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A01480 Summary:

BILL NOA01480
 
SAME ASSAME AS S02534
 
SPONSORSimon
 
COSPNSRDinowitz, 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
 
MLTSPNSRAbbate, 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.
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A01480 Actions:

BILL NOA01480
 
01/12/2017referred to education
01/03/2018referred to education
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A01480 Memo:

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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A01480 Text:



 
                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.
                                                                   LBD00474-01-7

        A. 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) of

        A. 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.
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