S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2185
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL, COLTON, SEAWRIGHT, SIMON, DINOWITZ,
   RODRIGUEZ, DE LA ROSA, LUPARDO, WILLIAMS, DICKENS, GRIFFIN,  ABINANTI,
   EPSTEIN,  SAYEGH,  JONES,  RA, TAYLOR, BARRON, DAVILA, McMAHON, REYES,
   JEAN-PIERRE, ASHBY, FALL -- Multi-Sponsored  by  --  M.  of  A.  COOK,
   ENGLEBRIGHT, FRONTUS, HYNDMAN, THIELE -- read once and referred to the
   Committee on Education
 
 AN  ACT to amend the education law, in relation to establishing a dysle-
   xia task force and implementing the findings of such task force
 
   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 two new sections
 4407-a and 4407-b to read as follows:
   § 4407-A. DYSLEXIA; TASK FORCE. 1. THE TASK FORCE ON DYSLEXIA IS HERE-
 BY CREATED WITHIN THE DEPARTMENT TO DEVELOP GUIDELINES FOR THE APPROPRI-
 ATE SCREENING OF STUDENTS FOR DYSLEXIA AND  RELATED  DISORDERS,  PROVIDE
 GUIDELINES REGARDING THE APPROPRIATE INTERVENTIONS AND CLASSROOM SUPPORT
 FOR  STUDENTS  DEEMED  AT  RISK,  AND  TO DEVELOP A PROGRAM OF STUDY FOR
 TEACHERS TO BETTER HELP STUDENTS WITH DYSLEXIA.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A) THE TERM "DYSLEXIA" SHALL MEAN AN UNEXPECTED DIFFICULTY IN READING
 FOR  AN  INDIVIDUAL WHO HAS THE INTELLIGENCE TO BE A MUCH BETTER READER,
 MOST COMMONLY CAUSED BY A DIFFICULTY IN THE PHONOLOGICAL PROCESSING, THE
 APPRECIATION OF THE INDIVIDUAL SOUNDS OF SPOKEN LANGUAGE, WHICH  AFFECTS
 THE ABILITY OF AN INDIVIDUAL TO SPEAK, READ, AND SPELL.
   (B)  THE  TERM  "SCREENING  PROGRAM"  SHALL  MEAN A DYSLEXIA SCREENING
 PROGRAM WHICH IS: (I)  EVIDENCE  BASED  WITH  PROVEN  PSYCHOMETRICS  FOR
 VALIDITY; (II) EFFICIENT AND LOW COST; AND (III) READILY AVAILABLE.
   (C)  THE  TERM  "RELATED DISORDERS" SHALL MEAN DISORDERS SIMILAR TO OR
 RELATED TO DYSLEXIA INCLUDING, BUT NOT LIMITED TO, DEVELOPMENTAL AUDITO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02478-01-1
              

