SPECIFIC LEARNING DISABILITY

	FEDERAL AND STATE REQUIREMENTS
Practice	The child must be assessed in all areas of suspected disability. Citations: 300.304(c)(4)
Practice	The group must comply with the EVALUATION PROCEDURES framework.
Practice	In Texas, the group of qualified professionals that determines whether the child is a child with a disability and the educational needs of the child is the child's ADMISSION, REVIEW, AND DISMISSAL COMMITTEE.
	EVALUATION PROCEDURES
Practice	Specific learning disability (SLD) is a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations: Citations: 89.1040(c)(9)(A) 300.8(c)(10)
Practice	The term includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia; and Citations: 89.1040(c)(9)(A) 300.8(c)(10)(i)
Practice	The term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of an intellectual disability, or emotional disability, or of environmental, cultural, or economic disadvantage. Citations: 89.1040(c)(9)(A) 300.8(c)(10)(ii)
Practice	Dyslexia is an example of and meets the definition of a specific learning disability. Citations: TEC 29.0031
Practice	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. Citations: TEC 38.003(d)(1)
Practice	Related disorders include disorders similar to or related to dyslexia, such as developmental auditory imperceptions, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spell disability. Citations: TEC 38.003(d)(2)
Document	The group of qualified professionals that collects or reviews evaluation data in connection with the determination of the child's eligibility based on an SLD must include: Citations: 89.1040(c)(9)(F) 300.308
Document	The child's general education teacher; or Citations: 89.1040(c)(9)(F)(i) 300.308(a)(1) 89.1040(c)(9)(E)(i)
Document	If the child does not have a general education teacher, a general education classroom teacher qualified to teach children of this age; or Citations: 89.1040(c)(9)(F)(ii) 300.308(a)(2) 89.1040(c)(9)(E)(ii)
Document	For a child whose age is less than school age, an individual qualified by the Texas Education Agency (TEA) to teach children of this age; and Citations: 89.1040(c)(9)(F)(iii) 300.308(a)(3) 89.1040(c)(9)(E)(iii)
Document	At least one person qualified to conduct individual diagnostic examinations of children such as: Citations: 89.1040(c)(9)(F) 300.308(b)
Document	A licensed specialist in school psychology/school psychologist; Citations: 89.1040(c)(9)(F) 300.308(b)
Document	An educational diagnostician; Citations: 89.1040(c)(9)(F) 300.308(b)
Document	A speech-language pathologist; or Citations: 89.1040(c)(9)(F) 300.308(b)
Document	A remedial reading teacher. Citations: 89.1040(c)(9)(F) 300.308(b)
Practice	Testing a student for dyslexia or a related disorder means a comprehensive evaluation as described in the EVALUATION PROCEDURES framework, and includes evaluation components as stated in the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders for the identification of dyslexia or a related disorder. Citations: 74.28(a)(2) TEC 38.003
Practice	If a local educational agency (LEA) suspects or has a reason to suspect that a child may have dyslexia, the multidisciplinary evaluation team must include at least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction who: Citations: TEC 29.0031(a) TEC 29.0031(b)
Practice	Holds a licensed dyslexia therapist license; Citations: 89.1040(c)(9)(G)(i)-(iv) TEC 29.0031(b)(1) 74.28
Practice	Holds the most advanced dyslexia-related certification issued by an association recognized by the State Board of Education (SBOE), and identified in, or substantially similar to an association; or Citations: 89.1040(c)(9)(G)(i)-(iv) TEC 29.0031(b)(2) 74.28
Practice	If a member is not available with those credentials, the multidisciplinary evaluation team must include a member who meets the applicable training requirements adopted by the SBOE. Citations: 89.1040(c)(9)(G)(i)-(iv) TEC 29.0031(b)(3) 74.28
Document	The member of the multidisciplinary evaluation team with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction must sign a document describing the member's participation in the evaluation of the child. Citations: TEC 29.0031(c)
