HB4406 101ST GENERAL ASSEMBLY

LRB101 17103 CMG 66503 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4406

Introduced 1/29/2020, by Rep. Lindsay Parkhurst

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.161
105 ILCS 5/10-20.73 new
105 ILCS 5/34-18.66 new

Amends the School Code. Provides for dyslexia screening guidelines and rules. Requires the State Board of Education to employ at least 5 dyslexia specialists or dyslexia therapists with a minimum of 5 years of field experience in screening, identifying, and treating dyslexia and related disorders to provide technical assistance and training. Provides that, beginning with the 2020-2021 school year, each school district must screen students in grades kindergarten through second (and in higher grades under certain circumstances) for the risk factors of dyslexia using a universal screener approved by the State Board. Sets forth what the screening must include. Provides for additional screening for a student who is determined to be at risk, or at some risk, for dyslexia to determine if a student has the characteristics of dyslexia. Requires the use of a multi-tiered system of support framework if screening indicates that a student has some risk factors for dyslexia or has the characteristics of dyslexia. Sets forth provisions concerning exceptions to screening, dyslexia intervention services, and reporting. Effective July 1, 2020.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 2-3.161 and by adding Sections 10-20.73 and 34-18.66 as follows:

(105 ILCS 5/2-3.161)

Sec. 2-3.161. Definition of dyslexia; reading instruction advisory group; handbook; screening rules; employment of specialists.

(a) The State Board of Education shall incorporate, in both general education and special education, the following definition of dyslexia:

Dyslexia is a specific learning disability that is neurobiological in origin. Dyslexia is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(b) Subject to specific State appropriation or the availability of private donations, the State Board of Education shall establish an advisory group to develop a training module or training modules to provide education and professional development to teachers, school administrators, and other education professionals regarding multi-sensory, systematic, and sequential instruction in reading. This advisory group shall complete its work before December 15, 2015 and is abolished on December 15, 2015. The State Board of Education shall reestablish the advisory group abolished on December 15, 2015 to complete the abolished group's work. The reestablished advisory group shall complete its work before December 31, 2016 and is abolished on December 31, 2016. The provisions of this subsection (b), other than this sentence, are inoperative after December 31, 2016.

(c) The State Board of Education shall develop and maintain a handbook to be made available on its Internet website that provides guidance for pupils, parents or guardians, and teachers on the subject of dyslexia. The handbook shall include, but is not limited to:

(1) guidelines for teachers and parents or guardians on how to identify signs of dyslexia;

(2) a description of educational strategies that have been shown to improve the academic performance of pupils with dyslexia; and

(3) a description of resources and services available to pupils with dyslexia, parents or guardians of pupils with dyslexia, and teachers; and .

(4) guidelines on the administration of a universal screener and Level I dyslexia screening, the interpretation of data from these screeners, and the resulting appropriate instruction within a multi-tiered system of support (MTSS) framework.

The State Board shall review the handbook on or before January 1, 2021 and at least once every 4 years thereafter to update, if necessary, the guidelines, educational strategies, or resources and services made available in the handbook.

(d) The State Board of Education shall adopt any rules necessary to ensure that a student will be screened, as provided under Section 10-20.73 or 34-18.66, for the risk factors of dyslexia using a universal screener:

(1) if a student is in any of grades kindergarten through second in the public schools;

(2) if a student in any of grades kindergarten through second:

(A) transfers to a new public school; and

(B) has not been screened previously during the school year;

(3) if a student in grade 3 or higher in the public schools has difficulty, as determined by a classroom teacher, in:

(A) phonological and phonemic awareness;

(B) sound symbol recognition;

(C) alphabet knowledge;

(D) decoding skills;

(E) rapid naming skills;

(F) encoding skills; or

(G) oral reading fluency; and

(4) if a student from another state enrolls for the first time in any of grades kindergarten through second in a school district in this State, unless the student presents documentation that the student:

(A) had the dyslexia screening or a similar screening during the school year; or

(B) is exempt from screening.

(e) The State Board of Education shall adopt any rules necessary to ensure that a student receives dyslexia intervention services under Section 10-20.73 or 34-18.66.

(f) No later than January 1, 2021, the State Board of Education shall employ at least 5 dyslexia specialists or dyslexia therapists with a minimum of 5 years of field experience in screening, identifying, and treating dyslexia and related disorders to provide both of the following:

(1) Technical assistance for dyslexia and related disorders to the State Board and school districts.

(2) Training to school district employees in:

(A) administering a universal screener and Level I dyslexia screening;

(B) analyzing and interpreting screening data; and

(C) determining, within the MTSS framework, appropriate dyslexia intervention services under Section 10-20.73 or 34-18.66.

