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Field of Education:  Educational Leadership
Perspective: As the educational leader I must see all sides and understand all of the requirements and actions needed to comply with the 2021 revisions to the Texas Dyslexia Handbook.
Audience:  Principals, Assistant Principals. SPED Directors & Staff, Dyslexia Therapists, Interventionists, Classroom Teachers
Strategic Planning & Compliance with the 2021 Dyslexia Handbook of Texas
As a future educational leader, I will be passionate and resilient to comply, advocate, support, grow, and encourage all stakeholders through the testing, screening, services, and instructional processes to improve student learning and outcomes.  Every child, no matter their disability deserves a strong, equitable education.  Since the law and procedures were recently revised, knowing and fully understanding these policies will be vital.

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Relevancy to Educational Leadership

With the recent release of the revised Texas Dyslexia Handbook, districts and leadership will need to work to proactively plan for compliance according to Texas Education Agency.  The handbook provides school districts with information regarding the state’s dyslexia laws and their relation to these federal laws: the Rehabilitation Act of 1973, Section 504 as amended in 2008 (Section 504), the Americans with Disabilities Amendments Act, and the Individuals with Disabilities Education Act.  It is vital for educational leaders to follow new referral and testing procedures by acquiring parental consent for a Full Individual Initial Evaluation (FIIE).  The principals need to prepare their local system for this change by educating all staff members, assuring open lines of communication with all parties, and administering screeners are completed.

Best Practices

There is a single pathway now - all students with the suspicion of dyslexia must go through the FIE or FIIE.  After testing is completed then the committee will determine the placement of the student in SPED or under 504.

According to TEA, a district must have procedures in place for their dyslexia program, testing students, and serving their students.

When districts are preparing for the Dyslexia Review and Monitor, a district will need to use the program evaluation that TEA has created.

Dyslexia screeners must be completed at the end of the Kindergarten school year and no later than January 31st for first-grade students.

Emerging Issue

19 TAC §74.28(c) secures that dyslexia instruction "must deliver the instruction with fidelity." Therefore, school districts are encouraged to employ highly trained individuals to deliver dyslexia instruction.  School districts are experiencing a critical shortage in credentialed and highly trained dyslexia therapists and practitioners to provide services to students with dyslexia.  Although funding is now available to help support the hire, locating highly-qualified teachers in this area is proving to still be a struggle.

Haley Esters
Education Service Center - Region 16
Instructional Support - Dyslexia/RtI-MTSS
https://www.esc16.net/apps/pages/index.jsp?uREC_ID=2012322&type=u

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Texas school districts and leadership must be current on the changes and aware of key factors to ensure compliance with the revisions in the Dyslexia Handbook.  This article points out 5 key takeaways that principals need to note, apply, and monitor:  fully understand the differences in 504 and IDEA and ensure staff does as well, follow district policies to provide students referred for dyslexia testing to a complete FIIE and then apply the definition of specially designed instruction for placement, LEA will need a strong collection of data for committee’s determinations, qualifying for dyslexia does not equal SPED qualification - least restrictive environment applies, principals should provide collaborative opportunities for all stakeholders for shared responsibility of growth of identified students. Principals, specifically, need to familiarize themselves with Chapter 3 of the handbook.

McGuire, K. (2021). Five things principals need to know about dyslexia. TEPSA. Retrieved July 17, 2022, from https://www.tepsa.org/resource/five-things-principals-need-to-know-about-dyslexia/

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The 2021 Texas Dyslexia Handbook and House Bill 1525 and 19 TAC §74.28(c) outline that districts must deliver the instruction with fidelity by a highly-qualified instructor.   This article outlines the latest research supporting fidelity of instruction.
Dyslexia intervention should:

be fast-paced

include hands-on word study activities for engagement

inclusion of both decodable and non-decodable text

self-regulation component

greater emphasis on fluency instruction

word study, text reading components, comprehension

self-regulation components

student written response to text

Teachers should be provided with:

teacher-researcher collaboration opportunities

researched-based, teacher-friendly comprehensive intervention program

Denton, C. A., Montroy, J. J., Zucker, T. A., & Cannon, G. (2021). Designing an Intervention in Reading and Self-Regulation for Students with Significant Reading Difficulties, Including Dyslexia. Learning Disability Quarterly, ₄₄(3), 170–182. http://dx.doi.org.easydb.angelo.edu/10.1177/0731948719899479.

