SB 81

Enrolled Copy  S.B. 81
1Dyslexia Testing Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Jen Plumb
  House Sponsor: Ariel Defay
2
3  LONG TITLE
4  General Description:
5      This bill addresses dyslexia assessment and diagnosis.
6  Highlighted Provisions:
7      This bill:
8      ▸ requires a school district or charter school to take certain actions, including individualized
9  intervention, if a dyslexia assessment administered by a licensed individual practicing
10  within the scope of practice for the individual's license, indicates that a student lacks
11  reading competency, demonstrates characteristics of dyslexia, or is lagging in acquiring
12  a reading skill;
13      ▸ provides certain protections to educational professionals;
14      ▸ amends provisions related to the scope of practice for mental health therapists and
15  psychologists to:
16●   align with an approved diagnostic and statistical manual for mental disorders; and
17●   clarify that the scope of practice includes the evaluation and treatment of disorders as
18  defined in the approved diagnostic and statistical manual for mental disorders,
19  including dyslexia;
20      ▸ defines terms; and
21      ▸ makes technical and conforming changes.
22  Money Appropriated in this Bill:
23      None
24  Other Special Clauses:
25      None
26  Utah Code Sections Affected:
27  AMENDS:
S.B. 81  Enrolled Copy
2853E-4-307, as last amended by Laws of Utah 2024, Chapter 60
2958-60-102, as last amended by Laws of Utah 2025, Chapter 367
3058-61-102, as last amended by Laws of Utah 2024, Chapter 420
31
32   Be it enacted by the Legislature of the state of Utah:
33Section 1. Section 53E-4-307 is amended to read:
3453E-4-307 . Benchmark assessments in reading -- Report to parent.
35   (1) As used in this section:
36(a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
37ability that has been organized into a hierarchical arrangement leading to higher
38levels of knowledge, skill, or ability.
39(b)(i) "Diagnosis" means a formal determination that an individual has dyslexia based
40on a comprehensive evaluation conducted by a qualified professional acting
41within the scope of the professional's license or credentials.
42(ii) "Diagnosis" does not mean:
43(A) screening;
44(B) a recommendation from an educational professional to screen a student for
45dyslexia; or
46(C) results from a diagnostic assessment.
47[(b)] (c) "Diagnostic assessment" means an assessment that measures key literacy skills,
48including phonemic awareness, sound-symbol recognition, alphabet knowledge,
49decoding and encoding skills, and comprehension, to determine a student's specific
50strengths and weaknesses in a skill area.
51[(c)] (d) "Dyslexia" means a learning disorder that:
52(i) is neurological in origin and is characterized by difficulties with:
53(A) accurate or fluent word recognition; and
54(B) poor spelling and decoding abilities; and
55(ii) typically results from a deficit in the phonological component of language that is
56often unexpected in relation to other cognitive abilities and the provision of
57effective classroom instruction.
58(e) "Dyslexia assessment" means a diagnostic assessment for the identification of
59dyslexia or a psychoeducational evaluation for the diagnosis of dyslexia.
60[(d)] (f) "Evidence-based" means the same as that term is defined in Section 53G-11-303.
61[(e)] (g) "Evidence-informed" means the same as that term is defined in Section
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6253G-11-303.
63      (h) "Qualified professional" means an individual who has specialized formal training in
64identifying and evaluating reading disorders, including dyslexia.
65      (i) "Qualifying dyslexia assessment" means a dyslexia assessment administered by an
66individual who is:
67(i) licensed under Title 58, Occupations and Professions;
68(ii) practicing within the scope of practice for the individual's license; and
69(iii) competent by training, education, and experience to administer the dyslexia
70assessment.
71      (j) "Screening" means the use of evidence-based measures to identify whether a student
72may:
73(i) be at risk for characteristics of dyslexia; and
74(ii) need additional assessment, progress monitoring, and intervention related to
75dyslexia.
