and Dyscalculia Under 504 Cynthia Buechler Attorney at Law Buechler amp Associates PC What is dyslexia The International Dyslexia Association defines dyslexia as a specific learning disability that is neurobiological in origin It is characterized by difficulties with accurate ando ID: 1045373
Download Presentation The PPT/PDF document "“The Three D’s”: Addressing Dyslex..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
1. “The Three D’s”:Addressing Dyslexia, Dysgraphia and Dyscalculia Under 504Cynthia BuechlerAttorney at LawBuechler & Associates, P.C.
2. What is dyslexia?The International Dyslexia Association defines dyslexia as “ a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.”
3. What is dysgraphia? Dysgraphia is a condition of impaired letter writing by hand. Impaired handwriting can interfere with learning to spell words in writing and speed of writing text. Research to date has shown orthographic coding in working memory is related to handwriting and is often impaired in dysgraphia. Orthographic coding refers to the ability to store written words in working memory while the letters in the word are analyzed or the ability to create permanent memory of written words linked to their pronunciation and meaning.
4. What is dysgraphia? The use of term “dysgraphia” is not very common and sometimes confusing. The Diagnostic and Statistical Manual of Mental Disorder (DSM-V), which is the most widely used manual for assigning learning differences, does not contain the word dysgraphia. Instead, the DSM-V describes this particular diagnosis as a “Specific Learning Disorder, with impairment in written expression”.
5. What is dysgraphia? In order to obtain such a diagnosis, a student must demonstrate an unexpected deficiency in writing and meet four basic criteria, including:Symptoms for at least 6 monthsSignificant interference with academic performanceBegin during school-aged yearsAre not accounted for by other disorders
6. What is dyscalculia?Dyscalculia is a mathematical disability in which a person has unusual difficulty solving arithmetic problems and grasping math concepts. It’s estimated that between 5% and 7% of elementary school aged children may have dyscalculia. DSM-5 does not use the word dyscalculia, but rather refers to the condition as a specific learning disorder in mathematics.
7. Does every student that is suspected of having dyslexia have to be referred for a special education evaluation?No. As the Dyslexia Handbook points out, the U.S. Department of Education Office of Special Education Programs (OSEP) stated in its January 11, 2018 letter to the Texas Education Agency, “It is certainly permissible to provide services to children with dyslexia under Section 504.” However, IDEA requires a referral for a FIE when a student is identified with dyslexia and has a need for special education services. The decision to refer a student for an evaluation under Section 504 or IDEA must be made individually for each student.
8. Can parents refuse Section 504?For the student who has been evaluated and determined to be Section 504 eligible, OCR has indicated that parents can refuse the initial provision of Section 504 services and revoke consent for continued Section 504 services. However, there is no authority in the Section 504 regulations or in published OCR guidance for the proposition that a parent can unilaterally remove Section 504 eligibility. All the parent/guardian can remove is the services; the nondiscrimination protections of Section 504 will remain.
9. How does the RTI team determine whether the student should be evaluated under Section 504 or IDEA for dyslexia or a related disorder?If it is suspected or known that the student has a disability that is adversely affecting education performance and who likely needs an individualized education program that is specifically tailored to his or her unique needs, that student should be referred for a full individual evaluation under IDEA. If the team suspects that the student will respond well to interventions provided through general education, then the student can be evaluated under Section 504.
10. How does the RTI team determine whether the student should be evaluated under Section 504 or IDEA for dyslexia or a related disorder?The Child Find duty is triggered when a school district has reason to suspect a student has a disability and reason to suspect that special education services may be needed to address the disability. When these suspicions arise, the school district must evaluate the student within a “reasonable” time after school officials have notice of reasons to suspect a disability.
11. How does the RTI team determine whether the student should be evaluated under Section 504 or IDEA for dyslexia or a related disorder?The analysis for resolving a Child Find issue is two-fold: Whether the school district had reason to suspect the student has a disability and had reason to suspect the student may need special education and related services as a result of the disability; and Whether the school district acted in a “reasonable” amount of time after having reason to suspect the student may need special education and related services.
12. How does the RTI team determine whether the student should be evaluated under Section 504 or IDEA for dyslexia or a related disorder?As the caselaw has held, IDEA requires more than a diagnosis of a disability; it requires that a child exhibits symptoms of a qualifying disability and exhibits them to such a degree that they interfere with the child's ability to benefit from the general education setting. Student v. Lake Travis Indep. Sch. Dist., No. A-07-CA-152-SS (W.D. Tex. Filed Aug. 10, 2007); Alvin Indep. Sch. Dist. v. Student, 46 IDELR 221(5th Cir. 2007).
13. Can a student who is dyslexic be in the accelerated or advanced classes or programs?Yes. A student with a disability, such as dyslexia, may not be denied admission to an accelerated or advanced class or program solely because the student has an IEP or accommodation plan.