(Source: P.A. 99-65, eff. 7-16-15; 99-78, eff. 7-20-15; 99-602, eff. 7-22-16; 99-603, eff. 7-22-16; 100-201, eff. 8-18-17; 100-617, eff. 7-20-18.)

(105 ILCS 5/10-20.73 new)

Sec. 10-20.73. Dyslexia screening and support required.

(a) In this Section:

"Level I dyslexia screening" means a process, as determined by the school district, for gathering additional information to determine if the characteristics of dyslexia are present.

"Universal screener" means an assessment used to aid educators in understanding the causes for student performance, learning strengths, and the needs that underlie student performance. The assessment is conducted to identify or predict students who may be at risk for poor learning outcomes and is typically brief and conducted with all students at a particular grade level.

(b) Beginning with the 2020-2021 school year, each school district must screen students in grades kindergarten through second for the risk factors of dyslexia using a universal screener approved by the State Board of Education. The screening of students must include, as developmentally appropriate, all of the following:

(1) Phonological and phonemic awareness.

(2) Sound symbol recognition.

(3) Alphabet knowledge.

(4) Decoding skills.

(5) Rapid naming skills.

(6) Encoding skills.

(7) Oral reading fluency.

(c) If a student is determined to be at risk, or at some risk, for dyslexia after the universal screener has been administered under subsection (b), the school district must administer a Level I dyslexia screening of the student. Through the Level I dyslexia screening, the school district must gather additional information to determine if the student has the characteristics of dyslexia. The additional information may include, but is not limited to, information from progress monitoring data, work samples, additional age and grade-appropriate assessments related to dyslexia, teacher questionnaires, parent interviews, information regarding the student's family history related to dyslexia, and speech and language assessments.

(d) If the universal screener or the Level I dyslexia screening indicates that a student has some risk factors for dyslexia or the characteristics of dyslexia, the school must use a multi-tiered system of support (MTSS) framework to address the needs of the student.

(e) Before a school district administers a Level I dyslexia screening to a student, the parent or guardian of the student must consent to the screening. A school district is not required to administer a Level I dyslexia screening to a student if:

(1) the parent or guardian of the student objects to the screening; or

(2) the student is receiving dyslexia intervention services.

(f) If a student's performance on a Level I dyslexia screening indicates a need for dyslexia intervention services, the school district must do both of the following:

(1) Notify the student's parent or guardian of the results of all screenings.

(2) Provide the student's parent or guardian with information and resource material that includes all of the following:

(A) The characteristics of dyslexia.

(B) The appropriate classroom interventions and accommodations for students with dyslexia.

(C) A statement that the parent or guardian may elect to have the student receive an educational evaluation by the school.

(g) If the student's Level I dyslexia screening indicates that the student has characteristics of dyslexia and needs dyslexia intervention services, the dyslexia intervention services provided to the student must be implemented using diagnostic teaching guidelines outlined in the Knowledge and Practice Standards for Teachers of Reading created by the International Dyslexia Association. The dyslexia intervention services must:

(1) provide explicit, direct, systematic, sequential, and cumulative instruction that adheres to a logical plan about the alphabetic principle and is designed to accommodate the needs of each individual student without presuming prior skills or knowledge; each teaching plan must be flexible, must be based on the individualized instructional needs of the student through continuous assessment, and must include a periodic evaluation of the student's progress;

(2) implement evidence-based practices that have been proven effective in the treatment of dyslexia;

(3) engage the student in multi-sensory and hands-on activities;

(4) include phonemic awareness activities to enable the student to detect, segment, blend, and manipulate sounds in the spoken language;

(5) provide graphophonemic knowledge for teaching the letter sound plan of the English language;

(6) teach the structure and patterns of the English language, including linguistic instruction in morphology, semantics, syntax, and pragmatics, that is directed toward proficiency and fluency with the patterns of language so that words and sentences are the carriers of meaning;

(7) develop strategies that advance the student's ability in decoding, encoding, word recognition, fluency, and comprehension; and

(8) provide meaning-based instruction directed at purposeful reading and writing, with an emphasis on comprehension and composition.

(h) On or before July 1, 2021 and on or before each July 1 thereafter, each school district must report to the State Board of Education the number of students who were:

(1) administered a universal screener during the school year; and

(2) determined to be at risk, or at some risk, for dyslexia.

(i) On or before July 1, 2021 and on or before each July 1 thereafter, each school district must report on its Internet website all of the following information:

(1) The dyslexia intervention services that were used during the previous school year to assist students with dyslexia.

