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Texas MLD Law

 Note: HB 402 DID NOT PASS
It was refe=ed to the Public Education Committee on 2/19/2011,
(Where it died).

82R3312 CAS-D      

Effective September 1, 2011 or sooner by vote.
[Source: www.legis.state.tx.us/tlodocs/82R/billtext/html/HB00402I.htm]
 By: FletcherH.B. No. 402
 relating to public school students who have dyscalculia.
        SECTION 1.  Section 7.102(c)(28), Education Code, is amended
 to read as follows:
              (28)  The board shall approve a program for testing
 students for dyslexia and related disorders and for dyscalculia as
 provided by Section 38.003.
        SECTION 2.  Section 11.252(a), Education Code, is amended to
 read as follows:
        (a)  Each school district shall have a district improvement
 plan that is developed, evaluated, and revised annually, in
 accordance with district policy, by the superintendent with the
 assistance of the district-level committee established under
 Section 11.251. The purpose of the district improvement plan is to
 guide district and campus staff in the improvement of student
 performance for all student groups in order to attain state
 standards in respect to the student achievement indicators adopted
 under Section 39.053. The district improvement plan must include
 provisions for:
              (1)  a comprehensive needs assessment addressing
 district student performance on the student achievement
 indicators, and other appropriate measures of performance, that are
 disaggregated by all student groups served by the district,
 including categories of ethnicity, socioeconomic status, sex, and
 populations served by special programs, including students in
 special education programs under Subchapter A, Chapter 29;
              (2)  measurable district performance objectives for
 all appropriate student achievement indicators for all student
 populations, including students in special education programs
 under Subchapter A, Chapter 29, and other measures of student
 performance that may be identified through the comprehensive needs
              (3)  strategies for improvement of student performance
 that include:
                    (A)  instructional methods for addressing the
 needs of student groups not achieving their full potential;
                    (B)  methods for addressing the needs of students
 for special programs, such as suicide prevention, conflict
 resolution, violence prevention, or dyslexia or dyscalculia
 treatment programs;
                    (C)  dropout reduction;
                    (D)  integration of technology in instructional
 and administrative programs;
                    (E)  discipline management;
                    (F)  staff development for professional staff of
 the district;
                    (G)  career education to assist students in
 developing the knowledge, skills, and competencies necessary for a
 broad range of career opportunities; and
                    (H)  accelerated education;
              (4)  strategies for providing to middle school, junior
 high school, and high school students, those students' teachers and
 counselors, and those students' parents information about:
                    (A)  higher education admissions and financial
 aid opportunities;
                    (B)  the TEXAS grant program and the Teach for
 Texas grant program established under Chapter 56;
                    (C)  the need for students to make informed
 curriculum choices to be prepared for success beyond high school;
                    (D)  sources of information on higher education
 admissions and financial aid;
              (5)  resources needed to implement identified
              (6)  staff responsible for ensuring the accomplishment
 of each strategy;
              (7)  timelines for ongoing monitoring of the
 implementation of each improvement strategy; and
              (8)  formative evaluation criteria for determining
 periodically whether strategies are resulting in intended
 improvement of student performance.
        SECTION 3.  Section 12.012(c), Education Code, is amended to
 read as follows:
        (c)  This section does not permit a home-rule school district
 to discriminate against a student who has been diagnosed as having a
 learning disability, including dyslexia, dyscalculia, or attention
 deficit/hyperactivity disorder. Discrimination prohibited by this
 subsection includes denial of placement in a gifted and talented
 program if the student would otherwise be qualified for the program
 but for the student's learning disability. This section does not
 permit a home-rule school district to, on the basis of race,
 socioeconomic status, learning disability, or family support
 status, place a student in a program other than the highest-level
 program necessary to ensure the student's success.
        SECTION 4.  Section 21.0482(c), Education Code, is amended
 to read as follows:
        (c)  To be eligible for a master mathematics teacher
 certificate, a person must:
              (1)  hold a teaching certificate issued under this
              (2)  have at least three years of teaching experience;
              (3)  satisfactorily complete a knowledge-based course
 of instruction on the science of teaching children mathematics that
 includes training in:
                    (A)  mathematics instruction;
                    (B)  identification of dyscalculia and effective
 mathematics instruction techniques for students with dyscalculia;
                    (C)  professional peer mentoring techniques that,
 through scientific testing, have been proven effective;
              (4)  perform satisfactorily on the appropriate master
 mathematics teacher certification examination prescribed by the
 board; and
              (5)  satisfy any other requirements prescribed by the
        SECTION 5.  The heading to Section 38.003, Education Code,
 is amended to read as follows:
        SECTION 6.  Sections 38.003(a), (b), and (d), Education
 Code, are amended to read as follows:
        (a)  Students enrolling in public schools in this state shall
 be tested for dyslexia and related disorders and for dyscalculia at
 appropriate times in accordance with a program approved by the
 State Board of Education.
        (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 or dyscalculia.
        (d)  In this section:
              (1)  "Dyscalculia" means a specific learning
 disability or difficulty involving innate difficulty in learning or
 comprehending mathematics.
              (2)  "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.
              (3) [(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.
        SECTION 7.  Section 42.152(c-1), Education Code, is amended
 to read as follows:
        (c-1)  Notwithstanding Subsection (c), funds allocated under
 this section may be used to fund in proportion to the percentage of
 students served by the program that meet the criteria in Section
 29.081(d) or (g):
              (1)  an accelerated reading instruction program under
 Section 28.006(g); or
              (2)  a program for treatment of students who have
 dyslexia or a related disorder or dyscalculia, as required by
 Section 38.003.
        SECTION 8.  Section 21.0482(c), Education Code, as amended
 by this Act, applies only to eligibility for a master mathematics
 teacher certificate issued on or after January 1, 2013.
        SECTION 9.  This Act applies beginning with the 2011-2012
 school year.
        SECTION 10.  This Act takes effect immediately if it
 receives a vote of two-thirds of all the members elected to each
 house, as provided by Section 39, Article III, Texas Constitution.
 If this Act does not receive the vote necessary for immediate
 effect, this Act takes effect September 1, 2011.