SB2936 102ND GENERAL ASSEMBLY

LRB102 20856 CMG 29737 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2936

Introduced 10/19/2021, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.161
105 ILCS 5/10-20.76 new
105 ILCS 5/34-18.70 new

Amends the School Code. Provides for dyslexia screening guidelines and rules. Requires the State Board of Education to provide technical assistance for specific learning disabilities to school districts. Provides that, beginning with the 2022-2023 school year, each school district must screen students in grades kindergarten through second for the risk factors of dyslexia using a universal screener. 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 the 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, 2022.

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 10-20.76 and 34-18.70 as follows:

(105 ILCS 5/2-3.161)

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

(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 the screener or screening, and the resulting appropriate instruction within a multi-tiered system of support (MTSS) framework.

The State Board shall review the handbook once every 4 years 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 is screened, as provided under Section 10-20.76 or 34-18.70, 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; and

(3) 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 (i) a student is screened, as provided under Section 10-20.76 or 34-18.70, for the characteristics of dyslexia using a Level I dyslexia screening and (ii) a student receives dyslexia intervention services under Section 10-20.76 or 34-18.70.

(f) The State Board of Education shall provide technical assistance for specific learning disabilities to school districts, including assistance with universal screeners and Level I dyslexia screenings.

(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 5/10-20.76 new)

Sec. 10-20.76. 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 2022-2023 school year, each school district must screen students in grades kindergarten through second for the risk factors of dyslexia using a universal screener. 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) A school district is not required to administer a Level I dyslexia screening to a student if 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, the dyslexia intervention services provided to the student must be implemented using diagnostic teaching guidelines described in the handbook developed under Section 2-3.161.

(h) On or before July 1, 2023 and on or before each July 1 thereafter, each school district must report all of the following information to the State Board of Education:

(1) The number of students who were administered a universal screener during the school year.

(2) The number of students who were determined to be at risk, or at some risk, for dyslexia.

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

(4) The total number of students identified with the characteristics of dyslexia during the school year. The State Board of Education shall publish the information collected from the reports submitted by school districts on its Internet website.

(105 ILCS 5/34-18.70 new)

Sec. 34-18.70. 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 2022-2023 school year, the school district must screen students in grades kindergarten through second for the risk factors of dyslexia using a universal screener. 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) The school district is not required to administer a Level I dyslexia screening to a student if 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, the dyslexia intervention services provided to the student must be implemented using diagnostic teaching guidelines described in the handbook developed under Section 2-3.161.

(h) On or before July 1, 2023 and on or before each July 1 thereafter, the school district must report all of the following information to the State Board of Education:

(1) The number of students who were administered a universal screener during the school year.

(2) The number of students who were determined to be at risk, or at some risk, for dyslexia.

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

(4) The total number of students identified with the characteristics of dyslexia during the school year. The State Board of Education shall publish the information collected from the report on its Internet website.

Section 99. Effective date. This Act takes effect July 1, 2022.