(2) The number of students during the previous school year who received dyslexia intervention services under this Section.

(3) The total number of students identified with the characteristics of dyslexia during the school year.

(105 ILCS 5/34-18.66 new)

Sec. 34-18.66. Dyslexia screening and support required.

(a) In this Section:

"Level I dyslexia screening" means a process, as determined by the school district, for gathering additional information to determine if the characteristics of dyslexia are present.

"Universal screener" means an assessment used to aid educators in understanding the causes for student performance, learning strengths, and the needs that underlie student performance. The assessment is conducted to identify or predict students who may be at risk for poor learning outcomes and is typically brief and conducted with all students at a particular grade level.

(b) Beginning with the 2020-2021 school year, the school district must screen students in grades kindergarten through second for the risk factors of dyslexia using a universal screener approved by the State Board of Education. The screening of students must include, as developmentally appropriate, all of the following:

(1) Phonological and phonemic awareness.

(2) Sound symbol recognition.

(3) Alphabet knowledge.

(4) Decoding skills.

(5) Rapid naming skills.

(6) Encoding skills.

(7) Oral reading fluency.

(c) If a student is determined to be at risk, or at some risk, for dyslexia after the universal screener has been administered under subsection (b), the school district must administer a Level I dyslexia screening of the student. Through the Level I dyslexia screening, the school district must gather additional information to determine if the student has the characteristics of dyslexia. The additional information may include, but is not limited to, information from progress monitoring data, work samples, additional age and grade-appropriate assessments related to dyslexia, teacher questionnaires, parent interviews, information regarding the student's family history related to dyslexia, and speech and language assessments.

(d) If the universal screener or the Level I dyslexia screening indicates that a student has some risk factors for dyslexia or the characteristics of dyslexia, the school must use a multi-tiered system of support (MTSS) framework to address the needs of the student.

(e) Before a school district administers a Level I dyslexia screening to a student, the parent or guardian of the student must consent to the screening. The school district is not required to administer a Level I dyslexia screening to a student if:

(1) the parent or guardian of the student objects to the screening; or

(2) the student is receiving dyslexia intervention services.

(f) If a student's performance on a Level I dyslexia screening indicates a need for dyslexia intervention services, the school district must do both of the following:

(1) Notify the student's parent or guardian of the results of all screenings.

(2) Provide the student's parent or guardian with information and resource material that includes all of the following:

(A) The characteristics of dyslexia.

(B) The appropriate classroom interventions and accommodations for students with dyslexia.

(C) A statement that the parent or guardian may elect to have the student receive an educational evaluation by the school.

(g) If the student's Level I dyslexia screening indicates that the student has characteristics of dyslexia and needs dyslexia intervention services, the dyslexia intervention services provided to the student must be implemented using diagnostic teaching guidelines outlined in the Knowledge and Practice Standards for Teachers of Reading created by the International Dyslexia Association. The dyslexia intervention services must:

(1) provide explicit, direct, systematic, sequential, and cumulative instruction that adheres to a logical plan about the alphabetic principle and is designed to accommodate the needs of each individual student without presuming prior skills or knowledge; each teaching plan must be flexible, must be based on the individualized instructional needs of the student through continuous assessment, and must include a periodic evaluation of the student's progress;

(2) implement evidence-based practices that have been proven effective in the treatment of dyslexia;

(3) engage the student in multi-sensory and hands-on activities;

(4) include phonemic awareness activities to enable the student to detect, segment, blend, and manipulate sounds in the spoken language;

(5) provide graphophonemic knowledge for teaching the letter sound plan of the English language;

(6) teach the structure and patterns of the English language, including linguistic instruction in morphology, semantics, syntax, and pragmatics, that is directed toward proficiency and fluency with the patterns of language so that words and sentences are the carriers of meaning;

(7) develop strategies that advance the student's ability in decoding, encoding, word recognition, fluency, and comprehension; and

(8) provide meaning-based instruction directed at purposeful reading and writing, with an emphasis on comprehension and composition.

(h) On or before July 1, 2021 and on or before each July 1 thereafter, the school district must report to the State Board of Education the number of students who were:

(1) administered a universal screener during the school year; and

(2) determined to be at risk, or at some risk, for dyslexia.

(i) On or before July 1, 2021 and on or before each July 1 thereafter, the school district must report on its Internet website all of the following information:

(1) The dyslexia intervention services that were used during the previous school year to assist students with dyslexia.

(2) The number of students during the previous school year who received dyslexia intervention services under this Section.

(3) The total number of students identified with the characteristics of dyslexia during the school year.

Section 99. Effective date. This Act takes effect July 1, 2020.