Dyslexia is a learning disability that impacts a student’s ability to read, write, and spell. Clearly therefore, Dyslexia impacts a student’s education and it is important to understand how dyslexia is recognized and addressed by schools and how special education law can protect students with Dyslexia. In this article we explore how Dyslexia is identified, addressed within schools the legal rights and protections afforded to students with dyslexia under special education law.
Understanding Dyslexia
Dyslexia is a neurological condition that affects the way individuals process language. It is characterized by difficulties in reading, reading fluency, slow reading, and spelling. Students with Dyslexia struggle to “decode” words meaning they have difficulty recognizing the sounds associated with letters. As a result a student with Dyslexia often reads slowly and is so focussed on trying to “decode” letter sounds that he or she is unable to focus on the meaning of the text. Therefore, Dyslexia can lead to a student falling behind academically and, in many cases, leads to disruptive behaviors as the student loses focus and ‘gives up’ in class. It is important to know that Dyslexia does not indicate a lack of intelligence or effort and for most students with Dyslexia individually targeted reading intervention provides a path for the student to catch up academically.
Dyslexia and the Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive appropriate educational services and support. Reading disabilities, such as Dyslexia, are recognized as disabilities under the IDEA. Note, that in legal terms a reading disability is often referred to as a Specific Learning Disability in Reading. The IDEA provides rights and protections for students with disabilities, including students with Dyslexia, including the following:
- Free Appropriate Public Education (FAPE): Students are entitled to receive a free and appropriate public education (a FAPE). For many students with disabilities, including Dyslexia, this includes individualized instruction (such as specialized reading instruction), accommodations, and supplementary services and support.
- Individualized Education Program (IEP): An IEP is an education program or “plan” designed to ensure a disabled student receives the appropriate support and services to address their disabilities and makes appropriate progress in school. The IEP identifies the student’s disabilities, outlines educational goals, and provides support and services to ensure those educational goals are met.
- Evaluation and Eligibility Determination: Schools are required to conduct comprehensive evaluations to determine if a student has a disability, including Dyslexia and is otherwise eligible for special education services. These evaluations should be conducted by qualified professionals and should consider all areas of suspected disability.
- Related Services and Accommodations: Students with disabilities, including Dyslexia are often provided with special support and services, such as specialized reading instruction and / or speech-language therapy, so as to ensure access to the educational curriculum.
- Parental Involvement: Parents play a crucial role in the special education process. Parents have the right to be involved in all decisions concerning their child’s education, including evaluations, the development of the IEP, and where their child goes to school.
Decision-Making Process for Students with Dyslexia
The decision-making process to identify a student with a disability and determine eligibility for appropriate support and services for a student with Dyslexia involves multiple key steps, including the following:
1. Initial Referral and Evaluation
The process typically begins with an initial referral of a student with a suspected disability for an evaluation. A student with suspected Dyslexia might be identified as a slow reader or otherwise show signs of difficulties with language. A referral for an evaluation can come from teachers, parents, or even the student themselves. Once a referral for an evaluation is made, the school initiates a comprehensive evaluation process to gather information about the student’s disabilities. It is important to remember that a student may have more than one disability, so a comprehensive evaluation is important.
During the evaluation, multiple education professionals, such as teachers, school psychologists, behavioral experts and speech and language therapists, conduct assessments to determine if the student has Dyslexia and / or any other disabilities that might be impacting their education. Parents are also an important part of the evaluation process and have important information about how the student copes with school and homework. The evaluation process will also include a review of a student’s academic records.
2. Eligibility Determination
Eligibility requires a two-step determination. First, that the student has a disability and second that the student is in need of special education services.
3. Individualized Education Program (IEP) Development
If a student is found eligible for special education services, an Individualized Education Program (IEP) is developed. The IEP outlines the student’s strengths and weaknesses, sets educational goals, and specifies the services, accommodations, modifications, and supports for the student to meet those goals and make appropriate educational progress. The IEP is developed collaboratively by the IEP including parents, teachers, the school psychologist and service providers.
4. Provision of Services and Progress Monitoring
Once the IEP is developed, the school is responsible for providing the support, services and accommodations specified in the IEP. Often a student with Dyslexia will require a specialized reading program to instruct the student in how to decode language and read fluently. There are many specialized reading programs available. It is important that the school closely monitors the student’s progress both in the chosen reading program and more generally in reading benchmarks. If the student with Dyslexia is not making appropriate progress in reading then a different reading program may have to be utilized, and in some cases a student with Dyslexia may need to be placed at a school that specializes in teaching students with Dyslexia.
Example of the Decision-Making Process
Let’s consider an example to illustrate how the decision-making process for a student with Dyslexia works:
Emily is a third-grade student. Emily’s teacher notices that Emily tries hard but is a slow reader and is easily distracted in class. The teacher has also noticed that Emily scores significantly better in math tests when compared to reading tests. Emily’s parents have noticed that Emily does not read at home and refuses to do homework. The teacher suspects Emily may have a reading disorder and refers Emily for an evaluation.
The school psychologist undertakes a comprehensive evaluation of Emily, including an assessment of her intellectual strengths and a review of her academic achievement. Emily’s parents fill out a questionnaire relating to Emily’s ability to focus. A speech therapist also assesses Emily. The evaluation reveals that Emily has good intellectual strength but scores significantly lower in reading tests compared to other subject areas. The parent questionnaire reveals that Emily has difficulty focussing. The school psychologist determines Emily has two disabilities, a Specific Learning Disability in Reading (Dyslexia) and Attention Deficit Disorder (ADD) and is in need of special education support and services. The school convenes a meeting of the IEP team, including with Emily’s parents, to develop an IEP. The IEP includes specialized reading instruction, small-group support, and additional time for Emily to take tests and assignments. The IEP also provides seating in class for Emily to sit close to the teacher. The IEP provides a reading goal that envisions Emily making significant progress in reading. The IEP also provides for Emily to be evaluated in class to determine how often and when she loses focus.
Emily’s progress is closely monitored. Her teachers and specialists regularly communicate with Emily’s parents about her progress. The reading intervention is increased through the school year to accelerate Emily’s progress in reading and the IEP goal in reading is adjusted accordingly. Parents note that Emily seems happier about going to school and is more willing to do her homework.
Frequently Asked Questions about Dyslexia and Special Education Law
1. Can Dyslexia be diagnosed in schools?
Yes, Dyslexia can be diagnosed in schools through an evaluation process, although the school will often refer to the reading disability as a Specific Learning Disability in Reading. The evaluation process typically involves assessments by qualified professionals, such as special education teachers, psychologists, and speech-language therapists.
2. Are students with Dyslexia automatically eligible for special education services?
Eligibility for special education services involves a two-step process, first a determination that a student has a disability (such as Dyslexia) and second that the student requires special education support and services.
3. What types of accommodations and supports are available for students with Dyslexia?
Students with Dyslexia usually require special reading instruction to learn how to decode letters and sounds. There are a large number of reading programs available. Other support and services might include guided classroom notes, extra time on assignments and tests, the use of assistive technology such as text-to-speech software, access to audiobooks or digital texts, and preferential seating.
4. How can parents advocate for their child with Dyslexia within the special education system?
Parents can advocate for their child with Dyslexia within the special education system by monitoring their child’s progress at school, actively participating in the decision-making process, staying informed about their child’s rights and entitlements and developing a collaborative relationship with school professionals.
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