Practice	Unless otherwise provided by law, including as required by the EVALUATION PROCEDURES framework, a student determined to have dyslexia during screening or testing 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 LEA reevaluates the information obtained from previous screening or testing of the student as required by the REVIEW OF EXISTING EVALUATION DATA framework. Citations: TEC 38.003(a) TEC 38.003(b-1)
	OBSERVATION
Practice	The LEA must ensure that the child is observed in the child's learning environment, including the general classroom setting, to document the child's academic performance and behavior in the areas of difficulty. Citations: 89.1040(c)(9)(E) 300.310(a)
Practice	In determining whether the child has an SLD, the multidisciplinary team must decide to either: Citations: 89.1040(c)(9)(E) 300.310(b)
Practice	Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or Citations: 89.1040(c)(9)(E) 300.310(b)(1)
Practice	Have at least one member of the group conduct an observation of the child's academic performance in the general education classroom after the child has been referred for an evaluation and CONSENT is obtained from the PARENT. Citations: 89.1040(c)(9)(E) 300.300(a) 300.310(b)(2)
Document	For the child less than school age or out of school, a member of the group of qualified professionals must observe the child in an environment appropriate for a child of that age. Citations: 89.1040(c)(9)(E) 300.310(c)
Document	The documentation of the determination of an SLD eligibility must contain a statement of: Citations: 300.311(a)
Document	The relevant behavior, if any, noted during the observation of the child; and Citations: 300.311(a)(3)
Document	The relationship of that behavior to the child's academic functioning. Citations: 300.311(a)(3)
	DETERMINANT FACTORS
Practice	As part of the evaluation, and in order to ensure that underachievement by the child suspected of having an SLD is not due to lack of appropriate instruction in reading or math, the group of qualified professionals must consider: Citations: 89.1040(c)(9)(D) 300.309(b)
Practice	Data that demonstrates the child was provided appropriate instruction in reading and/or math in the general education settings delivered by qualified personnel; and Citations: 89.1040(c)(9)(D)(i) 300.309(b)(1) 20 USC 1021(7) 89.1040(c)(9)(C)(i)
Practice	Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal evaluation of progress of the child during instruction, which was provided to the parent of the child. Data-based documentation of repeated assessments may include, but is not limited to: Citations: 89.1040(c)(9)(D)(ii) 300.309(b)(2) 89.1040(c)(9)(C)(ii)
Practice	Intervention progress monitoring results and reports; Citations: 89.1040(c)(9)(D)(ii) 89.1040(c)(9)(C)(ii)
Practice	In-class tests on grade-level curriculum; or Citations: 89.1040(c)(9)(D)(ii) 89.1040(c)(9)(C)(ii)
Practice	Other regularly administered assessments. Citations: 89.1040(c)(9)(D)(ii) 89.1040(c)(9)(C)(ii)
Practice	Intervals are considered reasonable if consistent with the assessment requirements of the child's specific instructional program. Citations: 89.1040(c)(9)(D)(ii) 89.1040(c)(9)(C)(ii)
	PARTICIPATION IN THE RESPONSE TO INTERVENTION (RTI) PROCESS
Document	If the child suspected of having an SLD participated in a process that assesses the child's response to evidence-based intervention, the documentation of the determination of eligibility must contain a statement of: Citations: 300.311(a)(7)
Document	The instructional strategies used and the child-centered data collected; and Citations: 300.311(a)(7)(i)
Document	The documentation that the parent of the child was notified about: Citations: 300.311(a)(7)(ii)
Document	The state's policies regarding the amount and nature of performance data of the child that would be collected, and the general education services that would be provided; Citations: 300.311(a)(7)(ii)(A)
Document	Strategies for increasing the child's rate of learning; and Citations: 300.311(a)(7)(ii)(B)
Document	The parent's right to request an evaluation. Citations: 300.311(a)(7)(ii)(C)
	ELIGIBILITY CRITERIA
Document	A child with an SLD impairment is one: Citations: 89.1040(c)(9)(B) 300.309(a)
Document	Who has been determined through a variety of assessment tools and strategies to meet the criteria for the SLD stated above; Citations: 89.1040(c)(9)(B)(i)
