The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2283--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. SIMON, McDONALD -- Multi-Sponsored by -- M. of A.
   ASHBY,  BRONSON, CARROLL, FALL, GLICK, GRIFFIN, HUNTER, LUPARDO, McDO-
   NOUGH, NORRIS, QUART, SILLITTI, STECK, TAGUE, TAYLOR, THIELE, WALSH --
   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  AN ASSESSMENT TOOL THAT INCLUDES TARGETED QUES-
 TIONS AND STUDENT TASKS DESIGNED TO QUICKLY AND RELIABLY GATHER  CERTAIN
 RELEVANT  FUNCTIONAL  AND  DEVELOPMENTAL INFORMATION CONSISTENT WITH THE
 RESEARCH FINDINGS IN THIS AREA AND SUPPORTED  BY  THE  FINDINGS  IN  THE
 REPORT  OF  THE  NATIONAL  READING  PANEL  FROM  2000, FROM ALL CHILDREN
 SCREENED PURSUANT TO THIS SECTION. SUCH QUESTIONS  AND  TASKS  SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01110-02-1

 A. 2283--A                          2
 
 ALIGNED  WITH DEVELOPMENTAL BENCHMARKS IN SPECIFIC PRECURSORS CORRELATED
 WITH READING  ACQUISITION  BASED  ON  THE  RECOGNIZED  READING  SCIENCE.
 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.    THE  ASSESSMENT  TOOLS USED SHALL BE SELECTED FROM AN APPROVED
 LIST OF TOOLS DEEMED TO BE VALID AND RELIABLE, WITH TRAINING AND  SUBSE-
 QUENT COACHING PROVIDED TO TEACHERS TO ENSURE FIDELITY TO THE ASSESSMENT
 MODEL  AS  PER  THE  RESEARCH METHODOLOGY PROVIDED IN THE DEVELOPMENT OF
 SUCH TOOLS.
   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 IDENTIFIED AS AT RISK FOR READING FAILURE, 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.
   5. SCHOOL DISTRICTS SHALL ENSURE THAT THE ASSESSMENT RESULTS ARE  USED
 IN  A PROACTIVE MANNER, ENSURING THAT FINDINGS OF RISK FOR READING FAIL-
 URE ARE FOLLOWED UP IMMEDIATELY BY THE PROVISION OF RESEARCH-BASED METH-
 ODS OF INSTRUCTION AND INTERVENTION IN THE IDENTIFIED AREAS OF  NEED  TO
 ENSURE THAT RISK DOES NOT TURN INTO FAILURE.
   § 2. This act shall take effect immediately.