NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4330A REVISED MEMO 11/09/15
SPONSOR: Simon (MS) 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 one 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 two 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 dysle-
xia or related learning 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 have dyslexia or related learning disorder.
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. Approximate-
ly 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 symp-
toms.
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 Individ-
uals with Disabilities Education Act (IDEA) 20 USC 1400, et seq. classi-
fies children with disabilities according to a broad scheme of 13 cate-
gories, 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 form
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 individual-
ized education program (IEP) under the IDEA. The purpose of this (guid-
ance) is to clarify that there is nothing in the IDEA that would prohib-
it 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 disabili-
ties 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 disa-
bility.
PRIOR LEGISLATIVE HISTORY:
A9940 (S7797) of 2012. In Higher Ed.
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
To be determined.
EFFECTIVE DATE:
30 days following enactment.
STATE OF NEW YORK
________________________________________________________________________
4330--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. SIMON, BRENNAN, BROOK-KRASNY, DINOWITZ, MILLER,
MOSLEY, SEAWRIGHT, TITONE, TEDISCO, GOTTFRIED, COLTON, COOK, FINCH,
ROBINSON, RODRIGUEZ, PERRY -- Multi-Sponsored by -- M. of A. ABBATE,
BRAUNSTEIN, CLARK, DUPREY, GIGLIO, GLICK, HEVESI, HIKIND, JOYNER --
read once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
1 Section 1. Section 3004 of the education law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. a. Notwithstanding any other provision of law, the commissioner is
4 authorized and empowered to certify or require training of teachers,
5 administrators and instructors in the area of dyslexia and its related
6 disorders. The commissioner shall have the power to prescribe the neces-
7 sary regulations and establish such programs and training related to the
8 needs of children with dyslexia or a related disorder. Such programs and
9 training shall include, but not be limited to, successful completion of
10 sufficient hours of coursework and supervised clinical experience, as
11 determined by the commissioner to be evidence-based effective programs,
12 such as multisensory structured language education or other similar
13 education programs for teaching children at risk for being, or diagnosed
14 as, dyslexic or a related disorder. Such programs or training may be
15 obtained from an institution or provider which has been approved by the
16 department to provide such programs and training.
17 b. For the purposes of this section, the term "dyslexia" shall mean a
18 specific learning disorder that is neurological in origin and that is
19 characterized by unexpected difficulties with accurate or fluent word
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01260-02-5
A. 4330--A 2
1 recognition and by poor spelling and decoding abilities not consistent
2 with the person's intelligence, motivation, and sensory capabilities,
3 which difficulties typically result from a deficit in the phonological
4 component of language.
5 § 2. Clause (a) and subclause (i) of clause (b) of subparagraph 3 of
6 paragraph b of subdivision 1 of section 4402 of the education law,
7 clause (a) as amended by chapter 53 of the laws of 1991 and subclause
8 (i) of clause (b) as amended by chapter 378 of the laws of 2007, are
9 amended to read as follows:
10 (a) Obtain, review and evaluate all relevant information, including
11 but not limited to that presented by the parent, person in parental
12 relationship and teacher, pertinent to each child suspected of or iden-
13 tified as having a handicapping condition, including the results of a
14 physical examination performed in accordance with sections nine hundred
15 three, nine hundred four and nine hundred five of this chapter and,
16 where determined to be necessary by a school psychologist, an appropri-
17 ate psychological evaluation performed by a qualified private or school
18 psychologist, and other appropriate assessments as necessary to ascer-
19 tain the physical, mental, emotional and cultural-educational factors
20 which may contribute to the suspected or identified handicapping condi-
21 tion, and all other school data which bear on the child's progress,
22 including, where appropriate, observation of classroom performance. If
23 the committee or subcommittee has reason to believe that the handicap-
24 ping condition may involve dyslexia, as defined in paragraph b of subdi-
25 vision seven of section three thousand four of this chapter, or a
26 related disorder, the child shall be evaluated and tested according to
27 current scientific understanding of dyslexia to determine whether the
28 child has dyslexia or a related disorder.
