NY State Senate Bill 2017-S2534

Senate Bill S2534

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Jun 21, 2017	committed to rules
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.828
Jan 13, 2017	referred to education

Votes

- May 9, 2017 - Education Committee Vote
  S2534
  
  14
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: May 9, 2017
      
      aye (14)
      
      Breslin
      
      Brooks
      
      Gallivan
      
      Hamilton
      
      LaValle
      
      Lanza
      
      Latimer
      
      Little
      
      Marcellino
      
      Montgomery
      
      Peralta
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      aye wr (5)
      
      Addabbo Jr.
      
      Avella
      
      Croci
      
      Serino
      
      Stavisky

co-Sponsors

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2017-S2534 (ACTIVE) - Details

See Assembly Version of this Bill:: A1480
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§3004 & 4402, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7797, A9940
2013-2014: S2496, A2775
2015-2016: S5439, A4330
2019-2020: S2675
2021-2022: S1285

2017-S2534 (ACTIVE) - Summary

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

2017-S2534 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2534

 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 as
having dyslexia, to acknowledge the diagnosis on their Individual
Education Plans (IEP), and to provide dyslexic students with teachers
trained to instruct such students.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this bill amends section 3004 of the Education Law to
authorize the commissioner of education to certify or require training
of teachers and school administrators in the area of dyslexia and
related disorders. The section also provides a definition of dyslexia.

Section 2 of this bill amends section 4402 of the Education Law to
provide that if a committee or subcommittee of special education
believes that a student may have dyslexia, the student must be sent to
an evaluation for dyslexia or related learning disorder.

Section 3 of this bill 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 4 of this bill 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 have dyslexia or related
learning disorder.

Section 5 of this bill provides that 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 subdivision 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.

 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, teachers, and
administrators 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
that such students may not only experience adverse academic impacts,
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. The federal enabling legislation, the Individuals with
Disabilities Education Act (IDEA) 20 USC 1400, et seq. classifies
children with disabilities according to a broad scheme of 13
categories, one of which is "learning disability." Because of the way
state education law has been written and implemented, currently
students with dyslexia are broadly classified as "learning disabled,"
and school districts have interpreted this as a prohibition on the use
of the words "dyslexia (reading disability)," "dysgraphia"
(graphomotor disability), and "dyscalculia" (math disability). This
has in turn caused schools to implement costly and usually ineffective
interventions which do not address the key issues for students with
dyslexia. Recent guidance from the U.S. Department of education has
confirmed that while there is evidence that "State and local education
agencies (SEAs and LEAs) are reluctant to reference or use dyslexia,
dyscalculia, and dysgraphia in evaluations, eligibility determinations
or in developing the individualized education program (IEP) under the
IDEA. The purpose of this guidance is to clarify that there is nothing
in the IDEA that would prohibit the use of the terms dyslexia,
dyscalculia, and dysgraphia in IDEA evaluation. Eligibility
determinations or IEP documents." This bill would codify the intent of
this federal guidance.

Students with dyslexia need evidence-based, effective intervention
such as structured, multisensory language based educational
interventions in order to address the problem at hand. Our teachers
must be familiar with expert approaches for helping struggling
students to 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 and become college
and career ready. In the long run, it will help save the state money
and improve the lives of the students in our state affected with this
disability.

 PRIOR LEGISLATIVE HISTORY :

2016: S.5439 - Referred to Education
2015: S.5439 - 3rd Reading Education

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
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 subdivision 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.

2017-S2534 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2534
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 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.
   § 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.
                                                            LBD00474-01-7

 S. 2534                             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 THE INDIVIDUAL EDUCATIONAL PLANNING
 TEAM, WHICH SHALL BE KNOWLEDGEABLE IN THE CURRENT SCIENTIFIC UNDERSTAND-
 ING  OF  DYSLEXIA, INCLUDING THE INSTRUCTIONAL 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.
   §  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. 2534                             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 THE INDIVIDUAL EDUCATIONAL PLANNING TEAM,
 WHICH  SHALL  BE  KNOWLEDGEABLE  IN  THE  INSTRUCTIONAL  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] ARTI-
 CLE.
   § 4. Paragraph a of subdivision 2 of section  4402  of  the  education
 law,  as  amended by section 16-a of part A of chapter 56 of the laws of
 2014, 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 students with
 disabilities by one of the special services or programs listed in subdi-
 vision 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 STUDENT IS A STUDENT WITH DYSLEXIA OR A RELATED DISOR-
 DER, THE DISTRICT SHALL BE REQUIRED  TO  PROVIDE  TO  SUCH  STUDENT  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 students with  disa-
 bilities  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  disabilities are severe enough to exhibit the need
 for a structured learning environment of twelve months duration to main-
 tain developmental levels, the board of education or  trustees  of  each
 school  district  upon  the  recommendation  of the committee on special
 education 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
 student,  and  with  prior  approval  by  the  commissioner if required;
 provided that a student with a disability 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 eligible  to
 receive  services  pursuant  to this paragraph during the months of July
 and August.
   § 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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