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.