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How do the requirements for students identified as having characteristics of dyslexia (LB 1052) relate to effective reading instruction and intervention?

LB 1052, now Nebraska Revised Statute 79-11,156, outlines requirements for the identification and support for students who exhibit characteristics of dyslexia, complements the Nebraska Reading Improvement Act. Both laws underscore the role of effective reading instruction and intervention for students who struggle with reading proficiency. The NDE has developed a
technical assistance guide for dyslexia.

The purpose of the guide for dyslexia is to provide information, resources, guidance and support to schools, families and caregivers in understanding the specific learning disability of dyslexia. This technical assistance document is a starting point and includes additional resources for educators to access when they suspect a student may have dyslexia. In addition, 79-11,158 requires teacher education programs to include instruction in dyslexia.

What if a student is still struggling in 4th grade and beyond?

When districts have a well-established Multi-Tiered System of Support (MTSS) Framework, continuous core, supplemental, and instruction with increasing intensity will be provided for all students in PK-12. This framework supports all students who continue to struggle in the area of ELA in fourth grade and beyond. This is best accomplished through a strategic problem solving process to ensure each student has the opportunity to learn and grow in the development of their social, emotional, behavioral, and academic skills.

How will parents be notified if a student is determined to have a reading difficulty?

Parents or guardians of students who are identified with a reading difficulty are notified in writing or in electronic form no later than 15 days after the identification. Notification will come from the student’s school.

Will students be held back if they are not reading on grade level by Grade 3?

No. The Nebraska Reading Improvement Act does not require students to be held back if they are still demonstrating a reading deficiency at the end of 3rd grade. Schools are encouraged to continue providing supports such as targeted interventions to struggling students in 4th grade and beyond.

What resources are available?

  • To assist with implementation, tools and resources are available at  Those include, but are not limited to, the following:
    • List of approved reading assessments including the performance levels at which a deficiency is identified
    • Individual Reading Improvement Plan guidance document
    • Program Comparison Chart
    • Communication tools
    • List of evidence-based practices

What is the timeline for administering the three required assessments during the school year?

The first assessment must be administered within the first 30 school days of the year. While decisions about subsequent administrations are made locally, screeners should be scheduled so that other requirements such as parental notification and creation of an Individualized Reading Improvement Plan (IRIP) are met in a timely manner, well before the conclusion of the school year, and at intervals that allow for sufficient time for interventions to occur.

Why Grade 3?

As students transition from early to upper elementary grades, reading instruction also shifts. Once students enter fourth grade, they are increasingly tasked to learn from their reading rather than learn how to read. There is a higher expectation for students to be able to readindependently and understand what they are reading. Reading at or above grade level by the
end of third grade is a significant predictor of future success. Children who are not reading proficiently by the end of third grade will continue to struggle academically as they are called upon to engage with increasingly complex texts across content areas.1

1Annie E. Casey Foundation, Double Jeopardy: How Third-Grade Reading Skills and Poverty
Influence High School Graduation, 2011

When did the Nebraska Reading Improvement Act go into effect?

The Nebraska Reading Improvement Act (Section 79-2601-79-2607) went into effect beginning the 2019-2020 school year.