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The new revisions of the Texas Dyslexia Handbook require districts to administer early screeners of Kindergarten and first-grade students.  This research targets the specificity of interpretation of researched-based identification of at-risk students through early screenings for Dyslexia as required by Texas legislation and policies.
Screening should be

entire classrooms to identify risk as multitiered system of support

3-5 screening pieces each administered in less than 5 minutes

positive on the screen indicates a need for an inventory, progress monitoring, and possibly additional or more intensive instruction not to be used as a diagnosis

differentiated according to appropriate grade-level skills

(in grade level one and above) should focus on either timed or untimed reading of short word lists and passages

fair and nondiscriminatory

Fletcher, J. M., Francis, D. J., Foorman, B. R., & Schatschneider, C. (2021). Early Detection of Dyslexia Risk: Development of Brief, Teacher-Administered Screens. Learning Disability Quarterly, ₄₄(3), 145–157. http://dx.doi.org.easydb.angelo.edu/10.1177/0731948720931870.

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14th Amendment of the U.S. Constitution

States that every school district is obligated to provide a free appropriate public education (FAPE)

Protections of Section 504 of the Rehabilitation Act of 1973 (Section 504) are rooted in the 14th Amendment

Americans with Disabilities Act (ADA) also grounded in the Fourteenth Amendment n also ensures that students

Mandates that students are not subject to discriminatory policies and practices but provided meaningful opportunities to learn and equal opportunities to be counted in the publicly reported data system.

Fourteenth Amendment of the Constitution (U.S. Const. amend. 14)
Link:  https://www.archives.gov/founding-docs/amendments-11-27#xiv

The Texas Constitutional Article 7

Guarantees a free public education to all students

Schools must provide the services, resources, and highly-qualified instructors to facilitate meaningful learning for students with Dyslexia or related disorders.

The Texas Constitutional Article 7 (Tex. Const. art. 7).
Link: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

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Federal: Individuals with Disabilities Education Act (IDEA)

establish assessment and evaluation standards and procedures for students (Child Find)

Develop and implement an individualized education program (IEP) for eligible students with a disability

specific update under IDEA for dyslexia in 2021 - must seek parental consent for a Full Individual Initial Evaluation (FIIE)

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).
Link:  http://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter33&edition=prelim

State: Screening and Treatment for Dyslexia and Related Disorders

defines dyslexia and related disorders

mandates districts to  evaluate for dyslexia at appropriate times

requires schools to provide treatment to students diagnosed by highly-qualified instructors

gives the State Board of Education authority to adopt rules and standards for testing, screening, and serving students

Texas Education Code  §38.003 (2019)
Link:  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.38.htm#38.003

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Federal: Endrew F. v. Douglas County School District

FAPE (free appropriate public education) means that a school’s educational program must provide “more than de minimus” educational benefit.  Schools must ensure that every child is instructed in a challenging way.

Student's Individualized Education plan must be reasonably calculated to assure students make appropriate progress. This could now apply to students identified with dyslexia.

Endrew F. v. Douglas County School District RE–1, 580 U.S.(2017)

Link:  https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf

State:  William v. Copperas Cove Independent School District

Texas court upholds that school districts must provide intervention for students at-risk of reading difficulties.

Parent requests for FIIE testing is to be honored unless relevant, deep data can provide evidence otherwise.

William V., et al v. Copperas Cove Indep. Sch. Dist, No. 19-51046 5th Cir. (Tex. 2020) Link:  https://www.txcourts.gov/opinions/1951046_5.pdf

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Federal:  Child with a disability

defines dyslexia as one of the foundations for qualification for a specific learning disability

inclusive of dyslexia, dyscalculia, dysgraphia  manifestation of the imperfect ability to listen, think, speak, read, write, spell or do calculations

Child with a disability, Title 34 Code of Federal Regulations § 300.8
Link:  https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300/subpart-A/subject-group-ECFR0ec59c730ac278e/section-300.8

State:  Title 19 of the Texas Administrative Code (TAC) §74.28 outlines the services to students with dyslexia as:

requires that the evaluation and identification of a student with dyslexia be completed by a trained and qualified individual

Local Education Agencies must provide evidence-based reading programs for identified students by a highly-qualified teacher.

Full Initial Individual Evaluation must be provided following parental consent and be completed in a timely manner.

Screenings for early identification must be completed according to the handbook and early intervention is to be provided to those reported as "at-risk" of reading difficulties.

School districts will be monitored and audited for compliance.

