Texas Education Code - Section 28.006. Reading Diagnosis
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§ 28.006. READING DIAGNOSIS. (a) The commissioner shall
develop recommendations for school districts for:
(1) administering reading instruments to diagnose
student reading development and comprehension;
(2) training educators in administering the reading
instruments; and
(3) applying the results of the reading instruments to
the instructional program.
(b) The commissioner shall adopt a list of reading
instruments that a school district may use to diagnose student
reading development and comprehension. A district-level committee
established under Subchapter F, Chapter 11, may adopt a list of
reading instruments for use in the district in addition to the
reading instruments on the commissioner's list. Each reading
instrument adopted by the commissioner or a district-level
committee must be based on scientific research concerning reading
skills development and reading comprehension. A list of reading
instruments adopted under this subsection must provide for
diagnosing the reading development and comprehension of students
participating in a program under Subchapter B, Chapter 29.
(c) Each school district shall administer, at the
kindergarten and first and second grade levels, a reading
instrument on the list adopted by the commissioner or by the
district-level committee. The district shall administer the
reading instrument in accordance with the commissioner's
recommendations under Subsection (a)(1).
(d) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district the results of the reading instruments;
and
(2) report, in writing, to a student's parent or
guardian the student's results on the reading instrument.
(e) The results of reading instruments administered under
this section may not be used for purposes of appraisals and
incentives under Chapter 21 or accountability under Chapter 39.
(f) This section may be implemented only if funds are
appropriated for administering the reading instruments. Funds,
other than local funds, may be used to pay the cost of administering
a reading instrument only if the instrument is on the list adopted
by the commissioner.
(g) A school district shall notify the parent or guardian of
each student in kindergarten or first or second grade who is
determined, on the basis of reading instrument results, to be at
risk for dyslexia or other reading difficulties. The district
shall implement an accelerated reading instruction program that
provides reading instruction that addresses reading deficiencies
to those students and shall determine the form, content, and timing
of that program. The admission, review, and dismissal committee of
a student who participates in a district's special education
program under Subchapter B, Chapter 29, and who does not perform
satisfactorily on a reading instrument under this section shall
determine the manner in which the student will participate in an
accelerated reading instruction program under this subsection.
(h) The school district shall make a good faith effort to
ensure that the notice required under this section is provided
either in person or by regular mail and that the notice is clear and
easy to understand and is written in English and in the parent or
guardian's native language.
(i) The commissioner shall certify, not later than July 1 of
each school year or as soon as practicable thereafter, whether
sufficient funds have been appropriated statewide for the purposes
of this section. A determination by the commissioner is final and
may not be appealed. For purposes of certification, the
commissioner may not consider Foundation School Program funds.
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.051(b)(8) and may
implement sanctions under Subchapter G, Chapter 39. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
(k) The provisions of this section relating to parental
notification of a student's results on the reading instrument and
to implementation of an accelerated reading instruction program may
be implemented only if the commissioner certifies that funds have
been appropriated during a school year for administering the
accelerated reading instruction program specified under this
section.
(l), (m) Expired.
Added by Acts 1997, 75th Leg., ch. 397, § 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.11, eff. Sept. 1,
1999; Acts 2006, 79th Leg., 3rd C.S., ch. 5, § 3.05, eff. May 26,
2006.
Section: 28.001 28.002 28.0021 28.003 28.004 28.005 28.0051 28.006 28.007 28.008 28.009 28.021 28.0211 28.0212 28.0213
Last modified: August 11, 2007
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