S T A T E O F N E W Y O R K
________________________________________________________________________
441
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sens. HOYLMAN, JACKSON, SKOUFIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
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-
RY IMPERCEPTION, DYSPHASIA, SPECIFIC DEVELOPMENTAL DYSLEXIA, DEVELOP-
MENTAL DYSGRAPHIA, AND DEVELOPMENTAL SPELLING DISABILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02478-01-1
S. 441 2
(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.
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.
S. 441 3
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.
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.