14. Does a dyslexia or related disorder evaluation require parental consent?Yes. Whether the student is evaluated under Section 504 or IDEA, written parental consent must be obtained before the evaluation can begin.
15. If the student is currently receiving speech under IDEA, but the school suspects that the student may be dyslexic, is the student evaluated for dyslexia under Section 504 or IDEA?Students who are currently eligible under IDEA and have an IEP and who are now suspected of having dyslexia or a related disorder must undergo a reevaluation under IDEA.
16. Who determines whether the student is dyslexic and needs 504 services?In order to be eligible for Section 504 services, the 504 committee members must determine that the student has a physical or mental impairment that substantially limits a major life activity.
17. Who determines whether the student who is dyslexic should receive special education services?Dyslexia is subsumed under the definition of a specific learning disability. In order to qualify for special education and related services, the student must meet the criteria for the eligibility of a specific learning disability. The ARD committee determines whether the student qualifies for special education and related services.
18. What is needed for a successful dyslexia reading intervention?According to the Dyslexia Handbook, a successful program has these components:Early intervention;Intense instruction;High-quality instruction; andSufficient duration.
19. What is intense instruction?Optimally, a child who is struggling to read should be given instruction in a group of three and not larger than four students, and the child should receive this specialized reading instruction at least four, and preferably five days a week.
20. Do these interventions need to be scientifically researched based?Yes. There are interventions that claim to treat dyslexia, but scientifically, peer-reviewed research has demonstrated ineffective results for students with dyslexia. According to the Dyslexia Handbook, colored overlays and colored lenses are among those interventions that are not supported by research.
21. How can a school fund the dyslexia program?According to the Dyslexia Handbook, “State foundation funds, state compensatory funds, federal title funds, or local funds may be used. State compensatory and federal title funds are used to supplement the regular classroom instruction. For students whose disability warrants special education services, special education funds may be used to provide direct and indirect services to students who are eligible for special education and related services.
22. How can a school fund the dyslexia program?However, IDEA has identified that a school district or charter school may use up to 15% of its IDEA 2004 B entitlement for early intervention services for any child in kindergarten through grade 12 who is not currently identified as needing special education or related services, but needs additional academic and behavioral supports to succeed in a general education environment. These funds are to be used as supplemental funds and should not be used to supplant local, state, or other federal program dollars.
23. When should a student who is being served under Section 504 for dyslexia be referred for a special education evaluation?Schools need to review the progress and individual data for students with dyslexia receiving services under Section 504. All students receiving interventions should be subject to ongoing progress monitoring and data-based decision making. A student that is being successfully served under Section 504 and making good gains does not need a special education referral. However, when a student is still struggling and not making the gains anticipated with the interventions that are being provided, the school should consider a special education evaluation.
24. If the parent disagrees with the school district’s evaluation, are they entitled to have an independent educational evaluation under Section 504?Under 504, if a parent disagrees with the district’s evaluation, the parent may obtain a private evaluation, however, it will be at parent expense.
25. If a student qualifies for dyslexia services, what information needs to be provided to the parent(s)?Each school must provide a parent education program for parents and guardians of students with dyslexia and related disorders, including:Awareness of characteristics of dyslexia and related disorders;Information on testing and diagnosis of dyslexia;Information on effective strategies for teaching students with dyslexia and related disorders; andAwareness of information on accommodations, especially accommodations allowed on standardized testing.
26. Can any teacher provide dyslexia services?No. Those teachers who will be screening and treating students with dyslexia and related disorders must be trained in instructional strategies which utilize individualized, intensive, multisensory, phonetic methods, and a variety of writing and spelling components described in The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders.
27. What if the district’s testing shows that the student has a deficit in reading comprehension, but the parent insists on placing the student in the dyslexia program, what should the committee do?While the parent’s input is important, the committee is charged with doing what they believe in their professional opinion is appropriate for the child. In the case of Student v. Klein ISD, 224-SE-0418 (2018), at an ARD meeting, the parent’s representative convinced the District to adopt the view that the student’s primary area of need was in the area of dyslexia. No evaluation data supported identifying the student as dyslexic. The District’s FIE, parent’s expert, and parent’s outside dyslexia services provider did not identify the student with dyslexia.
28. What if the district’s testing shows that the student has a deficit in reading comprehension, but the parent insists on placing the student in the dyslexia program, what should the committee do?The only specialized reading program the District recommended for the student was a general education dyslexia program that did not address the student’s reading comprehension issues. The District also placed the student into a co-teach classroom 3.5 hours per week to assist with providing the Student accommodations.
29. What if the district’s testing shows that the student has a deficit in reading comprehension, but the parent insists on placing the student in the dyslexia program, what should the committee do?Placement in the co-teach classroom was an effort to accommodate, but not remediate the student’s reading comprehension issues. Consequently, the hearing officer found that the District did not provide the student a program that was individualized on the basis of assessment and performance and focused on the student’s difficulties in reading comprehension and awarded compensatory services.