2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 38 - Health and Safety › Subchapter A. General Provisions › Section 38.003. Screening and Treatment for Dyslexia and Related Disorders

Sec. 38.003.  SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS.  (a)  Students enrolling in public schools in this state shall be screened or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education.  The program must include screening at the end of the school year of each student in kindergarten and each student in the first grade.
(b)  In accordance with the program approved by the State Board of Education, the board of trustees of each school district shall:
(1)  provide for the treatment of any student determined to have dyslexia or a related disorder; and
(2)  adopt and implement a policy requiring the district to comply with all rules and standards adopted by the State Board of Education to implement the program, including:
(A)  the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, as adopted by the State Board of Education, and its subsequent amendments; and
(B)  guidance published by the commissioner to assist the district in implementing the program.
(b-1)  Unless otherwise provided by law, a student determined to have dyslexia during screening or testing under Subsection (a) or accommodated because of dyslexia may not be rescreened or retested for dyslexia for the purpose of reassessing the student's need for accommodations until the district reevaluates the information obtained from previous screening or testing of the student.
(c)  Subject to Subsection (c-1), the State Board of Education shall adopt any rules and standards necessary to administer this section.
(c-1)  The agency by rule shall develop procedures designed to allow the agency to:
(1)  effectively audit and monitor and periodically conduct site visits of all school districts to ensure that districts are complying with this section, including the program approved by the State Board of Education under this section;
(2)  identify any problems school districts experience in complying with this section, including the program approved by the State Board of Education under this section;
(3)  develop reasonable and appropriate remedial strategies to address school district noncompliance and ensure the purposes of this section are accomplished; and
(4)  solicit input from parents of students enrolled in a school district during the auditing and monitoring of the district under Subdivision (1) regarding the district's implementation of the program approved by the State Board of Education under this section.
(d)  In this section:
(1)  "Dyslexia" means a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and sociocultural opportunity.
(2)  "Related disorders" includes disorders similar to or related to dyslexia, such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 3, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 1044 (H.B. 1886), Sec. 5, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 3, eff. June 4, 2019.
Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 6, eff. June 10, 2023.