The New York State Senate

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

                                  7822

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2019
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to a reading proficiency
  level assessment and dyslexia screening for incarcerated individuals

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

  Section 1. The correction law is amended by adding a new section 137-a
to read as follows:
  §  137-A. READING PROFICIENCY LEVEL ASSESSMENT AND DYSLEXIA SCREENING.
1. AS PART OF THE INTAKE PROCESS, AN INCARCERATED  INDIVIDUAL  WHO  DOES
NOT HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT SHALL RECEIVE A READING
PROFICIENCY  LEVEL ASSESSMENT AND DYSLEXIA SCREENING. IF AN INCARCERATED
INDIVIDUAL DEMONSTRATES THAT HE OR SHE IS BELOW  THE  PROFICIENCY  LEVEL
REQUIRED  TO  BE  A  HIGH-FUNCTIONING  READER,  SUCH INDIVIDUAL SHALL BE
PROVIDED WITH DYSLEXIA INTERVENTION THAT IS  EVIDENCE-BASED,  EFFECTIVE,
AND  CONSISTENT  WITH  SCIENCE-BASED  RESEARCH  SPECIFICALLY TAILORED TO
ADDRESSING DYSLEXIA.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCA-
TION,  SHALL  PROMULGATE RULES AND REGULATIONS THAT REQUIRE, BUT ARE NOT
LIMITED TO THE FOLLOWING:
  (A) TEACHERS AT ALL CORRECTIONAL FACILITIES SHALL HAVE AND DEMONSTRATE
AWARENESS OF THE BEST PRACTICES OF SCIENTIFIC READING INSTRUCTION;
  (B) EACH INMATE WHO DOES NOT HAVE A HIGH SCHOOL DIPLOMA OR ITS  EQUIV-
ALENT  SHALL RECEIVE A READING PROFICIENCY LEVEL ASSESSMENT AND A DYSLE-
XIA SCREENING; AND
  (C) A PROCESS BE ESTABLISHED IN WHICH INCARCERATED  INDIVIDUALS,  UPON
INTAKE, ARE ASSESSED AND ADMINISTERED A DYSLEXIA SCREENING, AND PROVIDED
WITH  DYSLEXIA  INTERVENTION  THAT  IS  EVIDENCE-BASED,  EFFECTIVE,  AND
CONSISTENT WITH SCIENCE-BASED RESEARCH SPECIFICALLY TAILORED TO ADDRESS-
ING DYSLEXIA.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11644-03-9

A. 7822                             2

  3. EACH SUPERINTENDENT SHALL SUBMIT A  PLAN  TO  THE  DEPARTMENT  THAT
ALLOWS  INCARCERATED INDIVIDUALS TO VOLUNTARILY RECEIVE A READING PROFI-
CIENCY LEVEL ASSESSMENT, DYSLEXIA  SCREENING,  AND  READING  INSTRUCTION
THAT  IS  EVIDENCE-BASED,  EFFECTIVE,  AND CONSISTENT WITH SCIENCE-BASED
RESEARCH SPECIFICALLY TAILORED TO ADDRESSING DYSLEXIA.
  §  2.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the addition, amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made  and  completed
on or before such date.