Dyslexia Law Updates

Dyslexia Law Updates

October 3, 2023 | Charter Administration

Are you feeling overwhelmed by the recent changes to the dyslexia laws? If so, you are not alone! On June 10, 2023, the Texas Legislature passed House Bill 3928 which prompted many changes to the way we approach dyslexia evaluation, identification, and instruction. At this time, the Student Board of Education (SBOE) is in the process of revising the Dyslexia Handbook and although the agency has until June 30, 2024 to do so, LEAs are still expected to implement the bill this school year. To help LEA’s implement the bill’s requirements, the SBOE has created a Frequently Asked Questions (FAQ) document. Please read on to see what is needed to keep your dyslexia caseload in compliance.

What changes are expected to the Dyslexia Handbook?

This bill will require the SBOE to make the following changes:

  • Revise the Dyslexia Handbook to no longer provide a distinction between standard protocol dyslexia instruction and other types of dyslexia instruction. In other words, it’s expected that all dyslexia instruction will be considered a special education service.
  • Determine the qualifications and training requirements for the dyslexia team member expected to serve on the LEA’s multidisciplinary team and ARD committee team.

What do LEAs need to implement today according to HB 3928?

Some changes include, but are not limited to:

  • If a student is suspected of having dyslexia, and may be a child with a disability, the district must distribute a new TEA form to parents (the link to the form can be found below). This should be distributed with the required Notice of Procedural Safeguards (NPS) form.
  • All districts should operate as if the need for any type of dyslexia instruction, including evidence-based dyslexia programs, demonstrates a need for special education and related services.
  • Section 504 committees should begin to review students continued needs for dyslexia instruction as soon as possible but no later than the end of the 2024-2025 school year. Those who continue to have a need for the program should be referred for special education evaluations.
  • Any student currently receiving a dyslexia program through a Section 504 plan must receive a progress report at least once each grading period. This is also required for special education students with IEPs.

What do I need to do?

Your procedures will need to be updated to include the distribution of the new TEA form titled Overview of Special Education for Parents. This form should be distributed in addition to the Notice of Procedural Safeguards (NPS). It is now available in 27 languages. See link below to access the form.

Your Section 504 committees should begin to review students continued needs for dyslexia instruction. For those students that continue to have a need for the program, they should be referred for special education evaluations.

For any student currently receiving a dyslexia program through a Section 504 plan, a progress report must be distributed to parents at least once each grading period. This is currently a requirement for special education students with an IEP and this now applies for Section 504 students.

Where can I find more information about this bill?

You can access TEA resources to assist with the implementation of HB 3928 from: Dyslexia and Related Disorders | Texas Education Agency

Where can I find the new Overview of Special Education for Parents form?

You can download/print the new form in 27 languages here: Notice of Procedural Safeguards | SPEDTex

Other useful tips:

  • Procedures and processes should be updated to track distribution of the new required parent form. Collect a signature from the parent/guardian if possible.
  • Start the special education referral process for any Section 504 students having a continued need for dyslexia instruction.
  • Ensure your dyslexia interventionist updates their procedures and processes to distribute a student progress report at least once each grading period for ALL dyslexia instruction students since this progress report requirement now applies to Section 504 in addition to special education students.

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