29 (i) Make recommendations based upon a written evaluation setting forth
30 the reasons for the recommendations, to the child's parent or person in
31 parental relation and board of education or trustees as to appropriate
32 educational programs and placement in accordance with the provisions of
33 subdivision six of section forty-four hundred one-a of this article, and
34 as to the advisability of continuation, modification, or termination of
35 special class or program placements which evaluation shall be furnished
36 to the child's parent or person in parental relation together with the
37 recommendations provided, however that the committee may recommend a
38 placement in a school which uses psychotropic drugs only if such school
39 has a written policy pertaining to such use that is consistent with
40 subdivision four-a of section thirty-two hundred eight of this chapter
41 and that the parent or person in parental relation is given such written
42 policy at the time such recommendation is made. If the child is deter-
43 mined to have dyslexia, as defined in paragraph b of subdivision seven
44 of section three thousand four of this chapter, or a related disorder,
45 the recommendations shall be made by the individual educational planning
46 team, which shall be knowledgeable in the current scientific understand-
47 ing of dyslexia, including the instructional components and approaches
48 for students with dyslexia. If such recommendation is not acceptable to
49 the parent or person in parental relation, such parent or person in
50 parental relation may appeal such recommendation as provided for in
51 section forty-four hundred four of this [chapter] article.
52 § 3. Clause (b) of subparagraph 3 of paragraph b of subdivision 1 of
53 section 4402 of the education law, as amended by chapter 716 of the laws
54 of 1991, is amended to read as follows:
55 (b) Make recommendations based upon a written evaluation setting forth
56 the reasons for the recommendations, to the child's parent or person in
A. 4330--A 3
1 parental relationship and board of education or trustees as to appropri-
2 ate educational programs and placement in accordance with the provisions
3 of subdivision six of section forty-four hundred one-a of this article,
4 and as to the advisability of continuation, modification, or termination
5 of special class or program placements which evaluation shall be
6 furnished to the child's parent or person in parental relationship
7 together with the recommendations provided, however that the committee
8 may recommend a placement in a school which uses psychotropic drugs only
9 if such school has a written policy pertaining to such use and that the
10 parent or person in parental relationship is given such written policy
11 at the time such recommendation is made. If the child is determined to
12 have dyslexia, as defined in paragraph b of subdivision seven of section
13 three thousand four of this chapter, or a related disorder, the recom-
14 mendations shall be made by the individual educational planning team,
15 which shall be knowledgeable in the instructional components and
16 approaches for students with dyslexia. If such recommendation is not
17 acceptable to the parent or person in parental relationship, such parent
18 or person in parental relationship may appeal such recommendation as
19 provided for in section forty-four hundred four of this [chapter] arti-
20 cle.
21 § 4. Paragraph a of subdivision 2 of section 4402 of the education
22 law, as amended by section 16-a of part A of chapter 56 of the laws of
23 2014, is amended to read as follows:
24 a. The board of education or trustees of each school district shall be
25 required to furnish suitable educational opportunities for students with
26 disabilities by one of the special services or programs listed in subdi-
27 vision two of section forty-four hundred one of this article. The need
28 of the individual child shall determine which of such services shall be
29 rendered. If the student is a student with dyslexia or a related disor-
30 der, the district shall be required to provide to such student the
31 services of a teacher or instructor trained in dyslexia and related
32 disorders pursuant to subdivision seven of section three thousand four
33 of this chapter. Each district shall provide to the maximum extent
34 appropriate such services in a manner which enables students with disa-
35 bilities to participate in regular education services when appropriate.
36 Such services or programs shall be furnished between the months of
37 September and June of each year, except that for the nineteen hundred
38 eighty-seven--eighty-eight school year and thereafter, with respect to
39 the students whose disabilities are severe enough to exhibit the need
40 for a structured learning environment of twelve months duration to main-
41 tain developmental levels, the board of education or trustees of each
42 school district upon the recommendation of the committee on special
43 education shall also provide, either directly or by contract, for the
44 provision of special services and programs as defined in section forty-
45 four hundred one of this article during the months of July and August as
46 contained in the individualized education program for each eligible
47 student, and with prior approval by the commissioner if required;
48 provided that a student with a disability who is eligible for services,
49 including services during the months of July and August, pursuant to
50 section forty-four hundred ten of this article shall not be eligible to
51 receive services pursuant to this paragraph during the months of July
52 and August.
53 § 5. This act shall take effect on the thirtieth day after it shall
54 have become a law, provided that the amendments to subclause (i) of
55 clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section
56 4402 of the education law made by section two of this act shall be
A. 4330--A 4
1 subject to the expiration and reversion of such clause pursuant to
2 section 22 of chapter 352 of the laws of 2005, as amended, and subdivi-
3 sion d of section 27 of chapter 378 of the laws of 2007, as amended,
4 when upon such date the provisions of section three of this act shall
5 take effect.