 A. 2185                             2
 
 RY IMPERCEPTION, DYSPHASIA, SPECIFIC  DEVELOPMENTAL  DYSLEXIA,  DEVELOP-
 MENTAL DYSGRAPHIA, AND DEVELOPMENTAL SPELLING DISABILITY.
   (D)  THE  TERM  "SUPPORT" SHALL MEAN LOW-COST AND EFFECTIVE BEST PRAC-
 TICES INCLUDING, BUT NOT LIMITED  TO,  ORAL  EXAMINATIONS  AND  EXTENDED
 TEST-TAKING  PERIODS  USED  TO SUPPORT STUDENTS WHO HAVE DYSLEXIA OR ANY
 RELATED DISORDER.
   3. (A) SUCH TASK FORCE SHALL CONSIST OF TEN MEMBERS, EACH TO SERVE FOR
 A TERM OF THREE CALENDAR YEARS.  SUCH  MEMBERS  SHALL  BE  APPOINTED  AS
 FOLLOWS:  FOUR  MEMBERS  SHALL BE APPOINTED BY THE GOVERNOR; TWO MEMBERS
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE  MEMBER
 SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE SENATE; TWO MEMBERS
 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND ONE MEMBER  SHALL
 BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.  APPOINTMENTS SHALL
 BE  MADE  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-ONE. VACANCIES IN
 THE TASK FORCE SHALL BE FILLED  IN  THE  MANNER  PROVIDED  FOR  ORIGINAL
 APPOINTMENTS.
   (B)  SUCH  MEMBERS SHALL INCLUDE: TWO PHYSICIANS AND/OR SCIENTISTS WHO
 WORK WITH DYSLEXIC PERSONS; TWO EDUCATORS WHO  SPECIALIZE  IN  EDUCATING
 DYSLEXIC  PERSONS;  ONE  PARENT  ADVOCATE;  ONE DYSLEXIC PERSON; AND ONE
 PERSON WHO WORKS FOR THE STATE UNIVERSITY WHO IS AN EXPERT IN  DYSLEXIA.
 ALL  APPOINTMENTS  SHALL  BE  COORDINATED TO ENSURE GEOGRAPHIC REPRESEN-
 TATION FROM THE ENTIRE STATE.
   (C) THE TASK FORCE SHALL CONSIST OF A CHAIR, VICE-CHAIR AND ANY  OTHER
 NECESSARY  OFFICERS  SHALL  BE  ELECTED  FROM  AMONG  ALL  THE APPOINTED
 MEMBERS.
   (D) A MAJORITY OF THE MEMBERS OF THE TASK FORCE THEN IN  OFFICE  SHALL
 CONSTITUTE  A  QUORUM FOR THE TRANSACTION OF BUSINESS OR THE EXERCISE OF
 ANY POWER OR FUNCTION OF THE TASK FORCE. AN ACT, DETERMINATION OR  DECI-
 SION  OF  THE  MAJORITY  OF THE MEMBERS PRESENT DURING THE PRESENCE OF A
 QUORUM SHALL BE HELD TO BE THE ACT, DETERMINATION, OR  DECISION  OF  THE
 TASK FORCE.
   (E)  THE  TASK  FORCE SHALL MEET AT LEAST QUARTERLY AT THE CALL OF THE
 CHAIR. MEETINGS MAY BE HELD VIA TELECONFERENCE. SPECIAL MEETINGS MAY  BE
 CALLED  BY  THE CHAIR AT THE REQUEST OF A MAJORITY OF THE MEMBERS OF THE
 TASK FORCE.
   (F) MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR  THEIR
 SERVICES  BUT  SHALL BE REIMBURSED FOR THEIR ACTUAL EXPENSES INCURRED IN
 THE PERFORMANCE OF THEIR DUTIES IN THE WORK OF THE TASK FORCE.
   4. THE TASK FORCE ESTABLISHED SHALL:
   (A) STUDY SCREENING PROGRAMS FOR IDENTIFYING DYSLEXIC PERSONS;
   (B) STUDY INTERVENTION AND CLASSROOM  SUPPORT  SERVICES  FOR  DYSLEXIC
 PERSONS;
   (C)  DEVELOP  GUIDELINES  FOR  APPROPRIATE  SCREENING PROGRAMS, INTER-
 VENTION SERVICES AND CLASSROOM SUPPORT FOR DYSLEXIC PERSONS; AND
   (D) DEVELOP A PROGRAM OF STUDY IN THE  DIAGNOSIS  AND  REMEDIATION  OF
 READING  AND  LANGUAGE ARTS THAT INCLUDES SUPERVISED PRACTICUM HOURS AND
 INSTRUCTION IN THE DETECTION  AND  RECOGNITION  OF,  AND  EVIDENCE-BASED
 STRUCTURED  LITERACY INTERVENTIONS FOR, STUDENTS WITH DYSLEXIA AND OTHER
 RELATED DISORDERS.
   5. THE TASK FORCE MAY, AS IT DEEMS APPROPRIATE, REQUEST THAT  STUDIES,
 SURVEYS,  OR  ANALYSES RELATING TO THE TASK FORCE'S POWERS AND DUTIES BE
 PERFORMED BY ANY STATE DEPARTMENT, COMMISSION, AGENCY OR PUBLIC AUTHORI-
 TY. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES OR  PUBLIC  AUTHORITIES
 SHALL  PROVIDE  INFORMATION  AND ADVICE IN A TIMELY MANNER AND OTHERWISE
 ASSIST THE TASK FORCE WITH ITS WORK.

