The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5259--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced  by  M.  of A. SIMON, GALEF, SIMOTAS, LiPETRI, THIELE -- read
  once  and  referred  to  the  Committee  on  Education  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  education  law,  in relation to mandatory early
  screening for dyslexia

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 319 to
read as follows:
  § 319. MANDATORY EARLY SCREENING FOR DYSLEXIA. 1. ALL SCHOOL DISTRICTS
SHALL  BE  REQUIRED TO CONDUCT FULL AND INDIVIDUAL SCREENINGS IN ACCORD-
ANCE WITH THIS SECTION FOR PURPOSES OF  EARLY  IDENTIFICATION,  SUPPORT,
INTERVENTION  AND  ACCOMMODATION  OF  CHILDREN  WITH  DYSLEXIA AND OTHER
LEARNING DISABILITIES. FOR PURPOSES OF THIS SECTION, THE TERM "DYSLEXIA"
MEANS A SPECIFIC LEARNING DISABILITY THAT IS NEUROBIOLOGICAL  IN  ORIGIN
AND  THAT  IS  CHARACTERIZED BY UNEXPECTED DIFFICULTIES WITH ACCURATE OR
FLUENT WORD RECOGNITION AND POOR SPELLING AND DECODING ABILITIES,  WHICH
DIFFICULTY  TYPICALLY  RESULTS FROM A DEFICIT IN THE PHONOLOGICAL COMPO-
NENT OF LANGUAGE AND THAT IS INCONSISTENT  WITH  THE  PERSON'S  INTELLI-
GENCE,  MOTIVATION, AND SENSORY CAPABILITIES AND THE PROVISION OF EFFEC-
TIVE INSTRUCTION.
  2. MANDATORY EARLY SCREENING FOR DYSLEXIA SHALL BE CONDUCTED  BY  EACH
SCHOOL  DISTRICT  USING A DIGITAL ASSESSMENT TOOL THAT INCLUDES TARGETED
QUESTIONS DESIGNED TO QUICKLY AND RELIABLY GATHER CERTAIN RELEVANT FUNC-
TIONAL AND DEVELOPMENTAL INFORMATION FROM ALL CHILDREN DESCRIBED IN THIS
SUBDIVISION.  MANDATORY  EARLY  SCREENING  SHALL  COMMENCE  DURING  PRE-
KINDERGARTEN  OR  KINDERGARTEN, WHICHEVER IS EARLIER, AND SHALL CONTINUE
THEREAFTER  ON  AN  ANNUAL  BASIS  UNTIL  SUCH  CHILD  HAS  SUCCESSFULLY
COMPLETED THE SECOND GRADE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08780-04-9

A. 5259--A                          2

  3.  UPON  COMPLETION  OF  THE  ADMINISTRATION  OF EACH MANDATORY EARLY
SCREENING, A COPY OF EACH EARLY SCREENING REPORT AND ANY OTHER  FINDINGS
SHALL  BE  GIVEN TO THE PARENT AND/OR GUARDIAN AND TEACHERS AND TEACHING
ASSISTANTS OF EACH CHILD, AND THE INDIVIDUAL DESIGNATED  IN  SUBDIVISION
FOUR OF THIS SECTION.
  4.  EACH  SCHOOL  DISTRICT  SHALL  DESIGNATE AN INDIVIDUAL TO MAINTAIN
COMPLETE AND ACCURATE RECORDS, INCLUDING COPIES OF EACH EARLY  SCREENING
REPORT,  FOR  ALL  CHILDREN FOR THE DURATION OF EACH CHILD'S EDUCATIONAL
PURSUIT OR UNTIL SUCH CHILD REACHES THE AGE  OF  SIXTEEN,  WHICHEVER  IS
LATER.  THE  DESIGNATED INDIVIDUAL SHALL PROVIDE RESOURCES AND MATERIALS
TO THE PARENT AND/OR GUARDIAN OF ANY CHILD  WHO  DISPLAYS  LOW  PHONEMIC
AWARENESS AND OTHER INDICATIONS OF DYSLEXIA.
  § 2. This act shall take effect immediately.