76  (2) The state board shall approve a benchmark assessment for use statewide by school
77      districts and charter schools to assess the reading competency of students in grades 1
78      through 6 as provided by this section.
79  (3)(a) A school district or charter school shall:
80[(a)] (i) administer benchmark assessments to students in grades 1, 2, and 3 at the
81beginning, middle, and end of the school year using the benchmark assessment
82approved by the state board; and
83[(b)] (ii) after administering a benchmark assessment, report the results to a student's
84parent.
85      (b) A student's parent may provide the results of a qualifying dyslexia assessment to a
86school district or charter school.
87  (4)(a) If a benchmark assessment[ or] , supplemental reading assessment, or qualifying
88      dyslexia assessment indicates a student lacks competency in a reading skill, is
89      demonstrating characteristics of dyslexia, or is lagging behind other students in the
90      student's grade in acquiring a reading skill, the school district or charter school shall:
91(i) administer diagnostic assessments to the student;
92(ii) using data from the diagnostic assessment, provide specific, focused, and
93individualized intervention or tutoring to develop the reading skill;
94(iii) administer formative assessments and progress monitoring at recommended
95levels for the benchmark assessment to measure the success of the focused
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96intervention;
97(iv) inform the student's parent of activities that the parent may engage in with the
98student to assist the student in improving reading proficiency;
99(v) provide information to the parent regarding appropriate interventions available to
100the student outside of the regular school day that may include tutoring, before and
101after school programs, or summer school; and
102(vi) provide instructional materials that are evidence-informed for core instruction
103and evidence-based for intervention and supplemental instruction.
104(b) Nothing in this section or in Section 53F-4-203 or 53G-11-303 requires a reading
105software product to demonstrate the statistically significant effect size described in
106Subsection 53G-11-303(1)(a) in order to be used as an instructional material
107described in Subsection (4)(a)(vi).
108   (5)(a) In accordance with Section 53F-4-201 and except as provided in Subsection (5)(b),
109the state board shall contract with one or more educational technology providers for a
110benchmark assessment system for reading for students in kindergarten through grade
1116.
112(b) If revenue is insufficient for the benchmark assessment system for the grades
113described in Subsection (5)(a), the state board shall first prioritize funding a
114benchmark assessment for students in kindergarten through grade 3.
115   (6) A student with dyslexia is only eligible for special education services if the student
116meets federal eligibility criteria.
117   (7)(a) A school district or charter school may not discipline, retaliate against, or subject
118to adverse employment action an educational professional solely for recommending
119or referring a student for dyslexia screening, consistent with:
120(i) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.; or
121(ii) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.
122(b) An educational professional's recommendation that a student receive a dyslexia
123screening does not constitute a diagnosis of dyslexia.
124Section 2. Section 58-60-102 is amended to read:
12558-60-102 . Definitions.
126As used in this chapter, unless a different meaning is established by definition under a
127   specific section or part:
128   (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5.
129   (2) "Client" or "patient" means an individual who consults or is examined or interviewed by
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130      an individual licensed under this chapter who is acting in the individual's professional
131      capacity.
132  (3) "Clinical supervision" means work experience conducted under the supervision of a
133      clinical supervisor, including the practice of mental health therapy, direct client care,
134      direct clinical supervision, direct observation, and other duties and activities completed
135      in the course of the day-to-day job functions and work of:
136      (a) a certified social worker;
137      (b) an associate marriage and family therapist;
138      (c) an associate clinical mental health counselor; or
139      (d) an associate master addiction counselor, wherein the supervisor is available for
140consultation with the supervisee by personal face-to-face contact, or direct voice
141contact by telephone, radio, or other means within a reasonable time consistent with
142the acts and practices in which the supervisee is engaged.
