NY State Senate Bill 2011-S7797

Senate Bill S7797

2011-2012 Legislative Session

Requires the certification or training of teachers, administrators and instructors in the area of dyslexia and related disorders

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 19, 2012	referred to rules

2011-S7797 (ACTIVE) - Details

See Assembly Version of this Bill:: A9940
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §§3004 & 4402, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2496, A2775
2015-2016: S5439, A4330
2017-2018: S2534, A1480
2019-2020: S2675
2021-2022: S1285

2011-S7797 (ACTIVE) - Summary

Requires the certification or training of teachers, administrators and instructors in the area of dyslexia and related disorders.

2011-S7797 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7797

TITLE OF BILL:
An act
to amend the education law, in relation to the certification or training
of teachers, administrators and instructors in the area of dyslexia and
related disorders

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require school
districts to diagnose students with dyslexia and to provide such
students with teachers trained to instruct dyslexic students.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends
section 3004 of the
education law to authorize the commissioner of education to certify
or the required training of teachers and school administrators in the
area of dyslexia and related disorders. The section also provides a
definition of dyslexia.

Section two amends section 4402 of the education law to provide that
if a committee or subcommittee of special education believes that a
student may be suffering from dyslexia, the student must be sent to
an evaluation for dyslexia or related disorder.

Section three amends section 4402 of the education law to provide that
if a student is determined to have dyslexia, the recommendations on
programs or placement for the student must be made by a team that is
knowledgeable in instructing children with dyslexia.

Section four amends section 4402 of the education law to require a
school district to provide a teacher trained in dyslexia to any
student who has been determined to suffer from dyslexia.

Section five provides that this act shall take effect 30 days after it
has become law.

JUSTIFICATION:
A lot happens in the brain as we learn to read. It
becomes a complicated and daunting task when letters and numbers
become mixed up. Approximately 15% of children have dyslexia a brain
based learning disability that makes word recognition, spelling and
reading success a very difficult task. About 85% of children with
learning disabilities have dyslexia making it the most prevalent
learning disability in children. Yet, most parents, and teachers have
trouble recognizing its symptoms. Research shows that if students are
not reading on grade level by third grade, they only have a 1 in 8
chance of catching up to their peers. This means not only academic
consequences, but also emotional and social problems as well.

The key to overcoming this disability is to pinpoint the disability
early so that these children can become proficient readers and do not
fall behind their peers. Because of the way the law is written
currently students with dyslexia are broadly labeled as learning
disabled. This puts in order costly and usually ineffective


interventions which do not address the key issues for students with
dyslexia. Students with, dyslexia need appropriate intervention for
their specific disability, rather than broad help in school to
address the problem at hand. Meaning the our teachers must have
expert approaches when helping struggling students learn to read,
write and spell.

Students with dyslexia could receive appropriate, remediation within
an inclusion classroom or in an after school program where
multi-sensory reading instruction takes place

The consequences of an inadequate education have a huge impact on our
society. Children need the basic ability to read and write to become
Successful members of society. This legislation will improve school
conditions so that children with dyslexia and related learning
disabilities can have an equal opportunity to learn. In the long run,
it will help save the state money and improve the lives of the many
students in our state affected with this disability.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
To be determined.

EFFECTIVE DATE:
30 days following enactment.

2011-S7797 (ACTIVE) - Bill Text download pdf

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

                                  7797

                            I N  S E N A T E

                              June 19, 2012
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in relation to the  certification  or
  training  of  teachers,  administrators and instructors in the area of
  dyslexia and related disorders