Document	Who does not achieve adequately for the child's age or to meet state-approved grade-level standards, in one or more of the following areas: Citations: 89.1040(c)(9)(B)(ii) 300.309(a)(1)
Document	Oral expression; Citations: 89.1040(c)(9)(B)(ii)(I) 300.309(a)(1)(i)
Document	Written expression, which may include dysgraphia; Citations: 89.1040(c)(9)(B)(ii)(III) 300.309(a)(1)(iii)
Document	Listening comprehension; Citations: 89.1040(c)(9)(B)(ii)(II) 300.309(a)(1)(ii)
Document	Basic reading skills, which may include dyslexia; Citations: 89.1040(c)(9)(B)(ii)(IV) 300.309(a)(1)(iv)
Document	Reading fluency skills, which may include dyslexia; Citations: 89.1040(c)(9)(B)(ii)(V) 300.309(a)(1)(v)
Document	Reading comprehension; Citations: 89.1040(c)(9)(B)(ii)(VI) 300.309(a)(1)(vi)
Document	Mathematics calculation; or Citations: 89.1040(c)(9)(B)(ii)(VII) 300.309(a)(1)(vii)
Document	Mathematics problem-solving; Citations: 89.1040(c)(9)(B)(ii)(VIII) 300.309(a)(1)(viii)
Practice	Whose lack of adequate achievement is indicated by performance on multiple measures such as: Citations: 89.1040(c)(9)(B)(ii)
Practice	In-class tests; Citations: 89.1040(c)(9)(B)(ii)
Practice	Grade average over time (e.g., six weeks, semester); Citations: 89.1040(c)(9)(B)(ii)
Practice	Repeated performance on progress monitoring measures; Citations: 89.1040(c)(9)(B)(ii)
Practice	Norm- or criterion-referenced tests; Citations: 89.1040(c)(9)(B)(ii)
Practice	Statewide assessments; or Citations: 89.1040(c)(9)(B)(ii)
Practice	A process based on the child's response to evidence-based intervention; Citations: 89.1040(c)(9)(B)(iii)(I)
Practice	Who does not make sufficient progress under the additional criteria of the RTI Model or the child meets the additional criteria under the Pattern of Strengths and Weaknesses Model. Citations: 89.1040(c)(9)(B)(iii)(II)
Practice	When considering whether the child meets the Eligibility Criteria for an SLD, the presence of a significant variance among specific areas of cognitive function or between specific areas of cognitive function and academic achievement is not required when determining whether a child has a significant learning disability. Citations: 89.1040(c)(9)(C)
	RTI MODEL
Practice	When applying the RTI Model, a finding that the child meets the Eligibility Criteria for an SLD must include a determination that, when provided a process based on the child's response to evidence-based intervention, the child did not make sufficient progress to meet age or state-approved grade-level standards in one or more of these areas: Citations: 89.1040(c)(9)(B)(iii)(I) 300.309(a)(2)(i) 300.311(a)
Document	Oral expression; Citations: 89.1040(c)(9)(B)(ii)(I) 89.1040(c)(9)(B)(iii)(I)
Document	Listening comprehension; Citations: 89.1040(c)(9)(B)(ii)(II) 89.1040(c)(9)(B)(iii)(I)
Document	Written expression, which may include dysgraphia; Citations: 89.1040(c)(9)(B)(ii)(III) 89.1040(c)(9)(B)(iii)(I)
Document	Basic reading skills, which may include dyslexia; Citations: 89.1040(c)(9)(B)(ii)(IV) 89.1040(c)(9)(B)(iii)(I)
Document	Reading fluency skills, which may include dyslexia; Citations: 89.1040(c)(9)(B)(ii)(V) 89.1040(c)(9)(B)(iii)(I)
Document	Reading comprehension; Citations: 89.1040(c)(9)(B)(ii)(VI) 89.1040(c)(9)(B)(iii)(I)
Document	Mathematics calculation; or Citations: 89.1040(c)(9)(B)(ii)(VII) 89.1040(c)(9)(B)(iii)(I)
Document	Mathematics problem solving. Citations: 89.1040(c)(9)(B)(ii)(VIII) 89.1040(c)(9)(B)(iii)(I)
	PATTERN OF STRENGTHS AND WEAKNESSES
Practice	When applying the pattern of strengths and weaknesses model, to find that the child meets the Eligibility Criteria for an SLD, a determination must be made that: Citations: 89.1040(c)(9)(B)(iii)(I)
Practice	The child exhibits a pattern of strengths and weaknesses in: Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Performance; Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Achievement; or Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Both; Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	The pattern is relative to: Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Age; Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	State-approved grade-level standards; or Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	Intellectual development; and Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
