(1) As used in this section: (a) "Benchmark reading assessment" means an assessment that: (i) measures key literacy skills, including phonemic awareness, sound-symbol recognition, alphabet knowledge, decoding and encoding skills, and comprehension, to determine a student's specific strengths and weaknesses in a skill area; and (ii) a school district or charter school administers to students in kindergarten through grade 3 at the beginning, middle, and end of the school year. (b) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or ability that has been organized into a hierarchical arrangement leading to higher levels of knowledge, skill, or ability. (c) (i) "Diagnosis" means a formal determination that an individual has dyslexia based on a comprehensive evaluation conducted by a qualified professional acting within the scope of the professional's license or credentials. (ii) "Diagnosis" does not mean: (A) screening; (B) a recommendation from an educational professional to screen a student for dyslexia; or (C) results from a diagnostic assessment. (d) "Dyslexia" means a learning disorder that: (i) is neurological in origin and is characterized by difficulties with: (A) accurate or fluent word recognition; and (B) poor spelling and decoding abilities; and (ii) typically results from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. (e) "Dyslexia assessment" means a diagnostic assessment for the identification of dyslexia or a psychoeducational evaluation for the diagnosis of dyslexia. (f) "Evidence-based" means the same as that term is defined in Section 53G-11-303. (g) "Evidence-informed" means the same as that term is defined in Section 53G-11-303. (h) "Qualified professional" means an individual who has specialized formal training in identifying and evaluating reading disorders, including dyslexia. (i) "Qualifying dyslexia assessment" means a dyslexia assessment administered by an individual who is: (i) licensed under Title 58, Occupations and Professions; (ii) practicing within the scope of practice for the individual's license; and (iii) competent by training, education, and experience to administer the dyslexia assessment. (j) "Screening" means the use of evidence-based measures to identify whether a student may: (i) be at risk for characteristics of dyslexia; and (ii) need additional assessment, progress monitoring, and intervention related to dyslexia. (2) The state board shall approve a benchmark assessment for use statewide by school districts and charter schools to assess the reading competency of students in grades 1 through 6 as provided by this section. (3) (a) A school district or charter school shall: (i) administer benchmark assessments to students in kindergarten and grades 1, 2, and 3 at the beginning, middle, and end of the school year using the benchmark assessment approved by the state board; and (ii) after administering a benchmark assessment, report the results to a student's parent. (b) A student's parent may provide the results of a qualifying dyslexia assessment to a school district or charter school. (4) (a) If a benchmark assessment, supplemental reading assessment, or qualifying dyslexia assessment indicates a student lacks competency in a reading skill, is demonstrating characteristics of dyslexia, or is lagging behind other students in the student's grade in acquiring a reading skill, the school district or charter school shall: (i) using data from the benchmark reading assessment, provide specific, focused, and individualized intervention or tutoring to develop the reading skill, in accordance with Title 53G, Chapter 10, Part 8, Literacy Interventions, potentially including the creation of an individual reading plan, as that term is defined in Section 53G-10-801; (ii) administer formative assessments and progress monitoring at recommended levels for the benchmark assessment to measure the success of the focused intervention; (iii) in addition to the notice described in Section 53G-10-802: (A) inform the student's parent of activities that the parent may engage in with the student to assist the student in improving reading proficiency; and (B) provide information to the parent regarding appropriate interventions available to the student outside of the regular school day that may include tutoring, before and after school programs, or summer school; and (iv) provide instructional materials that are evidence-informed for core instruction and evidence- based for intervention and supplemental instruction. (b) Nothing in this section or in Section 53F-4-203 or 53G-11-303 requires a reading software product to demonstrate the statistically significant effect size described in Subsection 53G-11-303(1)(a) in order to be used as an instructional material described in Subsection (4) (a)(vi). (5) (a) In accordance with Section 53F-4-201 and except as provided in Subsection (5)(b), the state board shall contract with one or more educational technology providers for a benchmark assessment system for reading for students in kindergarten through grade 6. (b) If revenue is insufficient for the benchmark assessment system for the grades described in Subsection (5)(a), the state board shall first prioritize funding a benchmark assessment for students in kindergarten through grade 3. (6) A student with dyslexia is only eligible for special education services if the student meets federal eligibility criteria. (7) (a) A school district or charter school may not discipline, retaliate against, or subject to adverse employment action an educational professional solely for recommending or referring a student for dyslexia screening, consistent with: (i) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; or (ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq. (b) An educational professional's recommendation that a student receive a dyslexia screening does not constitute a diagnosis of dyslexia.
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