(a) Definitions. The following words and terms, when used in this section, shall have the following meanings.
  (1) Screening a student for dyslexia or a related disorder, a term used in Texas Education Code (TEC), §38.003, means the administration of a universal screening instrument required for students in Kindergarten and Grade 1.
  (2) Testing a student for dyslexia or a related disorder, a term used in TEC, §38.003, means a comprehensive evaluation as required under 34 Code of Federal Regulations (CFR), Part 300, and includes evaluation components as stated in the "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders," referenced in subsection (c) of this section, for the identification of dyslexia or a related disorder.
  (3) Treatment for a student identified with dyslexia or a related disorder, a term used in TEC §38.003, means any instructional accommodations through an accommodation plan under Section 504 or instructional accommodations, modifications, and/or the provision of dyslexia instruction in accordance with a student's individualized education program (IEP).
  (4) Direct dyslexia instruction, a term used in TEC, §7.102(c)(28), or dyslexia instruction means evidence-based dyslexia instruction that includes the required components of dyslexia instruction and instructional delivery methods as outlined in the handbook referenced in subsection (c) of this section and as described by a student's IEP under TEC, §29.005.
  (5) Provider of dyslexia instruction (PDI) means a provider who meets the requirements of TEC, §29.0032.
(b) The board of trustees of a school district or the governing body of an open-enrollment charter school must adopt and implement a policy requiring the district or school to comply with this section, inclusive of the handbook referenced in subsection (c) of this section and the provision of dyslexia instruction for students identified with dyslexia or a related disorder as determined by the student's admission, review, and dismissal (ARD) committee.
(c) A school district's or open-enrollment charter school's policy must be implemented according to the State Board of Education's (SBOE's) "Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders " provided in this subsection. Before adopting changes to the handbook, the SBOE will consider input provided by educators and professionals in the field of reading and dyslexia and related disorders, as well as parents and other stakeholders, from across the state.
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(d) A school district or open-enrollment charter school must provide evidence-based dyslexia instruction by a PDI for students with dyslexia or a related disorder that includes the required instructional and delivery components found in the handbook referenced in subsection (c) of this section.
(e) 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).
(f) Each school district and open-enrollment charter school shall provide to parents of students enrolled in the district or school information on:
  (1) characteristics of dyslexia and related disorders;
  (2) evaluation and identification of dyslexia and related disorders;
  (3) effective instructional strategies for teaching students with dyslexia and related disorders;
  (4) qualifications of and contact information for PDIs at each campus or school;
  (5) instructional accommodations and modifications;
  (6) the steps in the special education process, as described in the form developed by the Texas Education Agency to comply with TEC, §29.0031(a)(1); and
  (7) how to request a copy and access the electronic version of the handbook referenced in subsection (c) of this section.
(g) 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).
(h) School districts and open-enrollment charter schools must include the member required by TEC, §29.0031(b), on the multidisciplinary team and ARD committee, as appropriate, who meets the requirements of TEC, §29.0031(b)(1) or (2), or who meets the training requirements established by the SBOE as described in the handbook referenced in subsection (c) of this section.

Source Note: The provisions of this §74.28 adopted to be effective September 1, 1996, 21 TexReg 4311; amended to be effective September 1, 2001, 25 TexReg 7691; amended to be effective August 8, 2006, 31 TexReg 6212; amended to be effective August 24, 2010, 35 TexReg 7211; amended to be effective August 27, 2018, 43 TexReg 5519; amended to be effective March 13, 2019, 44 TexReg 1315; amended to be effective December 25, 2019, 44 TexReg 7981; amended to be effective February 10, 2022, 47 TexReg 504; amended to be effective June 30, 2024, 49 TexReg 4587