OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 436 Bill Analysis
133rd General Assembly
Click here for H.B. 436’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Baldridge
Effective Date:
Mitchell Smith, Research Associate
SUMMARY
Requires the Department of Education, in collaboration with the International Dyslexia
Association in Ohio, to establish the Ohio Dyslexia Committee (ODC).
Requires the Department, in collaboration with the ODC, to develop and update a
Dyslexia Guidebook for screening, intervention, and remediation for children with
dyslexia or displaying dyslexic characteristics and tendencies.
Requires the Department to provide structured literacy program professional
development for teachers in dyslexia screening and intervention practices.
Requires the Department, in collaboration with the ODC, to identify “reliable, universal,
and evidence-based” screening and intervention measures that evaluate the literacy
skills of students enrolled in grades K-5 using a structured literacy program.
Requires school districts and other public schools (community schools, STEM schools,
and college-preparatory boarding schools) to administer annual dyslexia screenings.
Requires each teacher employed by a school district or other public school who provides
instruction for students in grades K-1 and those providing special education instruction
for students in grades 4-12 to complete a professional development course by the
beginning of the 2020-2021 school year.
Requires each school district and all other public schools, beginning in the 2020-2021
school year, to establish a structured literacy certification process for teachers
employed by the district or school providing instruction in grades K-3.
Requires each district and all other public schools to have at least one teacher per every
200 (1:200) students in grades K-3 certified under the structured literacy certification
process by the end of the 2022-2023 school year, 1:150 by the end of the 2023-2024
school year, and 1:100 by the end of the 2024-2025 school year.
January 8, 2020
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Ohio Dyslexia Committee
The bill requires the Department of Education, in collaboration with the International
Dyslexia Association in Ohio, to establish the Ohio Dyslexia Committee (ODC), to consist of six
members, three each appointed by the Department and the Association. Each member
appointed by the Department must be employed by the Department, a school district, or an
educational service center. All appointments must be completed by January 31, 2020, and
members then must elect a chairperson.1 Since the bill likely cannot be effective by that date, it
might need to be amended to specify a later date for the establishment and appointment of the
ODC.
Dyslexia Guidebook
The Department, in collaboration with the ODC, must develop a guidebook regarding
the best practices and methods for universal screening, intervention, and remediation using a
structured literacy program for children with dyslexia or children displaying dyslexic
characteristics and tendencies. The guidebook must be developed by June 30, 2020, and
updated as necessary.2
Guidebook components
The guidebook must include the following:
1. A list of screening and intervention measures identified by the Department and the ODC
that evaluate the literacy skills of students in grades K-5;
2. A method for determining if a student is at risk of dyslexia based on the student’s
performance on a tier one screening measure;
3. A method for determining if an at-risk student is making significant progress in attaining
grade-level reading and writing skills prior to the administration of a tier two screening
measure;
4. Criteria for a multidisciplinary team established by a school district or other public
school to administer screening and intervention measures and analyze the results of the
measures. The criteria must include specific criteria for a stakeholder with expertise in
the identification, intervention, and remediation of dyslexia.
5. Reporting timelines and content requirements for data that a district or school must
submit to the Department regarding dyslexia screening, intervention, and remediation.
The guidebook must require data to be submitted up to three times per year, depending
on student grade levels.
1 R.C. 3323.25(B) and (C).
2 R.C. 3323.25(D).
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As Introduced
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6. Standards for structured literacy program professional development for teachers, which
must include completion of a practicum; and
7. Standards for a structured literacy certification process for teachers providing
instruction in grades K-3, which must include completion of a practicum.3
Related Department of Education duties
The bill requires the Department, in collaboration with the ODC, to do the following by
June 30, 2020:
1. Provide structured literacy program professional development for teachers in evidence-
based dyslexia screening and intervention practices, which must include a practicum;
2. Assist school districts and other public schools in establishing multidisciplinary teams to
support the identification, intervention, and remediation of dyslexia;
3. Develop reporting mechanisms for districts and schools to submit the required
information and data to the Department; and
4. Develop academic standards for kindergarten in reading and writing that incorporates a
structured literacy program. The bill further requires that kindergarten readiness
assessment adopted by the State Board of Education be aligned with these standards.4
Dyslexia screening and intervention measures
The bill requires the Department, in collaboration with the ODC, to identify “reliable,
universal, and evidence-based” screening and intervention measures that evaluate the literacy
skills of students enrolled in grades K-5 using a structured literacy program. The measures must
include the following:
1. For kindergarten students, tier one screening measures that must allow for collecting
data using letter naming fluency, alphabetic principle and letter sound, phonological and
phonemic awareness, speech and language, and a method for indicating whether a
student’s family has a documented history of dyslexia or reading disability;
2. For first grade students, tier one screening measures that must allow for collecting data
using alphabetic principle and nonsense word reading, phonological and phonemic
awareness, word identification, and oral reading fluency;
3. For second grade students, tier one screening measures that must allow for collecting
data using word identification, oral reading fluency, and reading comprehension;
4. For students in grades K-5, tier one screening that must allow for collecting data using
oral reading fluency and reading comprehension; and
3 R.C. 3323.25(D).
4 R.C. 3301.079(D)(4) and 3323.25(E).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
5. For students in grades K-5, tier two screening measures that determine if a student
demonstrates the markers of dyslexia.