 A. 2185                             3
 
   6. THE DEPARTMENT SHALL PROVIDE STAFF SERVICES TO THE TASK  FORCE  AND
 SUCH  OTHER  ADMINISTRATIVE  ASSISTANCE AS MAY BE NECESSARY FOR THE TASK
 FORCE TO CARRY OUT ITS DUTIES, FUNCTIONS AND POWERS.
   7.  THE  TASK FORCE SHALL HOLD A MINIMUM OF THREE PUBLIC HEARINGS EACH
 YEAR: ONE IN NEW YORK CITY; ONE IN WESTERN NEW YORK; AND ONE IN  UPSTATE
 EASTERN NEW YORK.  THE TASK FORCE MAY HOLD ADDITIONAL PUBLIC HEARINGS IN
 OTHER LOCATIONS AS IT DEEMS APPROPRIATE.
   8.  THE TASK FORCE SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGIS-
 LATURE OF ITS  FINDINGS,  CONCLUSIONS,  RECOMMENDATIONS  AND  ACTIVITIES
 ALREADY  UNDERTAKEN  BY  THE TASK FORCE, NOT LATER THAN SEPTEMBER FIRST,
 TWO THOUSAND TWENTY-TWO AND SHALL SUBMIT WITH  ITS  REPORTS  LEGISLATIVE
 PROPOSALS  AS  IT  DEEMS NECESSARY TO IMPLEMENT ITS RECOMMENDATIONS, THE
 GUIDELINES DEVELOPED UNDER PARAGRAPH (C) OF  SUBDIVISION  FOUR  OF  THIS
 SECTION,  AND  THE  PROGRAM  OF  STUDY  DEVELOPED UNDER PARAGRAPH (D) OF
 SUBDIVISION FOUR OF THIS SECTION.
   9. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-TWO,  THE
 DEPARTMENT  SHALL  PROMULGATE  RULES  AND  REGULATIONS  TO IMPLEMENT THE
 GUIDELINES AND PROGRAM OF STUDY DEVELOPED BY THE TASK FORCE  WHICH  WERE
 SUBMITTED IN THE TASK FORCE'S REPORT.
   10.  NOTHING  IN THIS SECTION SHALL REQUIRE A STUDENT WITH DYSLEXIA TO
 OBTAIN AN INDIVIDUALIZED EDUCATION PROGRAM UNLESS THE STUDENT HAS OTHER-
 WISE MET THE FEDERAL CONDITIONS NECESSARY.
   § 4407-B. DYSLEXIA; SCREENING AND INTERVENTION. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) THE TERM "DYSLEXIA" SHALL MEAN AN UNEXPECTED DIFFICULTY IN READING
 FOR AN INDIVIDUAL WHO HAS THE INTELLIGENCE TO BE A MUCH  BETTER  READER,
 MOST COMMONLY CAUSED BY A DIFFICULTY IN THE PHONOLOGICAL PROCESSING, THE
 APPRECIATION  OF THE INDIVIDUAL SOUNDS OF SPOKEN LANGUAGE, WHICH AFFECTS
 THE ABILITY OF AN INDIVIDUAL TO SPEAK, READ, AND SPELL.
   (B) THE TERM "SCREENING  PROGRAM"  SHALL  MEAN  A  DYSLEXIA  SCREENING
 PROGRAM  WHICH  IS:  (I)  EVIDENCE  BASED  WITH PROVEN PSYCHOMETRICS FOR
 VALIDITY; (II) EFFICIENT AND LOW COST; AND (III) READILY AVAILABLE.
   (C) THE TERM "RELATED DISORDERS" SHALL MEAN DISORDERS  SIMILAR  TO  OR
 RELATED TO DYSLEXIA INCLUDING, BUT NOT LIMITED TO, DEVELOPMENTAL AUDITO-
 RY  IMPERCEPTION,  DYSPHASIA,  SPECIFIC DEVELOPMENTAL DYSLEXIA, DEVELOP-
 MENTAL DYSGRAPHIA, AND DEVELOPMENTAL SPELLING DISABILITY.
   (D) THE TERM "SUPPORT" SHALL MEAN LOW-COST AND  EFFECTIVE  BEST  PRAC-
 TICES  INCLUDING,  BUT  NOT  LIMITED  TO, ORAL EXAMINATIONS AND EXTENDED
 TEST-TAKING PERIODS USED TO SUPPORT STUDENTS WHO HAVE  DYSLEXIA  OR  ANY
 RELATED DISORDER.
   2.  ON  OR  BEFORE  JULY FIRST, TWO THOUSAND TWENTY-THREE, EACH PUBLIC
 SCHOOL SHALL CONDUCT A DYSLEXIA  SCREENING  PROGRAM  AND  SHALL  PROVIDE
 INTERVENTIONS  BASED  ON  THE  RULES  AND  REGULATIONS PROMULGATED UNDER
 SUBDIVISION NINE OF SECTION FORTY-FOUR HUNDRED SEVEN-A OF THIS ARTICLE.
   3. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-THREE,  ANY  CERTIFIED
 EDUCATOR  APPLYING  FOR  A COMPREHENSIVE SPECIAL EDUCATION OR INTEGRATED
 EARLY CHILDHOOD AND SPECIAL EDUCATION ENDORSEMENT OR  APPLICANT  FOR  AN
 INITIAL,  PROVISIONAL OR PROFESSIONAL EDUCATOR CERTIFICATE AND A COMPRE-
 HENSIVE SPECIAL EDUCATION OR  INTEGRATED  EARLY  CHILDHOOD  AND  SPECIAL
 EDUCATION  ENDORSEMENT  SHALL  HAVE  COMPLETED A PROGRAM OF STUDY IN THE
 DIAGNOSIS AND REMEDIATION OF READING AND  LANGUAGE  ARTS  THAT  INCLUDES
 SUPERVISED PRACTICUM HOURS AND INSTRUCTION IN THE DETECTION AND RECOGNI-
 TION  OF,  AND  EVIDENCE-BASED  STRUCTURED  LITERACY  INTERVENTIONS FOR,
 STUDENTS WITH DYSLEXIA AND OTHER RELATED DISORDERS.

 A. 2185                             4
 
   4. NOTHING IN THIS ACT SHALL REQUIRE A STUDENT WITH DYSLEXIA TO OBTAIN
 AN INDIVIDUALIZED EDUCATION PROGRAM UNLESS THE STUDENT HAS OTHERWISE MET
 THE FEDERAL CONDITIONS NECESSARY.
   § 2. This act shall take effect immediately.