The State Board of Education must set dyslexia screening criteria and rules, and school district trustees must provide treatment and adopt a compliance policy.
Sec. 38.003. SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS. (a) The State Board of Education shall identify the necessary criteria and elements that provide for universal screening for dyslexia and related disorders for students in kindergarten and first grade. (a-1) The criteria and elements identified under Subsection (a) must be included in the reading instruments adopted or approved under Section 28.0063 and administered in accordance with the timelines established under that section. (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, which may include the publication of a recommended evidence-based dyslexia program list; (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; and (5) engage in general supervision activities, including activities under the comprehensive system for monitoring described by Section 29.010, to ensure school district compliance with the program approved by the State Board of Education under this section and Part B, Individuals with Disabilities Education Act (20 U.S.C. Section 1411 et seq.). (d) Repealed by Acts 2025, 89th Leg., R.S., Chs. 1065 (H.B. 2), Sec. 4.63(11), and 1137 (S.B. 568), Sec. 64(11), eff. June 20, 2025. 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. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.52, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.63(11), eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.22, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 52, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 64(11), eff. June 20, 2025.