Assembly Bill A1645A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1645--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. SIMON, TAYLOR, FORREST, COLTON, KELLES, SHIMSKY,
   GLICK -- Multi-Sponsored by -- M. of A. CRUZ, DICKENS, EPSTEIN,  HUNT-
   ER,  LUPARDO,  RA,  REYES,  SAYEGH,  THIELE,  WEPRIN  -- read once and
   referred to the Committee on Correction -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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 ADMINISTERED BY THE
 DEPARTMENT, PROVIDED HOWEVER, NOTHING IN THIS SECTION SHALL PRECLUDE THE
 INCARCERATED INDIVIDUAL FROM COMPLETING A DEPARTMENT-PROVIDED  SCREENING
 THAT  IS INTENDED TO BE SELF-ADMINISTERED. 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 DYSLE-
 XIA.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01960-02-3
 A. 1645--A                          2
 
              

   (B) EACH INCARCERATED INDIVIDUAL WHO  DOES  NOT  HAVE  A  HIGH  SCHOOL
 DIPLOMA  OR  ITS  EQUIVALENT  SHALL  RECEIVE A READING PROFICIENCY LEVEL
 ASSESSMENT AND A DYSLEXIA SCREENING; AND
   (C)  A  PROCESS BE ESTABLISHED IN WHICH INCARCERATED INDIVIDUALS, UPON
 INTAKE, ARE ASSESSED  AND  ADMINISTERED  A  DYSLEXIA  SCREENING  BY  THE
 DEPARTMENT,  AND  PROVIDED  WITH DYSLEXIA INTERVENTION BY THE DEPARTMENT
 THAT IS EVIDENCE-BASED, EFFECTIVE,  AND  CONSISTENT  WITH  SCIENCE-BASED
 RESEARCH  SPECIFICALLY  TAILORED TO ADDRESSING DYSLEXIA.  THE DEPARTMENT
 SHALL ENSURE THAT SUCH INTERVENTION SERVICES ARE  PROVIDED  BY  LICENSED
 PROFESSIONALS  IN  PERMANENT  COMPETITIVE  POSITIONS  IN  THE CLASSIFIED
 SERVICE EMPLOYED BY THE DEPARTMENT.
   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.