S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2767--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens. GOLDEN, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Education  --
   recommitted  to  the  Committee on Education in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to amend the education law, in relation to establishing a pilot
   program to provide early screening and intervention services for chil-
   dren with risk factors 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. DYSLEXIA SCREENING; PILOT PROGRAM. 1. THE COMMISSIONER IS HERE-
 BY  DIRECTED TO ESTABLISH A PILOT PROGRAM TO PROVIDE EARLY SCREENING AND
 INTERVENTION SERVICES FOR  CHILDREN  WITH  RISK  FACTORS  FOR  DYSLEXIA,
 INCLUDING  LOW  PHONEMIC  AWARENESS. THE COMMISSIONER SHALL SELECT THREE
 SCHOOL DISTRICTS TO PARTICIPATE IN THE PILOT PROGRAM, ONE OF WHICH SHALL
 BE LOCATED IN AN URBAN SETTING, ONE OF  WHICH  SHALL  BE  LOCATED  IN  A
 SUBURBAN  SETTING, AND ONE OF WHICH SHALL BE LOCATED IN A RURAL SETTING.
 ANY SCHOOL DISTRICT SELECTED TO PARTICIPATE IN  THE  PILOT  PROGRAM  MAY
 ESTABLISH  A  PARTNERSHIP  WITH A REGIONAL LIBRARY OR LIBRARY SYSTEM FOR
 PURPOSES OF THE PILOT PROGRAM. TO BE CONSIDERED FOR THE PILOT PROGRAM, A
 SCHOOL DISTRICT SHALL SUBMIT A PROPOSAL TO THE COMMISSIONER WHICH:
   (A) IDENTIFIES A METHOD OF SCREENING CHILDREN FOR LOW PHONEMIC  AWARE-
 NESS AND OTHER RISK FACTORS FOR DYSLEXIA;
   (B)  PROVIDES FOR THE ENROLLMENT OF CHILDREN IDENTIFIED AS HAVING RISK
 FACTORS FOR DYSLEXIA IN A READING PROGRAM STAFFED BY TEACHERS TRAINED IN
 MULTISENSORY STRUCTURED LANGUAGE PROGRAMS; AND
   (C) INCLUDES A METHODOLOGY FOR EVALUATING THE EFFECTS OF  THE  READING
 PROGRAM ON THE CHILDREN'S IDENTIFIED RISK FACTORS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06023-02-8
              

 S. 2767--A                          2
 
   2.  THE GOAL OF THE PILOT PROGRAM SHALL BE TO DEMONSTRATE AND EVALUATE
 THE EFFECTIVENESS OF EARLY READING ASSISTANCE PROGRAMS FOR CHILDREN WITH
 RISK FACTORS FOR DYSLEXIA AND TO EVALUATE  WHETHER  THOSE  PROGRAMS  CAN
 REDUCE FUTURE SPECIAL EDUCATION COSTS.
   3.  THE COMMISSIONER SHALL ESTABLISH GUIDELINES AND PROCEDURES FOR THE
 PILOT PROGRAM. THE COMMISSIONER SHALL  CONSULT  WITH  THE  INTERNATIONAL
 DYSLEXIA  ASSOCIATION  OR  ANY  OTHER NATIONALLY RECOGNIZED ORGANIZATION
 THAT SPECIALIZES IN MULTISENSORY STRUCTURED LANGUAGE  PROGRAMS  FOR  THE
 TREATMENT OF DYSLEXIA IN ESTABLISHING AND OPERATING THE PILOT PROGRAM.
   4.  (A)  UNDER  THE PILOT PROGRAM, EACH PARTICIPATING SCHOOL DISTRICT,
 THROUGH EARLY  CHILDHOOD  READING  INSTRUCTION  AND  READING  ASSISTANCE
 PROGRAMS, SHALL:
   (I)  SCREEN  CHILDREN  SIX  YEARS OF AGE OR YOUNGER FOR INDICATIONS OF
 DYSLEXIA;
   (II) PROVIDE APPROPRIATE READING INTERVENTION SERVICES FOR THOSE CHIL-
 DREN SUSPECTED OF HAVING DYSLEXIA; AND
   (III) ADMINISTER ASSESSMENTS, APPROVED BY THE COMMISSIONER, TO  ASCER-
 TAIN  WHETHER  THE INTERVENTION SERVICES IMPROVE THOSE STUDENTS' READING
 AND LEARNING.
   (B) WHEN A CHILD IS SUSPECTED OF HAVING DYSLEXIA, THE  DISTRICT  SHALL
 NOTIFY  THE  CHILD'S PARENT OR GUARDIAN OF THAT FACT AND THAT THE CHILD,
 AS PART OF THE PILOT PROGRAM, IS  ELIGIBLE  TO  RECEIVE  READING  INTER-
 VENTION  SERVICES  TO MEASURE THE EFFECTIVENESS OF EARLY READING ASSIST-
 ANCE PROGRAMS. THE DISTRICT SHALL REQUIRE  THE  PARENT  OR  GUARDIAN  TO
 INDICATE IN WRITING THAT THE PARENT OR GUARDIAN VOLUNTARILY AND KNOWING-
 LY  CONSENTS  TO  THE CHILD'S PARTICIPATION IN THE PILOT PROGRAM FOR THE
 PROVISION OF READING INTERVENTION SERVICES. EACH DISTRICT SHALL  PROVIDE
 TO  THE  PARENTS  OF  CHILDREN  SUSPECTED OF HAVING DYSLEXIA INFORMATION
 ABOUT THE LEARNING DISABILITY, RECOMMENDED MULTISENSORY TREATMENTS,  AND
 POSSIBLE SERVICES UNDER THIS PILOT PROGRAM OR THIS CHAPTER.
   (C)  EACH  PARTICIPATING  SCHOOL DISTRICT SHALL REPORT ANNUALLY TO THE
 COMMISSIONER DATA ABOUT THE OPERATION AND RESULTS OF THE PILOT  PROGRAM,
 AS  REQUIRED BY THE COMMISSIONER IN THE MANNER PRESCRIBED BY THE COMMIS-
 SIONER.
   5. FOR THE PURPOSES OF  THIS  SECTION,  "DYSLEXIA"  MEANS  A  SPECIFIC
 LEARNING  DISORDER THAT IS NEUROLOGICAL IN ORIGIN AND THAT IS CHARACTER-
 IZED 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  COMPO-
 NENT OF LANGUAGE.
   6. THE PILOT PROGRAM SHALL OPERATE FOR THREE FULL SCHOOL YEARS, BEGIN-
 NING  WITH  THE  NEXT  SUCCEEDING SCHOOL YEAR THAT BEGINS AT LEAST THREE
 MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 2. The commissioner of education shall apply for private  and  other
 nonstate  funds, and shall use available state funds appropriated to the
 department of education for the pilot program  established  pursuant  to
 section one of this act.
   § 3. The commissioner of education shall submit a report to the gover-
 nor  and  the legislature no later than the thirty-first day of December
 of the third school  year  in  which  the  pilot  program  is  operating
 containing  the  commissioner's  evaluation  of the results of the pilot
 program and legislative recommendations whether to continue, expand,  or
 make changes to the pilot program.
   § 4. This act shall take effect immediately.