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

  Section  1.  Section  3004 of the education law is amended by adding a
new subdivision 7 to read as follows:
  7. A.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER IS
AUTHORIZED AND EMPOWERED TO CERTIFY OR  REQUIRE  TRAINING  OF  TEACHERS,
ADMINISTRATORS  AND  INSTRUCTORS IN THE AREA OF DYSLEXIA AND ITS RELATED
DISORDERS. THE COMMISSIONER SHALL HAVE THE POWER TO PRESCRIBE THE NECES-
SARY REGULATIONS AND ESTABLISH SUCH PROGRAMS AND TRAINING RELATED TO THE
NEEDS OF CHILDREN WITH DYSLEXIA OR A RELATED DISORDER. SUCH PROGRAMS AND
TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, SUCCESSFUL COMPLETION  OF
SUFFICIENT  HOURS  OF  COURSEWORK AND SUPERVISED CLINICAL EXPERIENCE, AS
DETERMINED BY THE COMMISSIONER TO BE EVIDENCE-BASED EFFECTIVE  PROGRAMS,
SUCH  AS  MULTISENSORY  STRUCTURED  LANGUAGE  EDUCATION OR OTHER SIMILAR
EDUCATION PROGRAMS FOR TEACHING CHILDREN AT RISK FOR BEING, OR DIAGNOSED
AS, DYSLEXIC OR A RELATED DISORDER. SUCH PROGRAMS  OR  TRAINING  MAY  BE
OBTAINED  FROM AN INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
DEPARTMENT TO PROVIDE SUCH PROGRAMS AND TRAINING.
  B. FOR THE PURPOSES OF THIS SECTION, THE TERM "DYSLEXIA" SHALL MEAN  A
SPECIFIC  LEARNING  DISORDER  THAT IS NEUROLOGICAL IN ORIGIN AND THAT IS
CHARACTERIZED BY UNEXPECTED DIFFICULTIES WITH ACCURATE  OR  FLUENT  WORD
RECOGNITION  AND  BY POOR SPELLING AND DECODING ABILITIES NOT CONSISTENT
WITH THE PERSON'S INTELLIGENCE, MOTIVATION,  AND  SENSORY  CAPABILITIES,
WHICH  DIFFICULTIES  TYPICALLY RESULT FROM A DEFICIT IN THE PHONOLOGICAL
COMPONENT OF LANGUAGE.
  S 2. Clause (a) and subclause (i) of clause (b) of subparagraph  3  of
paragraph  b  of  subdivision  1  of  section 4402 of the education law,
clause (a) as amended by chapter 53 of the laws of  1991  and  subclause

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13925-03-2

S. 7797                             2

(i)  of  clause  (b)  as amended by chapter 378 of the laws of 2007, are
amended to read as follows:
  (a)  Obtain,  review  and evaluate all relevant information, including
but not limited to that presented by  the  parent,  person  in  parental
relationship  and teacher, pertinent to each child suspected of or iden-
tified as having a handicapping condition, including the  results  of  a
physical  examination performed in accordance with sections nine hundred
three, nine hundred four and nine hundred  five  of  this  chapter  and,
where  determined to be necessary by a school psychologist, an appropri-
ate psychological evaluation performed by a qualified private or  school
psychologist,  and  other appropriate assessments as necessary to ascer-
tain the physical, mental, emotional  and  cultural-educational  factors
which  may contribute to the suspected or identified handicapping condi-
tion, and all other school data which  bear  on  the  child's  progress,
including,  where appropriate, observation of classroom performance.  IF
THE COMMITTEE OR SUBCOMMITTEE HAS REASON TO BELIEVE THAT  THE  HANDICAP-
PING CONDITION MAY INVOLVE DYSLEXIA, AS DEFINED IN PARAGRAPH B OF SUBDI-
VISION  SEVEN  OF  SECTION  THREE  THOUSAND  FOUR  OF THIS CHAPTER, OR A
RELATED DISORDER, THE CHILD SHALL BE EVALUATED AND TESTED  ACCORDING  TO
CURRENT  SCIENTIFIC  UNDERSTANDING  OF DYSLEXIA TO DETERMINE WHETHER THE
CHILD HAS DYSLEXIA OR A RELATED DISORDER.
  (i) Make recommendations based upon a written evaluation setting forth
the reasons for the recommendations, to the child's parent or person  in
parental  relation  and board of education or trustees as to appropriate
educational programs and placement in accordance with the provisions  of
subdivision six of section forty-four hundred one-a of this article, and
as  to the advisability of continuation, modification, or termination of
special class or program placements which evaluation shall be  furnished
to  the  child's parent or person in parental relation together with the
recommendations provided, however that the  committee  may  recommend  a
placement  in a school which uses psychotropic drugs only if such school
has a written policy pertaining to such  use  that  is  consistent  with
subdivision  four-a  of section thirty-two hundred eight of this chapter
and that the parent or person in parental relation is given such written
policy at the time such recommendation is made.  IF THE CHILD IS  DETER-
MINED  TO  HAVE DYSLEXIA, AS DEFINED IN PARAGRAPH B OF SUBDIVISION SEVEN
OF SECTION THREE THOUSAND FOUR OF THIS CHAPTER, OR A  RELATED  DISORDER,
THE RECOMMENDATIONS SHALL BE MADE BY A TEAM THAT IS KNOWLEDGEABLE IN THE
CURRENT  SCIENTIFIC  UNDERSTANDING  OF  DYSLEXIA, INCLUDING THE INSTRUC-
TIONAL COMPONENTS AND APPROACHES FOR STUDENTS  WITH  DYSLEXIA.  If  such
recommendation  is  not  acceptable  to the parent or person in parental
relation, such parent or person in parental  relation  may  appeal  such
recommendation  as  provided  for  in section forty-four hundred four of
this [chapter] ARTICLE.
  S 3. Clause (b) of subparagraph 3 of paragraph b of subdivision  1  of
section 4402 of the education law, as amended by chapter 716 of the laws
of 1991, is amended to read as follows:
  (b) Make recommendations based upon a written evaluation setting forth
the  reasons for the recommendations, to the child's parent or person in
parental relationship and board of education or trustees as to appropri-
ate educational programs and placement in accordance with the provisions
of subdivision six of section forty-four hundred one-a of this  article,
and as to the advisability of continuation, modification, or termination
of  special  class  or  program  placements  which  evaluation  shall be
furnished to the child's  parent  or  person  in  parental  relationship
together  with  the recommendations provided, however that the committee

