2012 -- H 7541

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LC01255

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- DYSLEXIA DIAGNOSIS AND TREATMENT

     Introduced By: Representatives Naughton, Morrison, Keable, Baldelli-Hunt, and Walsh

     Date Introduced: February 15, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 87

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     THE RHODE ISLAND DYSLEXIA ACT

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     23-87-1. Short title. – This chapter shall be known and may be cited as “The Rhode

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Island Dyslexia Act.”

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     23-87-2. Findings of fact. – The general assembly hereby finds and declares:

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     (1) Dyslexia is a learning disability that is neurobiological in origin and characterized by

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difficulties with accurate and fluent word recognition, poor spelling, and poor decoding abilities,

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resulting in problems with reading comprehension and reduced reading experience that impede

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the growth of vocabulary and background knowledge. Dyslexia is the most common cause of

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reading, writing and spelling disabilities. According to the U.S. department of health and human

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services, it is estimated that fifteen percent (15%) of American students may have dyslexia. This

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translates to roughly twenty-one thousand (21,000) public school students in Rhode Island.

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Students with dyslexia often exhibit weaknesses in underlying language skills involving

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processing of speech sounds (phonological), print (orthographic), and in building brain pathways

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that connect speech with print. Most students with dyslexia have limited awareness of the speech

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sounds in spoken words and have difficulty segmenting words into individual phonemes. A

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significant number of students in Rhode Island, including those with dyslexia, read below basic

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reading levels and experience literacy challenges, which include difficulties with language

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(spoken or written, including weaknesses in phoneme reading, phonics, vocabulary, fluency, or

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comprehension), or difficulties with one or more of the basic neurobiological or psychological

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processes involved in understanding or using language (spoken or written) that may manifest

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itself in an imperfect ability to read, write or spell. Across the state and the nation, less than one-

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third (1/3) of children with reading disabilities are receiving school services for their disability.

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     (2) Treatment for Dyslexia. - Dyslexic students require an explicit approach to learning

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language and specialized instruction to master the alphabetic code.

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     Current research, much of it supported by the National Institute of Child Health and

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Human Development (NICHD), has demonstrated the value of explicit, structured language

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teaching for all students, especially those with dyslexia.

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     While there are many programs and therapies available to address language-based

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learning disabilities, not all have the level of duration, intensity, or methodologies that assure

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desired results in a timely fashion. Overcoming most severe kinds of dyslexia may require many

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years of specialized instruction. An improved awareness of and support for persons with dyslexia

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and improved training of educators (including teachers, education administrators, education

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officials, and other employees providing instruction, assessment, or special services for general,

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compensatory, gifted, or special education) will help students, including those with dyslexia,

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obtain the necessary instruction, support, skills, and resources to increase their success in school.

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     23-87-3. Definitions. – As used in this chapter, the following terms are defined as

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follows:

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     (1) “Dyslexia” means a specific learning disability that is neurological in origin. It is

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characterized by difficulties with accurate and/or fluent word recognition and by poor spelling

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and decoding abilities. These difficulties typically result from a deficit in the phonological

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component of language that is often unexpected in relation to other cognitive abilities and the

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provision of typical classroom instruction. Secondary consequences may include problems in

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reading comprehension and reduced reading experience that can impede the growth of vocabulary

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and background knowledge.

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     (2) “Scientifically-validated intervention” means: (i) A program or approach for the

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treatment of individuals with reading disabilities or dyslexia that provides instruction in the skills

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of reading, writing, and spelling through program content that includes:

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     (A) Phoneme awareness;

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     (B) Sound-symbol association;

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     (C) Syllable types and division;

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     (D) Morphology;

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     (E) Syntax;

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     (E) Semantics (Comprehension);

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     (G) Spelling;

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     (H) Fluency;

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     (I) Written Expression;

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     (J) Handwriting; and

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     (ii) Follows principles of instruction that include:

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     (A) Systematic and cumulative. - Language instruction requires that the organization of

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material follows the logical order of the language in sufficient depth. The sequence must begin

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with the easiest and most basic concepts and progress methodically to more difficult material.

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Each concept must also be based on those already learned. Concepts taught must be

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systematically reviewed to strengthen memory and ensure automaticity;

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     (B) Direct Instruction - All concepts must be taught through explicit instruction with

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continuous student-teacher interaction;

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     (C) Diagnostic Teaching - The teacher must be adept at flexible, individualized teaching.

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The teaching plan is based on careful and continuous assessment of the individual’s progress in

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learning concepts and developing skills to automaticity. The content presented must be mastered

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step by step in order for the student to progress;

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     (D) Synthetic Instruction - Structured language approaches and progress include both

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synthetic and analytic instruction, but relies most heavily on synthetic. Synthetic instruction

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presents the parts of written language and then teaches how the parts work together to form a

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whole. Analytic instruction presents the whole and teaches how this can broken down into its

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component parts;

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     (E) Comprehensive and inclusive instruction - All levels of language are addressed, often

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in parallel, including sounds (phonemes), symbols (graphemes), advanced decoding concepts

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(e.g. syllable types), meaningful word parts (morphemes), word and phrase meanings (semantics),

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sentences (syntax), longer passages (discourse), the social uses of language (pragmatics); and

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     (F) Considers a multisensory visual-auditory-kinesthetic-tactile (VAKT) instructional

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approach.

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     (3) “Duration” means treatment (intervention) that is intensive enough and continues long

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enough to have a positive effect that will endure. This usually involves instruction that continues

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for at least a year, and often longer depending upon individual needs.

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     (4) “Knowledge and practice standards” means the minimum content knowledge and

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experience levels required for teachers who support students with reading disabilities or dyslexia.

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     (5) “Fidelity” means that intervention programming for students with reading disabilities

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or dyslexia shall use appropriate approaches and materials to support skill mastery. Furthermore,

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evidence of skill mastery shall be demonstrated through appropriate ongoing progress monitoring

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and assessment across all components of reading.

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     23-87-4. Legislative purpose and policy. – It shall be the goal and purpose of this

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chapter to require Rhode Island schools to recognize dyslexia and treat the literacy challenges of

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dyslexic students in a proactive manner; and to establish a working group to develop a

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comprehensive plan to improve awareness of and strengthen support for persons with dyslexia.

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     23-87-5. Implementation, recognition and treatment. – In developing personal literacy

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plans (PLPs) tier 2 & 3 literacy intervention plans, and individualized education plans (IEPs),

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local education agencies (LEAs) must expressly consider symptoms and diagnoses of dyslexia.

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Instructional plans for students with reading disabilities and dyslexia must be compared of all

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components of any specifically selected or designed scientifically-validated interventions and

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these interventions must occur with sufficient fidelity and duration. LEAs must provide students

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with reading disabilities or dyslexia with qualified individual in accordance with intervention

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protocols or standards of practice generally acceptable amongst similarly practicing individuals

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who have attained knowledge and practice standards necessary for remediating these reading

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difficulties.

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     SECTION 2. This act shall take effect upon passage.

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LC01255

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- DYSLEXIA DIAGNOSIS AND TREATMENT

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     This act would enact the Rhode Island dyslexia act to establish policies and treatment for

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students with dyslexia in Rhode Island schools.

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     This act would take effect upon passage.

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LC01255

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