Section 0520-01-22-.02 - DYSLEXIA INDIVIDUALIZED LEARNING PLANS(1) In accordance with T.C.A. § 49-1-229 and Tennessee Department of Education Rule 0520-12-05-.04: (a) A Student in grades kindergarten through three (K-3) is determined to have Characteristics of Dyslexia if the Student: 1. Falls below the 25th percentile on the composite score on the Tennessee universal reading screener provided by the Department or on a Nationally Normed, skills-based universal reading screener approved by the State Board as set forth in State Board Rule 0520-01-03-.15;2. Displays deficits in fifty percent (50%) or more of the grade-appropriate subtests identified by the state's Minimum Universal Reading Screening Matrix which could include the following areas: (i) Phonological awareness;(iii) Sound symbol recognition;(vii) Encoding skills; and3. As observed and agreed upon by both the Student's teacher and parent(s) or guardian(s), has demonstrated the Characteristics of Dyslexia as described in the Dyslexia Resource Guide, developed pursuant to T.C.A. § 49-1-229.(b) A Student in grades four through eight (4-8) is determined to have Characteristics of Dyslexia if the Student: 1. Falls below the 25th percentile on the composite score on a Nationally Normed, skills-based universal reading screener;2. Displays deficits in fifty percent (50%) or more of the grade-appropriate subtests identified by the state's Minimum Universal Reading Screening Matrix which could include the following areas: (i) Phonological awareness;(iii) Sound symbol recognition;(vii) Encoding skills; and3. As observed and agreed upon by both the Student's teacher and parent(s) or guardian(s), has demonstrated the Characteristics of Dyslexia as described in the Dyslexia Resource Guide, developed pursuant to T.C.A. § 49-1-229.(c) A Student in grades nine through twelve (9-12) is determined to have Characteristics of Dyslexia if: 1. The LEA's or public charter school's Early Warning System detects that the Student may be at-risk for a reading deficit;2. The Student displays deficits in fifty percent (50%) or more of the grade-appropriate subtests identified by the state's Minimum Universal Reading Screening Matrix for grades 9-12 which could include the following areas: (i) Phonological awareness;(iii) Sound symbol recognition;(vii) Encoding skills; and3. As observed and agreed upon by both the Student's teacher and parent(s) or guardian(s), has demonstrated the Characteristics of Dyslexia as described in the Dyslexia Resource Guide, developed pursuant to T.C.A. § 49-1-229.(d) Each LEA and public charter school shall: 1. Develop for Students with Characteristics of Dyslexia in grades Kindergarten through three (K-3), a language-focused ILP-D that provides appropriate tiered dyslexia-specific interventions in accordance with T.C.A. § 49-1-229, Tennessee Department of Education Rule 0520-12-05-.04 and the Tennessee Investment in Student Achievement (TISA) Guide created by the Department, and designed to provide access to instruction aligned to grade-level academic standards;2. Develop for Students with Characteristics of Dyslexia in grades four through twelve (4-12), an ILP-D that provides appropriate tiered dyslexia-specific intervention in accordance with T.C.A. § 49-1-229, Tennessee Department of Education Rule 0520-12-05-.04 and the Tennessee Investment in Student Achievement (TISA) Guide created by the Department, and designed to provide access to instruction aligned to grade-level academic standards and access to assistive technology supports;3. At least annually, review and revise each Student's ILP-D;4. Notify in writing the parent(s) or legal guardian(s) of a Student with Characteristics of Dyslexia: (i) Before implementing the Student's ILP-D;(ii) Of progress monitoring data;(iii) Regarding the special education referral process; and(iv) Of the parent's or legal guardian's right to decline an ILP-D and that declining an ILP-D does not constitute a waiver of RTI2 services; and5. Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILP-Ds for Students with Characteristics of Dyslexia in accordance with Tennessee Department of Education Rule 0520-12-05-.04 and the Tennessee Investment in Student Achievement (TISA) Guide. At a minimum, ILP-D oversight plans shall include procedures regarding:(i) The development of ILP-Ds for all students with Characteristics of Dyslexia in the LEA or public charter school;(ii) The monitoring of student progress on ILP-Ds quarterly;(iii) Annual review and revision of ILP-Ds;(iv) Communication with parents and/or legal guardians and notification regarding ILP-Ds;(v) The special education referral process and how the LEA will ensure RTI2 is not used to delay or deny special education evaluations;(vi) The seamless coordination of services and supports for Students with Characteristics of Dyslexia who are also English Learners and/or students with disabilities;(vii) Identification of school-based staff who are responsible for developing and implementing ILP-Ds;(viii) Training for appropriate staff regarding ILP-D requirements, development, and implementation; and(ix) The sufficient staffing and resources required to support the development and implementation of all ILP-Ds across the LEA or public charter school.(e) LEAs shall monitor authorized public charter schools to ensure compliance with this Chapter.(f) A Student with Characteristics of Dyslexia shall not have an ILP-D if:1. A parent or legal guardian declines an ILP-D;2. The Student with an ILP-D is subsequently determined eligible for special education and related services to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension; or3. The Student has a primary or secondary eligibility category on the Student's finalized IEP to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension.(g) LEAs shall ensure that EL students suspected of having Characteristics of Dyslexia are screened and served in accordance with T.C.A. § 49-1-229 and the State Board Rule Chapter 0520-01-19. In addition to an ILP-D developed pursuant to this Chapter, an LEA shall provide to an EL student identified as having Characteristics of Dyslexia an individualized learning plan (ILP) in accordance with the State Board Rule Chapter 0520-01-19. The EL student's ILP and ILP-D shall be coordinated to ensure the seamless provision of coherent and complete services and supports.Tenn. Comp. R. & Regs. 0520-01-22-.02
Emergency rules filed August 19, 2022; effective through February 15, 2023. Emergency rules expired effective February 16, 2023, and the rules reverted to their previous statuses. New rules filed February 24, 2023; effective 5/25/2023.Authority: T.C.A. §§ 49-1-229, 49-1-302, and 49-3-104.