|SAME AS||SAME AS S02534|
|COSPNSR||Dinowitz, Miller MG, Seawright, Titone, Gottfried, Colton, Cook, Finch, Rodriguez, Perry, Lalor, Quart, Weprin, O'Donnell, Buchwald, Jaffee, Arroyo, Peoples-Stokes, Jean-Pierre, Woerner, Blake, Ortiz, Sepulveda, Dilan, Hunter, Richardson, Davila, Bichotte, Hyndman, Pichardo, Crespo, Carroll, Malliotakis, D'Urso, McDonough, Santabarbara, Barrett, Fahy, Raia, Rosenthal L, Ashby, Simotas|
|MLTSPNSR||Abbate, Barnwell, Barron, Braunstein, Giglio, Glick, Hevesi, Hikind, Hooper, Joyner, McDonald, Thiele, Walsh|
|Amd §§3004 & 4402, Ed L|
|Requires the certification or training of teachers, administrators and instructors in the area of dyslexia and related disorders.|
|01/12/2017||referred to education|
|01/03/2018||referred to education|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1480 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 Individuals with Disabilities Education Act (IDEA) 20 USC 1400, et seq. classifies chil- dren 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 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.
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STATE OF NEW YORK ________________________________________________________________________ 1480 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. SIMON, DINOWITZ, M. G. MILLER, SEAWRIGHT, TITONE, GOTTFRIED, COLTON, COOK, FINCH, RODRIGUEZ, PERRY, FARRELL, LALOR, QUART, WEPRIN, O'DONNELL, BUCHWALD, JAFFEE, ARROYO, PEOPLES-STOKES, JEAN-PIERRE, WOERNER, BLAKE, ORTIZ, SEPULVEDA, DILAN, HUNTER, RICHARD- SON, DAVILA, BICHOTTE, HYNDMAN, PICHARDO, CRESPO, HARRIS -- Multi- Sponsored by -- M. of A. ABBATE, BARRON, BRAUNSTEIN, GIGLIO, GLICK, HEVESI, HIKIND, HOOPER, JOYNER, LOPEZ, McDONALD, THIELE -- read once and referred 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00474-01-7A. 1480 2 1 characterized by unexpected difficulties with accurate or fluent word 2 recognition and by poor spelling and decoding abilities not consistent 3 with the person's intelligence, motivation, and sensory capabilities, 4 which difficulties typically result from a deficit in the phonological 5 component of language. 6 § 2. Clause (a) and subclause (i) of clause (b) of subparagraph 3 of 7 paragraph b of subdivision 1 of section 4402 of the education law, 8 clause (a) as amended by chapter 53 of the laws of 1991 and subclause 9 (i) of clause (b) as amended by chapter 378 of the laws of 2007, are 10 amended to read as follows: 11 (a) Obtain, review and evaluate all relevant information, including 12 but not limited to that presented by the parent, person in parental 13 relationship and teacher, pertinent to each child suspected of or iden- 14 tified as having a handicapping condition, including the results of a 15 physical examination performed in accordance with sections nine hundred 16 three, nine hundred four and nine hundred five of this chapter and, 17 where determined to be necessary by a school psychologist, an appropri- 18 ate psychological evaluation performed by a qualified private or school 19 psychologist, and other appropriate assessments as necessary to ascer- 20 tain the physical, mental, emotional and cultural-educational factors 21 which may contribute to the suspected or identified handicapping condi- 22 tion, and all other school data which bear on the child's progress, 23 including, where appropriate, observation of classroom performance. If 24 the committee or subcommittee has reason to believe that the handicap- 25 ping condition may involve dyslexia, as defined in paragraph b of subdi- 26 vision seven of section three thousand four of this chapter, or a 27 related disorder, the child shall be evaluated and tested according to 28 current scientific understanding of dyslexia to determine whether the 29 child has dyslexia or a related disorder. 30 (i) Make recommendations based upon a written evaluation setting forth 31 the reasons for the recommendations, to the child's parent or person in 32 parental relation and board of education or trustees as to appropriate 33 educational programs and placement in accordance with the provisions of 34 subdivision six of section forty-four hundred one-a of this article, and 35 as to the advisability of continuation, modification, or termination of 36 special class or program placements which evaluation shall be furnished 37 to the child's parent or person in parental relation together with the 38 recommendations provided, however that the committee may recommend a 39 placement in a school which uses psychotropic drugs only if such school 40 has a written policy pertaining to such use that is consistent with 41 subdivision four-a of section thirty-two hundred eight of this chapter 42 and that the parent or person in parental relation is given such written 43 policy at the time such recommendation is made. If the child is deter- 44 mined to have dyslexia, as defined in paragraph b of subdivision seven 45 of section three thousand four of this chapter, or a related disorder, 46 the recommendations shall be made by the individual educational planning 47 team, which shall be knowledgeable in the current scientific understand- 48 ing of dyslexia, including the instructional components and approaches 49 for students with dyslexia. If such recommendation is not acceptable to 50 the parent or person in parental relation, such parent or person in 51 parental relation may appeal such recommendation as provided for in 52 section forty-four hundred four of this [ chapter] article. 