143  (4) "Clinical supervisor" means an individual who oversees and mentors one or more
144      mental health therapists licensed under this chapter, and who:
145      (a)(i) is licensed, in good standing, as a mental health therapist;
146(ii) is approved or certified in good standing as a supervisor by a national
147professional organization for social work, mental health counseling, addiction
148counseling, marriage and family therapy, psychology, medicine, or nursing, or
149other organization as approved by the division;
150(iii)(A) has completed eight or more hours of supervision instruction that meets
151minimum standards established by the division in rule; or
152(B) has completed a graduate course on clinical supervision from an accredited
153program;
154(iv) completes continuing education in clinical supervision, as established by the
155division in rule; and
156(v) provides supervision to no more than the number of individuals to whom the
157supervisor can reasonably provide clinical supervision by performing the duties
158and responsibilities of a supervisor, including:
159(A) being available to the supervisee for consultation by personal face-to-face
160contact, or by direct voice contact by telephone, video conference, or other
161means within a reasonable time frame;
162(B) providing instruction, direction, oversight, observation, evaluation, and
163feedback, to enable the supervisee to acquire the knowledge, skills, techniques,
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164and abilities necessary to engage in the practice of behavioral health care
165ethically, safely, and competently; and
166(C) maintaining routine personal contact with the supervisee; and
167(b)(i) is qualified and acting as a valid supervisor, in accordance with applicable law
168and division rules, as of April 30, 2024; and
169(ii) has satisfied the requirements of Subsection (4)(a), as of January 1, 2027.
170   (5) "Confidential communication" means information obtained by an individual licensed
171under this chapter, including information obtained by the individual's examination of the
172client or patient, which is:
173(a)(i) transmitted between the client or patient and an individual licensed under this
174chapter in the course of that relationship; or
175(ii) transmitted among the client or patient, an individual licensed under this chapter,
176and individuals who are participating in the diagnosis or treatment under the
177direction of an individual licensed under this chapter, including members of the
178client's or patient's family; and
179(b) made in confidence, for the diagnosis or treatment of the client or patient by the
180individual licensed under this chapter, and by a means not intended to be disclosed to
181third persons other than those individuals:
182(i) present to further the interest of the client or patient in the consultation,
183examination, or interview;
184(ii) reasonably necessary for the transmission of the communications; or
185(iii) participating in the diagnosis and treatment of the client or patient under the
186direction of the mental health therapist.
187   (6) "Designated examiner" means the same as that term is defined in Section 26B-5-301.
188   (7)(a) "Direct client care" means the practice of mental health therapy performed as an
189applicant for licensure.
190(b) "Direct client care" includes:
191(i) the practice of mental health therapy;
192(ii) the utilization of patient-reported progress and outcomes to inform care; and
193(iii) direct observation.
194   (8)(a) "Direct clinical supervision" means an applicant for licensure and the applicant's
195direct clinical supervisor meeting in real time and in accordance with the applicant
196for licensure's supervision contract as defined by division rule.
197(b) "Direct clinical supervision" includes group supervision.
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198  (9) "Direct clinical supervisor" means the clinical supervisor who has signed the
199      supervision contract with the applicant for licensure.
200  (10) "Direct observation" means observation of an applicant for licensure's live or recorded
201      direct client care:
202      (a)(i) by the applicant for licensure's clinical supervisor; or
203(ii) by a licensee under Subsection (4)(a) who the applicant for licensure's direct
204clinical supervisor approves; and
205      (b) after which the applicant for licensure and the observer under Subsection (10)(a)
206meet, in-person or electronically, to discuss the direct client care for the purpose of
207developing the applicant for licensure's clinical knowledge and skill.
208  (11) "FBI Rap Back System" means the same as that term is defined in Section 53-10-108.
209  (12) "Group supervision" means an applicant for licensure meeting with the applicant's
210      direct clinical supervisor and at least one of the direct clinical supervisor's other
211      supervised applicants for licensure:
212      (a) while the clinical supervisor and the applicants:
213(i) can see and openly communicate with each other; and
214(ii) are present in the same room or via electronic video; and
215      (b) for the purpose of developing the applicants' clinical knowledge and skill.
