Ohio Rev. Code § 3323.251

Current with legislation from 2024 received as of August 15, 2024.
Section 3323.251 - Dyslexia screening measure
(A) Each school district and other public school shall do all of the following:
(1) For the 2023-2024 school year, administer a tier one dyslexia screening measure to a student to whom either of the following applies:
(a) The student is enrolled in any of grades kindergarten through three, or the student transfers into the district or school midyear and is enrolled in any of grades kindergarten through three. A screening measure shall be administered to a student enrolled in kindergarten after January 1, 2024, but prior to January 1, 2025.
(b) The student is enrolled in any of grades four through six, or the student transfers into the district or school midyear and is enrolled in any of grades four through six, and either of the following applies:
(i) The student's parent, guardian, or custodian requests that the screening measure be administered to the student.
(ii) A classroom teacher requests that the screening measure be administered to the student and the student's parent, guardian, or custodian grants permission for the screening measure to be administered.

A school district may implement the screening under division (A)(1) of this section prior to the 2023-2024 school year.

A screening measure administered under division (A)(1) of this section shall be aligned to the grade level in which the student is enrolled at the time the screening is administered.

(2) For the 2024-2025 school year and each school year thereafter, administer a tier one dyslexia screening measure to a student to whom either of the following applies:
(a) A student enrolled in kindergarten, or a student who transfers into the district or school midyear and is enrolled in kindergarten. A screening measure shall be administered to a student after the first day of January of the school year in which the student is enrolled in kindergarten and prior to the first day of January of the following school year.
(b) A student enrolled in any of grades one through six, or a student who transfers into the district or school midyear and is enrolled in any of grades one through six, if either of the following applies:
(i) The student's parent, guardian, or custodian requests that the screening measure be administered to the student.
(ii) A classroom teacher requests that the screening measure be administered to the student and the student's parent, guardian, or custodian grants permission for the screening measure to be administered.

A district or school may administer a tier two dyslexia screening measure to a student to whom the district or school administers a tier one screening measure under division (A)(1) or (2) of this section. In that case, a district or school shall not be required to complete division (A)(4) of this section.

A screening measure administered under division (A)(2) of this section shall be aligned to the grade level in which the student is enrolled at the time the screening is administered.

(3) Identify each student that is at risk of dyslexia based on the student's results on the tier one screening measure and notify the student's parent, guardian, or custodian that the student has been identified as being at risk.
(4) Monitor the progress of each at-risk student toward attaining grade-level reading and writing skills for up to six weeks. The district or school shall check each at-risk student's progress on at least the second week, fourth week, and sixth week after the student is identified as being at risk. If no progress is observed during the monitoring period, the district or school shall notify the parent, guardian, or custodian of the student and administer a tier two dyslexia screening measure to the student.
(5) Report to a student's parent or guardian the student's results on a tier two screening measure approved by the Ohio dyslexia committee within thirty days after the measure's administration. If, as determined by the tier two screening measure, the student is identified as having dyslexia tendencies, the student's parent or guardian shall be provided with information about reading development, the risk factors for dyslexia, and descriptions for evidenced-based interventions.
(6) If a student demonstrates markers for dyslexia, provide the student's parents or guardian with a written explanation of the district or school's structured literacy program.
(B)
(1) In the case of a transfer student described in division (A)(1) or (2) of this section, the following apply:
(a) If the student is enrolled in kindergarten, a tier one dyslexia screening measure shall be administered to the student during the school's regularly scheduled screening of the kindergarten class or within thirty days after the student's enrollment if so required under this section, or within thirty days after the student's parent, guardian, or custodian requests the screening or grants permission for a screening.
(b) If the student is enrolled in any of grades one through six, a tier one dyslexia screening measure shall be administered to the student within thirty days after the student's enrollment if so required under this section, or within thirty days after the student's parent, guardian, or custodian requests the screening under division (A)(1)(b)(i) or (A)(2)(b)(i) of this section or grants permission for the screening under division (A)(1)(b)(ii) or (A)(2)(b)(ii) of this section.
(c) No district or school shall be required to administer a tier one dyslexia screening measure to a student who transfers into the district or school midyear if the student's records indicate that such a screening was administered to the student by the district or school from which the student transferred during that school year.
(2) If a student is identified as being at risk of dyslexia under division (B)(1) of this section, the district or school shall administer a tier two screening measure in a timely manner.
(C) Each district or school shall do all of the following:
(1) Comply with any provisions that are statutorily required, as they pertain to the guidebook developed under division (C) of section 3323.25 of the Revised Code;
(2) Select screening and intervention measures to administer to students from the measures identified under division (E) of section 3323.25 of the Revised Code;
(3) Establish a multidisciplinary team to administer screening and intervention measures and analyze the results of the measures. The team shall include trained and certified personnel and a stakeholder with expertise in the identification, intervention, and remediation of dyslexia.
(4) Report to the department of education and workforce the results of screening measures administered under this section.

In addition, districts and schools may utilize any best practices and recommendations contained in the guidebook developed under division (C) of section 3323.25 of the Revised Code.

R.C. § 3323.251

Amended by 135th General Assembly, HB 33,§130.100, eff. 10/3/2023.
Amended by 135th General Assembly, HB 33,§101.01, eff. 10/3/2023.
Amended by 134th General Assembly, HB 583,§1, eff. 9/23/2022.
Added by 133rd General Assembly, HB 436,§1, eff. 4/12/2021.