Practice	The pattern is relevant to the identification of an SLD using appropriate assessments. Citations: 89.1040(c)(9)(B)(iii)(II) 300.309(a)(2)(ii)
	EXCLUSIONARY FACTORS
Document	The documentation of an SLD eligibility must contain a statement of the determination of the group of qualified professionals concerning the effects on the child's achievement level of: Citations: 89.1040(c)(9)(B)(iii)(II) 300.311(a)(6)
Document	A visual, hearing, or motor disability; Citations: 89.1040(c)(9)(B)(iv)(I) 300.311(a)(6)
Document	An intellectual disability; Citations: 89.1040(c)(9)(B)(iv)(II) 300.311(a)(6)
Document	Emotional disability; Citations: 89.1040(c)(9)(B)(iv)(III) 300.311(a)(6)
Document	Cultural factors; Citations: 89.1040(c)(9)(B)(iv)(IV) 300.311(a)(6)
Document	Environmental or economic disadvantage; or Citations: 89.1040(c)(9)(B)(iv)(V) 300.311(a)(6)
Document	Being emergent bilingual. Citations: 89.1040(c)(9)(B)(iv)(VI) 300.27 300.311(a)(6) 20 USC 7801(20)
Document	The group of qualified professionals must determine that its findings are not primarily the result of: Citations: 89.1040(c)(9)(A) 300.309(a)(3)
Document	A visual, hearing, or motor disability; Citations: 89.1040(c)(9)(B)(iv)(I) 300.309(a)(3)(i)
Document	An intellectual disability; Citations: 89.1040(c)(9)(B)(iv)(II) 300.309(a)(3)(ii)
Document	Emotional disability; Citations: 89.1040(c)(9)(B)(iv)(III) 300.309(a)(3)(iii)
Document	Cultural factors; Citations: 89.1040(c)(9)(B)(iv)(IV) 300.309(a)(3)(iv)
Document	Environmental or economic disadvantage; or Citations: 89.1040(c)(9)(B)(iv)(V) 300.309(a)(3)(v)
Document	Being emergent bilingual. Citations: 89.1040(c)(9)(B)(iv)(VI) 300.309(a)(3)(vi) 300.27 20 USC 7801(20)
	DOCUMENTATION OF ELIGIBILITY
Document	The documentation of the determination of eligibility must contain a statement of: Citations: 300.311(a)
Document	Whether the child has an SLD; Citations: 300.311(a)(1)
Document	The basis for making the determination, including an assurance that the determination has been made in accordance with EVALUATION PROCEDURES; and Citations: 300.311(a)(2)
Document	The educationally relevant medical findings, if any. Citations: 300.311(a)(4)
Document	Each member of the group of qualified professionals must certify in writing whether the report reflects the member's conclusion. Citations: 300.311(b)
Document	If the report does not reflect a group member's conclusion, that group member must submit a separate statement presenting the member's conclusion. Citations: 300.311(b)
Practice	Whose lack of adequate performance is not primarily the result of Exclusionary Factors; and Citations: 300.309(a)(3)
Practice	Whose lack of adequate achievement is not due to Determinant Factors. Citations: 300.309(b)
	NOTIFICATIONS CONCERNING DYSLEXIA AND RELATED DISORDERS
Practice	If an LEA suspects or has a reason to suspect that a student may have dyslexia, including after an evaluation or use of a reading diagnosis, the LEA must: Citations: TEC 29.0031(a)
Practice	Provide the student's parent or a person standing in parental relation to the student a form developed by the TEA explaining the rights available under the Individuals with Disabilities Education Act that may be additional to the rights available under Section 504, Rehabilitation Act of 1973. Citations: TEC 29.0031(a)(1)
Practice	Comply with all federal and state requirements, including the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, as adopted by the SBOE and its subsequent amendments, regarding any evaluation of the student; and Citations: TEC 29.0031(a)(2)
Practice	If the student is evaluated for dyslexia or a related disorder, also evaluate the student in any other areas in which the district suspects the student may have a disability. Citations: TEC 29.0031(a)(3)
Document	At least once each grading period, and more often if provided for in an individualized education program, an LEA must provide the parent or person standing in parental relation to a student receiving dyslexia instruction, with information regarding the student's progress as a result of the student receiving that instruction. Citations: TEC 29.0031(d)

