATION--DEFINITIONS.--As used in the l ] b ,d i a º e Public School Code:

r i = r t e w d m a n o A.

"special education" means the provision of dservices madditional :to, supplementary to or different from those provided in the regular school program by a systematic modification and adaptation of instructional techniques, materials and equipment to meet the needs of exceptional children;

b e d s º o t n = .212718.2 s k m e e a n e d r e l u [ A d services additional to, supplementary to or different from those provided in the regular school program by a systematic modification and adaptation of instructional techniques, materials and equipment to meet the needs of exceptional children;

"gifted child" means a school-age person who is determined to be gifted pursuant to Section 22-13-6.1 NMSA SB 398 Page 1 1978 and standards adopted by the department pursuant to that section.

Nothing in this section shall preclude a school h district or charter school from offering additional gifted u » r programs for students who fail to meet the eligibility t h g e l i criteria;

however, the state shall only provide state funds for h r i s department-approved gifted programs for those students who meet h , e h the established criteria;

t u g e b l e e , gh E.

"dyslexia" means a [conditionspecific oflearning neurologicaldisability ]that nis dneurobiological din iorigin =and =that ois hcharacterized specificby learningdifficulty disabilitywith thataccurate isor neurobiologicalfluent inword originrecognition land ]by bpoor ,dspelling iand decoding abilities, which characteristics typically result from a ºdeficit rin andthe phonological component of language that is characterizedoften byunexpected difficultyin withrelation accurateto orother fluentcognitive eabilities rand =the tprovision eof weffective dclassroom minstruction aand nmay oresult wordin recognitionproblems in reading comprehension and byreduced poorreading spellingexperience andthat decodingmay abilities,impede dthe mgrowth :of vocabulary and background knowledge;

b r e t º o t n = .212718.2 s k m e - 2 - e a n e d r e l u [ A d which characteristics typically result 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 and may result in problems in reading comprehension and reduced reading experience that may impede the growth of vocabulary and background knowledge;

"student assistance team" means a school-based group whose purpose, based on procedures and guidelines established by the department, is to provide additional SB 398 Page 2 educational support to students who are experiencing difficulties that are preventing them from benefiting from h general instruction." u » r SECTION 2.

Section 22-13-32 NMSA 1978 (being Laws 2010, t h g e l i Chapter 59, Section 2) is amended to read:

h r i s "22-13-32.

INTERVENTION FOR STUDENTS DISPLAYING h , e h CHARACTERISTICS OF DYSLEXIA.-- t u g e b l e e , gh A.

HECº SflºSECºAll Within the course of the 20202019-2020 n d d i = = o h and 20212020-2021 school years and in each subsequent school year, lall ]first bgrade ,dstudents ishall abe ºscreened rfor all»SECdyslexia. Within the course of the 2020-2021 and 2021-2022 school e r = t e w d m a n o years and in each subsequent school year, all»Sfl»HEC d m :

bB. r e t º o t n = .212718.2 s k m e - 3 - e a n e d r e l u [ A d HECºWithin the course of the 2019-2020 and 2020-2021 school years and in each subsequent school year, all»HEC first grade students shall be screened for dyslexia.

[A.]A B.student whose dyslexia screening demonstrates characteristics of dyslexia and who is having difficulty learning to read, write, spell, understand spoken language or express thoughts clearly shall receive appropriate classroom interventions or be referred to a student assistance team.

AC. student [who, despite effective classroom instruction in general education as provided by department standards] whose dyslexia screening demonstrates characteristics of dyslexia and who is having difficulty learning to read, write, spell, understand spoken language or express thoughts clearly shall receive appropriate classroom interventions or be referred to a student assistance team.

[B.]In C.accordance with department response to intervention procedures, guidelines and policies, each school district or charter school shall provide timely, appropriate, systematic, scientific, evidence-based interventions prescribed by the student assistance team, with progress monitoring to determine the student's response or lack of response.

InD. accordance with department response to intervention procedures, guidelines and policies, each school district or charter school shall provide timely, appropriate, systematic, scientific, [research-based ] evidence-based interventions prescribed by the student assistance team, with progress monitoring to determine the student's response or lack h of response [for a student in the secondary tier of response to u » r intervention who meets the criteria in Subsection A of this t h g e l i section prior to referring the student for a special education h r i s evaluation SPACº]»SPAC.

hA ,parent eof ha SPACºC.student referred to a student assistance team shall be informed of the parent's right to request an initial special education evaluation at any time SB 398 Page 3 during the school district's or charter school's implementation of the interventions prescribed by the student assistance team.

