Chapter 25D. Prevention of Reading Difficulties.

§ 38–2581.01. Definitions.

(1) "Dyslexia" means a specific learning disability that:

(A) Is neurobiological in origin;

(B) Is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities, which typically result from a deficiency in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction; and

(C) May have secondary consequences, such as problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(2) "Educator" means a teacher, school administrator, guidance counselor, social worker, or an individual who works with students with special needs in an academic capacity.

(3) "Local education agency" or "LEA" means the District of Columbia Public Schools system, any individual public charter school, or any group of public charter schools operating under a single charter.

(4) "OSSE" means Office of the State Superintendent of Education.

(5) "Public school" means District of Columbia Public Schools and public charter schools in the District of Columbia.

(6) "Reading difficulty" means any neurological or physical impediment to reaching grade-level developmental reading milestones, including dyslexia, dyscalculia, or dysgraphia, and other reading disabilities.

(7) "Science-based reading program" means a reading curriculum, based on the science of reading, that includes explicit and systematic instruction in phonemic awareness, phonics, fluency, vocabulary, and comprehension strategies.

(Mar. 16, 2021, D.C. Law 23-191, § 101, 68 DCR 00115.)

Applicability

Section 7195 of D.C. Law 24-45 repealed section 301 of D.C. Law 23-191 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-191 has been implemented.

Section 7195 of D.C. Act 24-159 repealed section 301 of D.C. Law 23-191 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-191 has been implemented.

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 101 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 38–2581.02. Office of the State Superintendent of Education responsibilities.

(a) Beginning with School Year 2022-2023, OSSE shall provide an array of supports, informed by best practices such as the knowledge and practice standards of an international association of dyslexia, to assist LEAs and public schools to achieve the requirements and goals set forth in this chapter and to adopt teaching and learning practices that support students with reading difficulties, including:

(1) Regular, high-quality professional development opportunities for an LEA's

educators that will enable educators to:

(A) Understand and recognize reading difficulties;

(B) Screen for reading difficulties; and

(C) Implement instruction in the general education classroom, or during reading intervention, that is systemic, cumulative, explicit, diagnostic, multi-sensory, and evidence-based to meet the educational needs of students with reading difficulties.

(2) Awareness training on reading difficulties for all LEA educators, including those covered by § 38-2581.03(a).

(3) A list of recommended screening instruments that an LEA may use to identify students who are at risk of reading difficulties, which screen for the following factors:

(A) Phonological awareness;

(B) Rapid naming skills;

(D) Decoding; and

(4) Guidance on:

(A) How to identify if a student has one or more reading difficulties, including how to distinguish whether an English language learner's reading issue is due to a reading difficulty or is associated with learning English as a second language;

(B) Proper protocols and procedures for screening students for potential reading difficulties; and

(C) Specialized, multi-tiered remediation and intervention instruction that is grounded in science-based reading instruction, intended for a general education setting and designed to support students who are identified as being at risk of having reading difficulties.

(b) For the purpose of providing LEAs and public schools the services set forth in subsection (a) of this section, OSSE may:

(1) Award a contract or grant to one or more for-profit or nonprofit organizations;

(2) Award contracts or competitive or formula grants to LEAs, schools, or partnerships developed among schools or with nonprofit organizations;

(3) Establish a memorandum of understanding with a District agency; or

(4) Any combination of paragraphs (1) through (3) of this subsection.

(c) OSSE shall hire at least one individual who has an expertise in reading and reading difficulties to implement the requirements of this section and § 38-2581.06.

(Mar. 16, 2021, D.C. Law 23-191, § 102, 68 DCR 00115.)

Applicability

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 102 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 38–2581.03. Required awareness training on reading difficulties.

(a) Repealed.

(b) Beginning with School Year 2024-25, and annually thereafter, each educator employed by an LEA by October 5 of a given school year shall complete awareness training on reading difficulties as provided or approved by OSSE.

(Mar. 16, 2021, D.C. Law 23-191, § 103, 68 DCR 00115; Sept. 18, 2024, D.C. Law 25-217, § 4173(a), 71 DCR 9990.)

Applicability

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 103 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4173(a) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

§ 38–2581.04. Universal screening and intervention for reading difficulties.

(a) Beginning with School Year 2023-2024, using the guidance provided by OSSE pursuant to § 38-2581.02(a)(3), an LEA shall ensure that all students in kindergarten through second grade are screened for reading difficulties.

(b) If an LEA chooses to use a screening instrument that is not recommended by OSSE pursuant to § 38-2581.02(a)(3), the LEA shall make available, upon request, its reasoning as to why it chose to use that particular screening tool.

(Mar. 16, 2021, D.C. Law 23-191, § 104, 68 DCR 00115.)

Applicability

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 104 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 38–2581.05. Reading intervention.

(a) Beginning with School Year 2023-2024, if the screening results from the universal screening performed pursuant to § 38-2581.04 indicate that a student is at risk of having a reading difficulty, an LEA shall:

(1) Provide remediation and intervention instruction that will explicitly address

the area of need identified in the screening; and

(2) Provide written notification to the parent or guardian of the student that includes the screening results, describes the supplemental reading instruction that will be provided to the student, and requests a meeting to discuss individualized student support.

(b) This section does not alleviate a local education agency from its obligations under the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.).

(Mar. 16, 2021, D.C. Law 23-191, § 105, 68 DCR 00115.)

Applicability

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 105 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

§ 38–2581.06. Compliance reporting.

(a) Beginning October 31, 2024, and by October 31 of each year thereafter, District of Columbia Public Schools ("DCPS") and each public charter LEA shall send a letter to OSSE reporting whether each school under the LEA's authority has complied with the requirements set forth in this chapter. If a school has failed to comply with one or more sections of this chapter, the LEA shall state the name of the school, the deficiency, and the timeline for curing the deficiency.

(b) Repealed.

(c) OSSE shall make publicly available the compliance letters within 10 business days after receiving the letters from DCPS and the public charter LEAs.

(Mar. 16, 2021, D.C. Law 23-191, § 106, 68 DCR 00115; Sept. 18, 2024, D.C. Law 25-217, § 4173(b), 71 DCR 9990.)

Applicability

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 106 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4173(b) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

§ 38–2581.07. Science-based reading program.

Beginning with School Year 2024-2025, each LEA shall adopt a science-based reading program.

(Mar. 16, 2021, D.C. Law 23-191, § 107, 68 DCR 00115.)

Applicability

Applicability of D.C. Law 23-191: § 301 of D.C. Law 23-191 provided that the creation of this section by § 107 of D.C. Law 23-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.