19 Tex. Admin. Code  §74.28 (2022)

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Houston ISD School Board Policy regarding Dyslexia within the Curriculum Designs and Special Programs guidelines assures they will follow the guidelines specifically outlined in the Dyslexia Handbook of Texas in in compliance with IDEA with assurances for:

parental notification/consent

fidelity of testing

highly-qualified instructors

researched-based curriculum

appropriate/timely screenings

compliance monitoring/reassessment

Recent changes for compliance at local education agencies:

providing full FIIE for testing

hiring highly-qualified instructors

ARD committee determines LRE placement for SPED or 54 according to diagnosis data

implementation of early screenings

Houston Board of Education. (2021). Curriculum Designs - Special Programs. Houston ISD. Retrieved July 20, 2022, from  https://policyonline.tasb.org/Policy/Download/592?filename=EHB(LEGAL).pdf

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Chapter 149 Principal Standards
Policy Implementation and Advocacy

"The principal collaborates with district staff to implement and advocate for district policies that meet the needs of students and staff."

As the educational leader, the principal must be knowledgeable, compliant, and reactive when upholding the federal, state, and local policies.  Specifically referring to dyslexia policies, the principal manages compliance, informs and develops teacher knowledge, communicates clearly with parents, maintains resources to support appropriate and effective instruction for all identified students.
Policy implementation and advocacy. The principal collaborates with district staff to implement and advocate for district policies that meet the needs of students and staff.

Principal Standards, 21 Texas Education Code, §149.2001 (2014).

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As I look toward my future as a principal, the relevance and necessity for understanding the revisions made to the Dyslexia Handbook are evident.  It is my legal and ethical duty to provide EVERY student with a positive, high-impact, equitable school culture inclusive of those with disabilities. As I begin my role as an assistant principal, I will be required to be the administrator over SPED/504/RtI/MTSS, in ARD meetings, and responsible for maintaining compliance at the elementary level.  Knowing the law will be vital to the success and growth of my students with dyslexia.  The new revisions not only assure early detection but promise thorough diagnosis by a highly-trained professional.  The mandates honestly, better support students, parents, teachers, and principals in assuring a deep understanding of the needed supports and services.

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Identified Research-based Best Practices to ensure compliance with federal, state, and local laws, codes, and policies:
1) Dyslexia lessons should consist of phonological awareness, phonics, applying background knowledge, oral reading, and silent reading to develop oral reading fluency and comprehension (Berninger et.al., 2009).
2) Children with dyslexia need multisensory instruction and timely feedback from the teacher (Clark et.al., 2004).
3) Teachers/dyslexia specialists need to be trained in intense literacy (Birsh, 2018).
4) Ensure that students have strategies to decode and spell  (Henry, 2010).
5) Ensure engagement in meaningful reading and writing activities (Mather and Wendling, 2012).
6)  Secure early identification of students at risk for reading failure to provide urgent, intensive, systematic interventions (National Reading Panel, 2000).
7) Provide preventive interventions to eliminate reading deficits(Torgesen, 2004).
8) Schools must provide interventions for students in grades 6-12 with disabilities that are appropriately focused (Torgesen, 2004).
9) Students receiving intervention instruction should receive instruction at a teacher-to-student ratio of 1:1 or 1:3 (Vaughn et. al., 2003).
10)  School leadership must seek parental consent for a Full Individual Initial Evaluation (FIIE) under the IDEA (Texas Education Agency, 2021).

Berninger, V. W., & Wolf, B. J. (2009). Teaching students with dyslexia and dysgraphia: Lessons from teaching and science. Baltimore, MD: Paul H. Brookes Publishing.

Birsh, J. R. (2018). Connecting research and practice. In J. R. Birsh, Multisensory teaching of basic language skills (4th ed., pp. 2–34). Baltimore, MD: Paul H. Brookes Publishing.

Clark, D., & Uhry, J. (Eds.). (2004). Dyslexia: Theory and practice of instruction (3rd ed.). Austin, TX: Pro-Ed.

Henry, M. K. (2010). Unlocking literacy: Effective decoding and spelling instruction (2nd ed.). Baltimore, MD: Paul H. Brookes Publishing.

Mather, N. M., & Wendling, B. J. (2012). Essentials of dyslexia assessment and intervention. Hoboken, NJ: John Wiley & Sons.

National Reading Panel. (2000). Report of the National Reading Panel: Teaching children to read: An evidence-based assessment of the scientific research literature on reading and its implications for reading instruction. Washington, DC: National Institute of Child Health and Human Development.