216  (13) "Hypnosis" means, when referring to individuals exempted from licensure under this
217      chapter, a process by which an individual induces or assists another individual into a
218      hypnotic state without the use of drugs or other substances and for the purpose of
219      increasing motivation or to assist the individual to alter lifestyles or habits.
220  (14) "Individual" means a natural person.
221  (15) "Mental health therapist" means an individual who is practicing within the scope of
222      practice defined in the individual's respective licensing act and is licensed under this title
223      as:
224      (a) a physician and surgeon, or osteopathic physician engaged in the practice of mental
225health therapy;
226      (b) an advanced practice registered nurse, specializing in psychiatric mental health
227nursing;
228      (c) an advanced practice registered nurse intern, specializing in psychiatric mental health
229nursing;
230      (d) a psychologist qualified to engage in the practice of mental health therapy;
231      (e) a certified psychology resident qualifying to engage in the practice of mental health
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232therapy;
233(f) a physician assistant specializing in mental health care under Section 58-70a-501.1;
234(g) a clinical social worker;
235(h) a certified social worker;
236(i) a marriage and family therapist;
237(j) an associate marriage and family therapist;
238(k) a clinical mental health counselor;
239(l) an associate clinical mental health counselor;
240(m) a master addiction counselor; or
241(n) an associate master addiction counselor.
242   (16) "Mental illness" means a mental [or emotional condition] disorder defined in an
243approved diagnostic and statistical manual for mental disorders generally recognized in
244the professions of mental health therapy listed under Subsection (15).
245   (17) "Practice of mental health therapy" means treatment or prevention of another
246individual's mental illness or emotional disorder, whether in person or remotely,
247including:
248(a) conducting a professional evaluation of an individual's condition of mental health,
249mental illness, or emotional disorder consistent with standards generally recognized
250in the professions of mental health therapy listed under Subsection (15);
251(b) establishing a diagnosis in accordance with established written standards generally
252recognized in the professions of mental health therapy listed under Subsection (15);
253(c) conveying an opinion as to the validity of an individual's established diagnosis;
254(d) prescribing a plan for the prevention or treatment of a condition of mental illness or
255emotional disorder; and
256(e) engaging in the conduct of professional intervention, including:
257(i) psychotherapy by the application of established methods and procedures generally
258recognized in the professions of mental health therapy listed under Subsection (15);
259and
260(ii) modes of treatment designed to treat interpersonal dysfunction; and
261(f) holding oneself out as providing, or has having the skills, experience, or training to
262competently provide, any of the services described in Subsections (17)(a) through (e).
263   (18) "Remotely" means communicating via [Internet] internet, telephone, or other electronic
264means that facilitate real-time audio or visual interaction between individuals when they
265are not physically present in the same room at the same time.
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266  (19) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-60-109.
267  (20) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-60-110, and may
268      be further defined by division rule.
269Section 3. Section 58-61-102 is amended to read:
27058-61-102 . Definitions.
271     In addition to the definitions in Section 58-1-102, as used in this chapter:
272  (1) "Board" means the Behavioral Health Board created in Section 58-60-102.5.
273  (2) "Client" or "patient" means an individual who consults or is examined or interviewed by
274      a psychologist acting in his professional capacity.
275  (3) "Confidential communication" means information, including information obtained by
276      the psychologist's examination of the client or patient, which is:
277      (a)(i) transmitted between the client or patient and a psychologist in the course of that
278relationship; or
279(ii) transmitted among the client or patient, the psychologist, and individuals who are
280participating in the diagnosis or treatment under the direction of the psychologist,
281including members of the client's or patient's family; and
282      (b) made in confidence, for the diagnosis or treatment of the client or patient by the
283psychologist, and by a means not intended to be disclosed to third persons other than
284those individuals:
285(i) present to further the interest of the client or patient in the consultation,
286examination, or interview;
287(ii) reasonably necessary for the transmission of the communications; or
288(iii) participating in the diagnosis and treatment of the client or patient under the
289direction of the psychologist.
