The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4198
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by  M. of A. SIMON, MEEKS, JEAN-PIERRE -- Multi-Sponsored by
   -- M. of A.   BRONSON, CARROLL, FALL, GLICK,  HUNTER,  LUPARDO,  McDO-
   NOUGH,  NORRIS,  SILLITTI, STECK, TAGUE, TAYLOR, THIELE, WALSH -- read
   once and referred to the Committee on Education
 
 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
 ALIGNED WITH DEVELOPMENTAL BENCHMARKS IN SPECIFIC PRECURSORS  CORRELATED
 WITH  READING  ACQUISITION  BASED  ON  THE  RECOGNIZED  READING SCIENCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02702-01-3

 A. 4198                             2
 
 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.