Name	Last Updated On

IMPORTANT NOTE: Please contact the LEA for most current operating procedures.

Name	Last Updated On

Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) Dyslexia is an example of and meets the definition of a specific learning disability under the Individuals with Disabilities Education Act (20 U.S.C. Section 1401(30)). If a district suspects or has a reason to suspect that a student may have dyslexia, including after evaluation or use of a reading diagnosis under Section 28.006 or 38.003, and that the student may be a child with a disability under the Individuals with Disabilities Education Act (20 U.S.C. Section 1401(3)), the district must:

(1) provide to the student's parent or a person standing in parental relation to the student a form developed by the agency explaining the rights available under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) that may be additional to the rights available under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);

(2) comply with all federal and state requirements, including the Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders, as adopted by the State Board of Education, and its subsequent amendments, regarding any evaluation of the student; and

(3) if the student is evaluated for dyslexia or a related disorder, also evaluate the student in any other areas in which the district suspects the student may have a disability.

(b) The multidisciplinary evaluation team and any subsequent team convened to determine a student's eligibility for special education and related services must include at least one member with specific knowledge regarding the reading process, dyslexia and related disorders, and dyslexia instruction. The member must:

(1) hold a licensed dyslexia therapist license under Chapter 403, Occupations Code;

(2) hold the most advanced dyslexia-related certification issued by an association recognized by the State Board of Education, and identified in, or substantially similar to an association identified in, the program and rules adopted under Sections 7.102 and 38.003; or

(3) if a person qualified under Subdivision (1) or (2) is not available, meet the applicable training requirements adopted by the State Board of Education pursuant to Sections 7.102 and 38.003.

(c) A member of a multidisciplinary evaluation team and any subsequent team convened to determine a student's eligibility for special education and related services as described by Subsection (b) must sign a document describing the member's participation in the evaluation of a student described by that subsection and any resulting individualized education program developed for the student.

(d) At least once each grading period, and more often if provided for in a student's individualized education program, a school district shall provide the parent of or person standing in parental relation to a student receiving dyslexia instruction with information regarding the student's progress as a result of the student receiving that instruction.

Added by Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 3, eff. June 10, 2023.

Texas Education Code § 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 provide for the treatment of any student determined to have dyslexia or a related disorder.

(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; and
(3) develop reasonable and appropriate remedial strategies to address school district noncompliance and ensure the purposes of this section are accomplished.

(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.

Last Amended: 86th Leg., R.S., Ch. 450 (S.B. 2075), Sec. 3, eff. June 4, 2019
Entered: July 18, 2019
SBS

19 Texas Administrative Code § 74.28. Students with Dyslexia and Related Disorders.

(a) In order to support and maintain full educational opportunity for students with dyslexia and related disorders and consistent with federal and state law, school districts and open-enrollment charter schools shall provide each student with dyslexia or a related disorder access to each program under which the student qualifies for services.

(b) The board of trustees of a school district or the governing body of an open-enrollment charter school must ensure that procedures for identifying a student with dyslexia or a related disorder and for providing appropriate, evidence-based instructional services to the student are implemented in the district.

(c) A school district's or open-enrollment charter school's procedures must be implemented according to the State Board of Education (SBOE) approved strategies for screening, individualized evaluation, and techniques for treating dyslexia and related disorders. The strategies and techniques are described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" provided in this subsection. The handbook is a set of guidelines for school districts and open-enrollment charter schools that may be modified by the SBOE only with broad-based dialogue that includes input from educators and professionals in the field of reading and dyslexia and related disorders from across the state.

(d) Screening as described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders" and further evaluation should only be conducted by individuals who are trained in valid, evidence-based assessments and who are trained to appropriately evaluate students for dyslexia and related disorders.

(e) A school district or open-enrollment charter school shall purchase a reading program or develop its own evidence-based reading program for students with dyslexia and related disorders that is aligned with the descriptors found in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." Teachers who screen and treat these students must be trained in instructional strategies that use individualized, intensive, multisensory, phonetic methods and a variety of writing and spelling components described in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." The professional development activities specified by each open-enrollment charter school and district and/or campus planning and decision making committee shall include these instructional strategies.

(f) At least five school days before any evaluation or identification procedure is used selectively with an individual student, the school district or open-enrollment charter school must provide written notification to the student's parent or guardian or another person standing in parental relation to the student of the proposed identification or evaluation. The notice must be in English, or to the extent practicable, the individual's native language and must include the following:
(1) a reasonable description of the evaluation procedure to be used with the individual student;
(2) information related to any instructional intervention or strategy used to assist the student prior to evaluation;
(3) an estimated time frame within which the evaluation will be completed; and
(4) specific contact information for the campus point of contact, relevant Parent Training and Information Projects, and any other appropriate parent resources.

