Requires the certification or training of teachers, administrators and instructors in the area of dyslexia and related disorders

Section 2 of this bill 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 dyslexia or related learning disorder.

Section 3 of this bill 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 4 of this bill 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 5 of this bill provides that this act shall take effect on the thirtieth day after it shall have become a law, provided that the amendments to subclause (i) of clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law made by section two of this act shall be subject to the expiration and reversion of such clause pursuant to section 22 of chapter 352 of the laws of 2005, as amended, and subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section three of this act shall take effect.

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. Approximately 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 symptoms. 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 children 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 from 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 individualized education program (IEP) under the IDEA. The purpose of this guidance is to clarify that there is nothing in the IDEA that would prohibit 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 disabilities 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 disability.

Prior legislative history

New Bill

Fiscal implications

To be determined.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law, provided that the amendments to subclause (i) of clause (b) of subparagraph 3 of paragraph b of subdivision 1 of section 4402 of the education law made by section two of this act shall be subject to the expiration and reversion of such clause pursuant to section 22 of chapter 352 of the laws of 2005, as amended, and subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section three of this act shall take effect.