AIf parent of a student referred to a student t u g e b l e e , gh assistance team shall be informed of the parent's right to n d d i = = o h request an initial special education evaluation at any time l ] b ,d i a º r during the school district'sdistrict or charter school'sschool implementationagrees ethat rthe =student tmay ehave w d m a ndisability, othe ofstudent theassistance interventionsteam prescribedshall byrefer the studentchild assistancefor team.an evaluation.

d m :

b r e t º o t n = .212718.2 s k m e - 4 - e a n e d r e l u [ A d If the school district or charter school agrees that the student may have a disability, the student assistance team shall refer the child for an evaluation.

If the school district or charter school refuses the parent's request for an initial evaluation, the school district or charter school shall provide written notice of the refusal to the parent, including notice of the parent's right to challenge the school district's or charter school's decision as provided in state and federal law and rules].»SPACrules. SPACºD.

AE. parent of a student referred to a student assistance team shall be informed of the parent's right to request an initial special education evaluation at any time during the school district's or charter school's implementation of the interventions prescribed by the student assistance team.

hWithin Ifthe course of the 2019-2020 and 2020-2021 school years, every school district orand charter school agreesshall develop and implement a literacy professional development plan that theincludes ua »detailed rframework tfor hstructured studentliteracy maytraining haveby a disability,licensed theand studentaccredited assistanceor teamcredentialed gteacher epreparation lprovider ifor shallall referelementary theschool childteachers and for antraining evaluation.in evidence-based reading intervention for reading interventionists and special education teachers working with students demonstrating characteristics of dyslexia or diagnosed with dyslexia.

The studentplan shall becontinue hto rbe iimplemented seach evaluatedschool withinyear sixtyand daysmay ofbe receivingupdated theas parentalnecessary. consent h , e h t u g for an initial evaluation.

IfThe thedepartment schoolshall districtprovide orSB charter398 ePage b4 llists eof erecommended ,teacher ghprofessional schooldevelopment refusesmaterials theand parent'sopportunities request for anteachers initialand evaluation, n d d i = = o h l ] b ,d the school districtadministrators orregarding charterevidence-based schoolreading shallinstruction providefor writtenstudents iat arisk ºfor rreading efailure rand =displaying notice of the refusalcharacteristics to the parent, including notice of thedyslexia. t e w d m a n o d m :

bF. r e t º o t n = .212718.2 s k m e - 5 - e a n e d r e l u [ A d parent's right to challenge the school district's or charter school's decision as provided in state and federal law and rules»SPAC SPACºD.

E.»SPACSchool HECºSflºSECºEverydistricts Within the course of the 2020 and 2021charter schoolschools years,shall every»SECtrain Within the course of the 2020-2021 and 2021-2022 school years,administrators every»Sfl»HEC HECºWithin the course of the 2019-2020 and 2020-teachers schoolwho years,teach every»HECreading schoolto district SPACºand charter school»SPAC shall develop and implement aappropriate literacy professional development plan that includes a detailed framework for structured literacy training by a licensed and accredited or credentialed teacher preparation provider for all elementary school teachers and for training in evidence-based reading interventioninterventions. for reading interventionists and special education teachers working with students demonstrating characteristics of dyslexia or diagnosed with dyslexia.

HECºSflºSECºTheSchool plandistricts hand shallcharter continueschools to be implemented each school year.»SEC The plan u » r t h shall continuetrain tospecial beeducation implementedteachers each school year and may be g e l i updated as necessary.»Sfl»HEC HECºThe plan shall continue to h r i s be implemented each school year and may be updated as h , e h t u g necessary.»HEC The department shall provide listsstructured ofliteracy etraining b l e e , gh recommended teacher professional development materials and n d d i = = o h opportunities for teachersstudents andwho schoolare administratorsidentified regardingwith ldyslexia ]as b ,d i a ºspecific rlearning edisability rand =who [research-basedare ]eligible evidence-based reading instruction for tspecial eeducation wservices. d m a n o students at risk for reading failure and displaying the d m :

bG. r e t º o t n = .212718.2 s k m e - 6 - e a n e d r e l u [ A d characteristics of dyslexia.