S. 7797                             3

may recommend a placement in a school which uses psychotropic drugs only
if such school has a written policy pertaining to such use and that  the
parent  or  person in parental relationship is given such written policy
at  the time such recommendation is made.  IF THE CHILD IS DETERMINED TO
HAVE DYSLEXIA, AS DEFINED IN PARAGRAPH B OF SUBDIVISION SEVEN OF SECTION
THREE THOUSAND FOUR OF THIS CHAPTER, OR A RELATED DISORDER,  THE  RECOM-
MENDATIONS SHALL BE MADE BY A TEAM THAT IS KNOWLEDGEABLE IN THE INSTRUC-
TIONAL  COMPONENTS  AND  APPROACHES  FOR STUDENTS WITH DYSLEXIA. If such
recommendation is not acceptable to the parent  or  person  in  parental
relationship,  such parent or person in parental relationship may appeal
such recommendation as provided for in section forty-four  hundred  four
of this [chapter] ARTICLE.
  S  4.  Paragraph  a  of subdivision 2 of section 4402 of the education
law, as amended by chapter 243 of the laws of 1989, is amended  to  read
as follows:
  a. The board of education or trustees of each school district shall be
required to furnish suitable educational opportunities for children with
handicapping conditions by one of the special services or programs list-
ed in subdivision two of section forty-four hundred one OF THIS ARTICLE.
The  need of the individual child shall determine which of such services
shall be rendered.  IF THE CHILD IS A CHILD WITH DYSLEXIA OR  A  RELATED
DISORDER,  THE  DISTRICT  SHALL BE REQUIRED TO PROVIDE TO SUCH CHILD THE
SERVICES OF A TEACHER OR INSTRUCTOR  TRAINED  IN  DYSLEXIA  AND  RELATED
DISORDERS  PURSUANT  TO SUBDIVISION SEVEN OF SECTION THREE THOUSAND FOUR
OF THIS CHAPTER. Each district  shall  provide  to  the  maximum  extent
appropriate such services in a manner which enables children with handi-
capping  conditions  to  participate  in regular education services when
appropriate. Such services or programs shall be  furnished  between  the
months  of September and June of each year, except that for the nineteen
hundred eighty-seven--eighty-eight  school  year  and  thereafter,  with
respect  to the students whose handicapping conditions are severe enough
to exhibit the need for a  structured  learning  environment  of  twelve
months duration to maintain developmental levels, the board of education
or  trustees  of  each  school  district  upon the recommendation of the
committee on special education and, in the first instance,  the  consent
of  the  parent  shall also provide, either directly or by contract, for
the provision of special services and programs  as  defined  in  section
forty-four  hundred  one  of  this article during the months of July and
August as contained in the individualized  education  program  for  each
eligible child, and with prior approval by the commissioner if required;
provided  that  (i) a student with a handicapping condition who is first
eligible to attend public school in the nineteen hundred  eighty-seven--
eighty-eight  school  year  shall  not  be  eligible to receive services
pursuant to this paragraph during the months of July and August nineteen
hundred eighty-seven and (ii) a student with  a  handicapping  condition
who  is  first  eligible to attend public school in the nineteen hundred
eighty-eight--eighty-nine school year shall not be eligible  to  receive
services pursuant to this paragraph during the months of July and August
nineteen  hundred  eighty-eight  and (iii) a student with a handicapping
condition who is eligible for services during the  months  of  July  and
August nineteen hundred eighty-nine pursuant to the provisions of subdi-
vision  six  of section forty-four hundred ten of this article shall not
be eligible to receive services pursuant to this paragraph  during  such
months  and (iv) a student with a handicapping condition who is eligible
for services, including services during the months of July  and  August,
pursuant  to section forty-four hundred ten of this article shall not be

S. 7797                             4

eligible to receive services  pursuant  to  this  paragraph  during  the
months of July and August.
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law, provided that the  amendments  to  subclause  (i)  of
clause  (b) of subparagraph 3 of paragraph b of subdivision 1 of section
4402 of the education law made by section  two  of  this  act  shall  be
subject  to  the  expiration  and  reversion  of such clause pursuant to
section 22 of chapter 352 of the laws of 2005, as amended, and  subdivi-
sion  d  of  section  27 of chapter 378 of the laws of 2007, as amended,
when upon such date the provisions of section three of  this  act  shall
take effect.

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