SENATE DOCKET, NO. 1498        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 294

The Commonwealth of Massachusetts

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PRESENTED BY:

Barbara A. L'Italien

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to students with dyslexia.

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PETITION OF:

SENATE DOCKET, NO. 1498        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 294

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 312 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to students with dyslexia.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Whereas, the term dyslexia is undefined in the Massachusetts General Laws;

Whereas the lack of specificity in diagnosing dyslexia is causing an impediment to effective intervention resulting in an  average time between identification of risk factors for dyslexia and reading at-grade-level of more than two years;

Whereas many students who receive appropriate intervention and instruction can make the necessary progress to read at grade level;

Therefore, it is essential to implement early screening and intervention for students for Dyslexia.

SECTION 1: Section 1 of Chapter 71B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after the second paragraph, the following paragraph:-

“Dyslexia” shall have the same meaning as the most recent definition by the National Institute of Health.

SECTION 2: Section 38G1/2 of Chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after the fourth paragraph, the following paragraph:-

“Dyslexia” shall have the same meaning as the most recent definition by the National Institute of Health.

SECTION 3: Chapter 70 of the General Laws is hereby amended by inserting the following new section:-

Section 97.  Dyslexia Screening

“The department of elementary and secondary education shall develop guidelines for the screening of all students, before the end of Kindergarten, for the identification of characteristics that are associated with risk factors for dyslexia, as defined by the National Institute of Health.  Such screening shall be completed using evidence-based testing methodologies and shall include tests to identify deficits in phonemic awareness, rapid automatized naming, and letter sound knowledge.  Students identified as having characteristics associated with risk factors for dyslexia pursuant to this section shall be referred for evaluation for special education services pursuant to Section xxx of Chapter 71B.”

SECTION 4: Section 38G of Chapter 71 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, in line 266 after the word “disabilities,” the following words:-

including dyslexia,

SECTION 5: Said section 38G1/2 of said Chapter 71, as so appearing, is hereby further amended by adding the following paragraph:-

The board shall provide an endorsement in dyslexia which shall include both coursework and field experience for licensed general and special education teachers to acquire the competencies necessary to use the scientifically based reading research and evidenced based practices to instructing and remediating students with dyslexia, develop appropriate IEP programs, enable students with dyslexia to effectively access grade-level curriculum, and consult and collaborate with other educators in order to meet the unique and complex educational needs of students with dyslexia. All content taught as part of this specialization shall be consistent with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., for evidence based practices, and 20 U.S.C. §6368(3) for scientifically based reading research. The requirements for the endorsement in dyslexia, as promulgated by the board, may also be used to satisfy course requirements necessary to obtain a professional license. The board shall promulgate regulations specifying the subject matter knowledge, skills and competencies required for such endorsement, including requirements to incorporate renewal of the endorsement as part of the individual professional development plan required pursuant to section 38G. Said regulations shall also specify components necessary for preparation programs offering an endorsement in dyslexia, which shall be included in the department’s process for approving preparation programs.

SECTION 6: Section 3 of said Chapter 71B, as so appearing, is hereby amended by inserting, at the end of paragraph 8, the following words:

Whenever an evaluation indicates that a child has dyslexia, as defined by the National Institute of Health , the Individualized Education Program (IEP) team, as defined by regulations of the department, shall consider and specifically address the following: access to evidence-based, sequenced, explicit multisensory reading instruction; access to assistive technology; access to teachers and teaching assistants who have obtained the dyslexia endorsement pursuant to Section 38G1/2 of Chapter 71 of the General Laws; and effective access to grade-level curriculum.