(g) Before a full individual and initial evaluation is conducted to determine whether a student has a disability under the Individuals with Disabilities Education Act (IDEA), the school district or open-enrollment charter school must notify the student's parent or guardian or another person standing in parental relation to the student of its proposal to conduct an evaluation consistent with 34 Code of Federal Regulations (CFR), §300.503, provide all information required under subsection (f) of this section, and provide:
(1) a copy of the procedural safeguards notice required by 34 CFR, §300.504;
(2) an opportunity to give written consent for the evaluation; and
(3) a copy of information required under Texas Education Code (TEC), §26.0081.

(h) Parents/guardians of a student with dyslexia or a related disorder must be informed of all services and options available to the student, including general education interventions under response to intervention and multi-tiered systems of support models as required by TEC, §26.0081(d), and options under federal law, including IDEA and the Rehabilitation Act, §504.

(i) Each school or open-enrollment charter school must provide each identified student access at his or her campus to instructional programs required in subsection (e) of this section and to the services of a teacher trained in dyslexia and related disorders. The school district or open-enrollment charter school may, with the approval of each student's parents or guardians, offer additional services at a centralized location. Such centralized services shall not preclude each student from receiving services at his or her campus.

(j) Because early intervention is critical, a process for early identification, intervention, and support for students at risk for dyslexia and related disorders must be available in each district and open-enrollment charter school as outlined in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders." School districts and open-enrollment charter schools may not use early intervention strategies, including multi-tiered systems of support, to delay or deny the provision of a full and individual evaluation to a child suspected of having a specific learning disability, including dyslexia or a related disorder.

(k) Each school district and open-enrollment charter school shall report through the Texas Student Data System Public Education Information Management System (TSDS PEIMS) the results of the screening for dyslexia and related disorders required for each student in Kindergarten and each student in Grade 1 in accordance with TEC, §38.003(a).

(l) Each school district and open-enrollment charter school shall provide a parent education program for parents/guardians of students with dyslexia and related disorders. This program must include:
(1) awareness and characteristics of dyslexia and related disorders;
(2) information on testing and diagnosis of dyslexia and related disorders;
(3) information on effective strategies for teaching students with dyslexia and related disorders;
(4) information on qualifications of those delivering services to students with dyslexia and related disorders;
(5) awareness of information on accommodations and modifications, especially those allowed for standardized testing;
(6) information on eligibility, evaluation requests, and services available under IDEA and the Rehabilitation Act, §504, and information on the response to intervention process; and
(7) contact information for the relevant regional and/or school district or open-enrollment charter school specialists.

(m) School districts and open-enrollment charter schools shall provide to parents of children suspected to have dyslexia or a related disorder a copy or a link to the electronic version of the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders."

(n) School districts and open-enrollment charter schools will be subject to monitoring for compliance with federal law and regulations in connection with this section.
School districts and open-enrollment charter schools will be subject to auditing and monitoring for compliance with state dyslexia laws in accordance with administrative rules adopted by the commissioner of education as required by TEC, §38.003(c-1).

Last Amended: February 10, 2022, 47 TexReg 504
Entered: February 22, 2022

34 Code of Federal Regulations § 300.311 Specific documentation for the eligibility determination.

(a) For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in §300.306(a)(2), must contain a statement of—
    (1) Whether the child has a specific learning disability;
   (2) The basis for making the determination, including an assurance that the determination has been made in accordance with §300.306(c)(1);
   (3) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child’s academic functioning;
   (4) The educationally relevant medical findings, if any;
   (5) Whether—
       (i) The child does not achieve adequately for the child’s age or to meet State-approved grade-level standards consistent with §300.309(a)(1); and
      (ii)
          (A) The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with §300.309(a)(2)(i); or
          (B) The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with §300.309(a)(2)(ii);
    (6) The determination of the group concerning the effects of a visual, hearing, motor disability, or an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level; and
   (7) If the child has participated in a process that assesses the child’s response to scientific, research-based intervention—
       (i) The instructional strategies used and the student-centered data collected; and
      (ii) The documentation that the child’s parents were notified about—
         (A) The State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
         (B) Strategies for increasing the child’s rate of learning; and
         (C) The parents’ right to request an evaluation.
. . .

Last Amended: 82 FR 31913, July 11, 2017
Entered: Aug. 7, 2017

SPECIFIC LEARNING DISABILITY

SPECIFIC LEARNING DISABILITY

Authorities: 20 USC §§ 1021, 7801; 34 CFR Part 300; Texas Education Code; 19 TAC Chapters 74, 89