Texas Education Agency. (2021, September 23). Updates to dyslexia handbook: Procedures concerning dyslexia and related disorders (dyslexia handbook). Texas Education Agency. Retrieved July 17, 2022, from https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/updates-to-dyslexia-handbook-procedures-concerning-dyslexia-and-related-disorders-dyslexia-handbook

Torgesen, J. K. (2004). Lessons learned from research on interventions for students who have difficulty learning to read. In P. McCardle, & V. Chhabra (Eds.), The voice of evidence in reading research (pp. 355–382). Baltimore, MD: Paul H. Brookes Publishing.

Vaughn, S., & Linan-Thompson, S. (2003). Group size and time allotted to intervention. In B. Foorman (Ed.), Preventing and remediating reading difficulties (pp. 275–320). Parkton, MD: York Press.

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19 Tex. Admin. Code  §74.28 (2022)

Berninger, V. W., & Wolf, B. J. (2009). Teaching students with dyslexia and dysgraphia: Lessons from teaching and science. Baltimore, MD: Paul H. Brookes Publishing.

Birsh, J. R. (2018). Connecting research and practice. In J. R. Birsh, Multisensory teaching of basic language skills (4th ed., pp. 2–34). Baltimore, MD: Paul H. Brookes Publishing.

Child with a disability, Title 34 Code of Federal Regulations § 300.8

Clark, D., & Uhry, J. (Eds.). (2004). Dyslexia: Theory and practice of instruction (3rd ed.). Austin, TX: Pro-Ed.

Denton, C. A., Montroy, J. J., Zucker, T. A., & Cannon, G. (2021). Designing an Intervention in Reading and Self-Regulation for Students with Significant Reading Difficulties, Including Dyslexia. Learning Disability Quarterly, ₄₄(3), 170–182. http://dx.doi.org.easydb.angelo.edu/10.1177/0731948719899479.

Endrew F. v. Douglas County School District RE–1, 580 U.S.(2017)

Fletcher, J. M., Francis, D. J., Foorman, B. R., & Schatschneider, C. (2021). Early Detection of Dyslexia Risk: Development of Brief, Teacher-Administered Screens. Learning Disability Quarterly, ₄₄(3), 145–157. http://dx.doi.org.easydb.angelo.edu/10.1177/0731948720931870.

Fourteenth Amendment of the Constitution (U.S. Const. amend. 14).

Henry, M. K. (2010). Unlocking literacy: Effective decoding and spelling instruction (2nd ed.). Baltimore, MD: Paul H. Brookes Publishing.

Houston Board of Education. (2021). Curriculum Designs - Special Programs. Houston ISD. Retrieved July 20, 2022, from
https://policyonline.tasb.org/Policy/Download/592?filename=EHB(LEGAL).pdf

Individuals With Disabilities Education Act, 20 U.S.C. § 1400 (2004).

Mather, N. M., & Wendling, B. J. (2012). Essentials of dyslexia assessment and intervention. Hoboken, NJ: John Wiley & Sons.

McGuire, K. (2021). Five things principals need to know about dyslexia. TEPSA. Retrieved July 17, 2022, from https://www.tepsa.org/resource/five-things-principals-need-to-know-about-dyslexia/

National Reading Panel. (2000). Report of the National Reading Panel: Teaching children to read: An
evidence-based assessment of the scientific research literature on reading and its implications for reading instruction. Washington, DC: National Institute of Child Health and Human Development.

Principal Standards, 21 Texas Education Code, §149.2001 (2014).

Texas Education Agency. (2021, September 23). Updates to dyslexia handbook: Procedures concerning dyslexia and related disorders (dyslexia handbook). Texas Education Agency. Retrieved July 17, 2022, from https://tea.texas.gov/about-tea/news-and-multimedia/correspondence/taa-letters/updates-to-dyslexia-handbook-procedures-concerning-dyslexia-and-related-disorders-dyslexia-handbook

Texas Education Code  §38.003 (2019)

The Texas Constitutional Article 7 (Tex. Const. art. 7).

Torgesen, J. K. (2004). Lessons learned from research on interventions for students who have difficulty earning to read. In P. McCardle, & V. Chhabra (Eds.), The voice of evidence in reading research (pp. 355–382). Baltimore, MD: Paul H. Brookes Publishing.

Vaughn, S., & Linan-Thompson, S. (2003). Group size and time allotted to  intervention. In B. Foorman(Ed.), Preventing and remediating reading difficulties (pp. 275–320). Parkton, MD: York Press.

William V., et al v. Copperas Cove Indep. Sch. Dist, No. 19-51046 5th Cir. (Tex. 2020)