For grades 1-5, each tier two screening measure must include (1) a method for
indicating any familial history of reading difficulties, spelling difficulties, or attention-deficit
hyperactivity disorder, (2) a method for indicating if a student has a history of speech and
language difficulties, (3) diagnostic assessments for each grade that evaluate and allow for
collecting data regarding phonological and phonemic awareness, phonological memory, and
rapid automatic naming, and (4) listening comprehension for students in grades 2-3.5
Screening administration
The bill requires public schools, beginning in the 2020-2021 school year, to do the
following:
1. Administer a tier one screening measure to each student in grades K-5 by October 30 of
each school year. A district or school additionally may administer a tier two screening
measure to each student.
2. Report the results of the tier one screening measure to the student’s parent or guardian
within 60 days after administration of the measure;
3. Identify each student at risk of dyslexia based on the results of the tier one screening;
4. Monitor the progress of each at-risk student toward attaining grade-level reading and
writing skills. The district or school must check each at-risk student’s progress on at least
the second, fourth, and sixth week after the student is identified as at risk. A district or
school that previously administered the additional tier two screening measure is exempt
from this requirement.
5. Administer a tier two screening measure to each at-risk student who does not show
significant progress toward attaining grade-level reading and writing skills by the sixth
week after the student is identified as at risk;
6. Report the results of the tier two screening measure to the student’s parent or guardian
within 30 days after the measure’s administration. If the student is determined to be
below the 20th percentile on the tier two screening measure, the student’s parent or
guardian must be provided with information about reading development, the risk
factors for dyslexia, and descriptions for evidence-based interventions.
7. Provide a student’s parent or guardian with a written explanation of the district’s or
school’s structured literacy program if the student demonstrates markers for dyslexia.
Each district and other public school must establish a multidisciplinary team to
administer screening and intervention measures and analyze the results. Each team must
include trained and certified personnel and a stakeholder with expertise in the identification,
5 R.C. 3323.25(F).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
intervention, and remediation of dyslexia. The results of screening measures must be reported
to the Department.6
Transfer student screening
The bill also requires each district or other public school to administer a tier one dyslexia
screening measure to each student that transfers into the district or school within 30 days after
the student enrolls. If the student is identified as at risk, the district or school must administer a
tier two screening measure in a timely manner.7
Professional development on instructing students with dyslexia
The bill requires the Department, in collaboration with the ODC, to maintain a list of
approved courses that fulfill the professional development requirements for public school
teachers. The list may consist of online or classroom learning models. Each approved course
must align with the Dyslexia Guidebook, be evidence-based, and require instruction and
training for identifying characteristics of dyslexia and understanding the pedagogy for
instructing students with dyslexia. Teachers must complete at least 18 clock hours of instruction
in an approved course to satisfy the professional development requirements.
The bill requires that each teacher employed by a school district or other public school
providing instruction for students in grades K-1, including those providing special education,
and those providing special education instruction for students in grades 4-12 must complete an
approved professional development course by the beginning of the 2020-2021 school year.
Each teacher providing instruction for students in grades 2-3, including those providing
special education instruction, must complete an approved professional development course by
the beginning of the 2021-2022 school year.8
Structured literacy certification
The bill requires each school district and all other public schools, beginning in the
2020-2021 school year, to establish a structured literacy certification process for teachers
employed by the district or school providing instruction in grades K-3. Each certification process
must align with the dyslexia guidebook and require completion of a practicum.
Each district and all other public schools must have at least one teacher per every
200 students (1:200) in grades K-3 certified under the structured literacy certification process
6 R.C. 3323.251. Applies to community schools, STEM schools, and college-preparatory boarding schools
through references in R.C. 3314.03(A)(11)(d), 3326.11, and 3328.24.
7 R.C. 3323.251(B).
8 R.C. 3319.077. Applies to community schools, STEM schools, and college-preparatory boarding schools
through references in R.C. 3314.03(A)(11)(d), 3326.11, and 3328.24.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
by the end of the 2022-2023 school year, 1:150 by the end of the 2023-2024 school year, and
1:100 by the end of the 2024-2025 school year.9
Pilot project repealed
The bill repeals and replaces with its provisions a former pilot project to test the delivery
of early screening and intervention services for children with risk factors for dyslexia that
operated until 2015.10
Dyslexia defined
For purposes of the bill’s provisions, dyslexia is “a specific learning disorder that is
neurological in origin and that is characterized by unexpected difficulties with accurate or fluent
word recognition and by poor spelling and decoding abilities not consistent with the person’s
intelligence, motivation, and sensory capabilities, which difficulties typically result from a deficit
in the phonological component of language.”11 This is the same definition used for the former
pilot project described just above.
Dyslexia is a condition for which a student may be entitled to special education and
related services under existing state and federal law.12
HISTORY
Action Date
Introduced 12-04-19
H0436-I-133/ar
9 R.C. 3319.078. Applies to community schools, STEM schools, and college-preparatory boarding schools
through references in R.C. 3314.03(A)(11)(d), 3326.11, and 3328.24.
10 Section 3; repealed R.C. 3323.25, not in the bill.
11 R.C. 3323.25(A)(1).
12 R.C. 3323.01(A), not in the bill, and 20 United States Code 1041 (3) and (30).
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As Introduced
Statutes affected: As Introduced: 3301.079, 3314.03, 3323.11, 3326.11, 3328.24, 3323.25, 3319.077, 3319.078, 3323.251