Senate Bill S5232

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5232
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by Sens. THOMAS, CLEARE, GALLIVAN, GOUNARDES, HELMING, JACK-
   SON, KENNEDY, KRUEGER, MYRIE, SKOUFIS -- read twice and ordered print-
   ed, and when printed to be committed 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.
 MANDATORY EARLY SCREENING  SHALL  COMMENCE  DURING  PRE-KINDERGARTEN  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02702-01-3
              

 S. 5232                             2
 
 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.