290  (4) "Hypnosis" means, regarding individuals exempted from licensure under this chapter, a
291      process by which one individual induces or assists another individual into a hypnotic
292      state without the use of drugs or other substances and for the purpose of increasing
293      motivation or to assist the individual to alter lifestyles or habits.
294  (5) "Individual" means a natural person.
295  (6) "Mental health therapist" means an individual licensed under this title as a:
296      (a) physician and surgeon, or osteopathic physician engaged in the practice of mental
297health therapy;
298      (b) an advanced practice registered nurse, specializing in psychiatric mental health
299nursing;
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300(c) an advanced practice registered nurse intern, specializing in psychiatric mental health
301nursing;
302(d) psychologist qualified to engage in the practice of mental health therapy;
303(e) a certified psychology resident qualifying to engage in the practice of mental health
304therapy;
305(f) clinical social worker;
306(g) certified social worker;
307(h) marriage and family therapist;
308(i) an associate marriage and family therapist;
309(j) a clinical mental health counselor; or
310(k) an associate clinical mental health counselor.
311   (7) "Mental illness" means a mental [or emotional condition] disorder defined in an
312approved diagnostic and statistical manual for mental disorders generally recognized in
313the professions of mental health therapy listed under Subsection (6).
314   (8) "Practice of mental health therapy" means the treatment or prevention of mental illness,
315whether in person or remotely, including:
316(a) conducting a professional evaluation of an individual's condition of mental health,
317mental illness, or emotional disorder;
318(b) establishing a diagnosis in accordance with established written standards generally
319recognized in the professions of mental health therapy listed under Subsection (6);
320(c) prescribing a plan for the prevention or treatment of a condition of mental illness or
321emotional disorder; and
322(d) engaging in the conduct of professional intervention, including psychotherapy by the
323application of established methods and procedures generally recognized in the
324professions of mental health therapy listed under Subsection (6).
325   (9)(a) "Practice of psychology" includes:
326(i) the practice of mental health therapy by means of observation, description,
327evaluation, interpretation, intervention, and treatment to effect modification of
328human behavior by the application of generally recognized professional
329psychological principles, methods, and procedures for the purpose of preventing,
330treating, or eliminating mental or emotional illness or dysfunction, the symptoms
331of any of these, or maladaptive behavior;
332(ii) the observation, description, evaluation, interpretation, or modification of human
333behavior by the application of generally recognized professional principles,
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334methods, or procedures requiring the education, training, and clinical experience
335of a psychologist, for the purpose of assessing, diagnosing, preventing, or
336eliminating symptomatic, maladaptive, or undesired behavior and of enhancing
337interpersonal relationships, work and life adjustment, personal effectiveness,
338behavioral health, and mental health;
339(iii) psychological testing and the evaluation or assessment of personal characteristics
340such as intelligence, personality, abilities, interests, aptitudes, and
341neuropsychological functioning;
342(iv) counseling, marriage and family therapy, psychoanalysis, psychotherapy,
343hypnosis, and behavior analysis and therapy;
344(v) diagnosis and treatment of mental and emotional disorders of disability,
345alcoholism and substance abuse, disorders of habit or conduct, and the
346psychological aspects of physical illness, accident, injury, or disability; and
347(vi) psychoeducational evaluation, therapy, remediation, and consultation.
348      (b) An individual practicing psychology may provide services to individuals, couples,
349families, groups of individuals, members of the public, and individuals or groups
350within organizations or institutions.
351  (10) "Remotely" means communicating via [Internet] internet, telephone, or other electronic
352      means that facilitate real-time audio or visual interaction between individuals when they
353      are not physically present in the same room at the same time.
354  (11) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-61-501.
355  (12) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-61-502, and may
356      be further defined by division rule.
357Section 4. Effective Date.
358  This bill takes effect on May 6, 2026.
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