53 § 3. Clause (b) of subparagraph 3 of paragraph b of subdivision 1 of 54 section 4402 of the education law, as amended by chapter 716 of the laws 55 of 1991, is amended to read as follows:A. 1480 3 1 (b) Make recommendations based upon a written evaluation setting forth 2 the reasons for the recommendations, to the child's parent or person in 3 parental relationship and board of education or trustees as to appropri- 4 ate educational programs and placement in accordance with the provisions 5 of subdivision six of section forty-four hundred one-a of this article, 6 and as to the advisability of continuation, modification, or termination 7 of special class or program placements which evaluation shall be 8 furnished to the child's parent or person in parental relationship 9 together with the recommendations provided, however that the committee 10 may recommend a placement in a school which uses psychotropic drugs only 11 if such school has a written policy pertaining to such use and that the 12 parent or person in parental relationship is given such written policy 13 at the time such recommendation is made. If the child is determined to 14 have dyslexia, as defined in paragraph b of subdivision seven of section 15 three thousand four of this chapter, or a related disorder, the recom- 16 mendations shall be made by the individual educational planning team, 17 which shall be knowledgeable in the instructional components and 18 approaches for students with dyslexia. If such recommendation is not 19 acceptable to the parent or person in parental relationship, such parent 20 or person in parental relationship may appeal such recommendation as 21 provided for in section forty-four hundred four of this [ chapter] arti- 22 cle. 23 § 4. Paragraph a of subdivision 2 of section 4402 of the education 24 law, as amended by section 16-a of part A of chapter 56 of the laws of 25 2014, is amended to read as follows: 26 a. The board of education or trustees of each school district shall be 27 required to furnish suitable educational opportunities for students with 28 disabilities by one of the special services or programs listed in subdi- 29 vision two of section forty-four hundred one of this article. The need 30 of the individual child shall determine which of such services shall be 31 rendered. If the student is a student with dyslexia or a related disor- 32 der, the district shall be required to provide to such student the 33 services of a teacher or instructor trained in dyslexia and related 34 disorders pursuant to subdivision seven of section three thousand four 35 of this chapter. Each district shall provide to the maximum extent 36 appropriate such services in a manner which enables students with disa- 37 bilities to participate in regular education services when appropriate. 38 Such services or programs shall be furnished between the months of 39 September and June of each year, except that for the nineteen hundred 40 eighty-seven--eighty-eight school year and thereafter, with respect to 41 the students whose disabilities are severe enough to exhibit the need 42 for a structured learning environment of twelve months duration to main- 43 tain developmental levels, the board of education or trustees of each 44 school district upon the recommendation of the committee on special 45 education shall also provide, either directly or by contract, for the 46 provision of special services and programs as defined in section forty- 47 four hundred one of this article during the months of July and August as 48 contained in the individualized education program for each eligible 49 student, and with prior approval by the commissioner if required; 50 provided that a student with a disability who is eligible for services, 51 including services during the months of July and August, pursuant to 52 section forty-four hundred ten of this article shall not be eligible to 53 receive services pursuant to this paragraph during the months of July 54 and August. 55 § 5. This act shall take effect on the thirtieth day after it shall 56 have become a law, provided that the amendments to subclause (i) ofA. 1480 4 1 clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 2 4402 of the education law made by section two of this act shall be 3 subject to the expiration and reversion of such clause pursuant to 4 section 22 of chapter 352 of the laws of 2005, as amended, and subdivi- 5 sion d of section 27 of chapter 378 of the laws of 2007, as amended, 6 when upon such date the provisions of section three of this act shall 7 take effect.