3 Steps to Start Advocating for Your Child
1. Should you be concerned about your child's reading? |
2. Where is your child at with their reading? |
3. What are your child's rights? |
Understanding your child's rights
What does the law say?
Massachusetts schools have the responsibility to use the term correctly and service providers must be knowledgeable about dyslexia and the evidence based services specifically for dyslexia using a valid science based definition. Your rights are defined by two sets of federal laws:
The Americans with Disability Act (ADA) - 504 Accommodations
Discrimination on the basis of disability (for example, dyslexia) in schools is prohibited by Section 504 of the Rehabilitation Act of 1973. The Americans With Disabilities Act (ADA) applies to all entities including pubic schools that receive at least $1 of Federal funds. Universities, public buildings, government agencies all must provide equal access to persons with disabilities.
In schools, if an individual is found eligible, necessary accommodations must be formalized into a 504 Plan. 504 Accommodations provide equal access to the curriculum for persons with disabilities. If a student requires specialized instruction and has an IEP they automatically qualify for accommodations particular to their needs and disability. But if a student does not need specialized instruction or no longer needs specialized instruction, they still may require accommodations to access the curriculum. This is why students can have 504 Accommodations without an IEP.
Individuals with Disabilities Education Act (IDEA) - Special Education
IDEA is specific to education and applies to public education until grade 12. The law provides important definitions and standards that public schools must understand and meet to be in compliance with the law.
What is a specific learning disability (SLD)?
According to IDEA, “specific learning disability” is listed as qualifying disability and defined as: “a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.” (See 20 U.S.C. §1401(30) and 34 CFR §300.8(c)(10) - emphasis added.)
How is the term dyslexia defined and used?
IDEA regulation divides reading into three different skills:
MA schools have the responsibility to use the term dyslexia correctly and service providers must be knowledgeable about dyslexia and the evidence based services specifically for dyslexia using a valid science based definition. This is documented in the US Department of Education Guidance Letter for Dyslexia, Dyscalculia and Dysgraphia. Guidance like this is issued to clarify existing law and is sent to each state to be distributed to the local schools as a reference.
This matters when you are advocating because the letter states: "There is nothing in the IDEA or our implementing regulations that prohibits the inclusion of the condition that is the basis for the child’s disability determination in the child’s IEP. In addition, the IEP must address the child’s needs resulting from the child’s disability to enable the child to advance appropriately towards attaining his or her annual IEP goals and to enable the child to be involved in, and make progress in, the general education curriculum. 34 CFR §§300.320(a)(1), (2), and (4). Therefore, if a child’s dyslexia, dyscalculia, or dysgraphia is the condition that forms the basis for the determination that a child has a specific learning disability, OSERS believes that there could be situations where an IEP Team could determine that personnel responsible for IEP implementation would need to know about the condition underlying the child’s disability .."
You can read the full letter, print it out and share it with teachers, counselors, special education providers and team members. Bring it in full to a meeting and ask what the person(s) responsible for the implementation of the plan including general education instructors know about dyslexia.
This guidance specifically suggests states review their policies and use the word dyslexia when it is indicted. In Massachusetts, schools must also comply with the Department of Elementary and Secondary Education's Dyslexia Guidelines, which were issued in 2021.
What is the Office of Civil Rights?
The mission of the OCR is to ensure equal access to education and to promote educational excellence. You can learn more about the OCR here. The OCR is also responsible for fielding and investigating complaints. You can learn more about how to file a complaint and the process the OCR takes here.
Massachusetts schools have the responsibility to use the term correctly and service providers must be knowledgeable about dyslexia and the evidence based services specifically for dyslexia using a valid science based definition. Your rights are defined by two sets of federal laws:
The Americans with Disability Act (ADA) - 504 Accommodations
Discrimination on the basis of disability (for example, dyslexia) in schools is prohibited by Section 504 of the Rehabilitation Act of 1973. The Americans With Disabilities Act (ADA) applies to all entities including pubic schools that receive at least $1 of Federal funds. Universities, public buildings, government agencies all must provide equal access to persons with disabilities.
In schools, if an individual is found eligible, necessary accommodations must be formalized into a 504 Plan. 504 Accommodations provide equal access to the curriculum for persons with disabilities. If a student requires specialized instruction and has an IEP they automatically qualify for accommodations particular to their needs and disability. But if a student does not need specialized instruction or no longer needs specialized instruction, they still may require accommodations to access the curriculum. This is why students can have 504 Accommodations without an IEP.
Individuals with Disabilities Education Act (IDEA) - Special Education
IDEA is specific to education and applies to public education until grade 12. The law provides important definitions and standards that public schools must understand and meet to be in compliance with the law.
What is a specific learning disability (SLD)?
According to IDEA, “specific learning disability” is listed as qualifying disability and defined as: “a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.” (See 20 U.S.C. §1401(30) and 34 CFR §300.8(c)(10) - emphasis added.)
How is the term dyslexia defined and used?
IDEA regulation divides reading into three different skills:
- “basic reading skill”,
- reading fluency skills, and
- reading comprehension.
MA schools have the responsibility to use the term dyslexia correctly and service providers must be knowledgeable about dyslexia and the evidence based services specifically for dyslexia using a valid science based definition. This is documented in the US Department of Education Guidance Letter for Dyslexia, Dyscalculia and Dysgraphia. Guidance like this is issued to clarify existing law and is sent to each state to be distributed to the local schools as a reference.
This matters when you are advocating because the letter states: "There is nothing in the IDEA or our implementing regulations that prohibits the inclusion of the condition that is the basis for the child’s disability determination in the child’s IEP. In addition, the IEP must address the child’s needs resulting from the child’s disability to enable the child to advance appropriately towards attaining his or her annual IEP goals and to enable the child to be involved in, and make progress in, the general education curriculum. 34 CFR §§300.320(a)(1), (2), and (4). Therefore, if a child’s dyslexia, dyscalculia, or dysgraphia is the condition that forms the basis for the determination that a child has a specific learning disability, OSERS believes that there could be situations where an IEP Team could determine that personnel responsible for IEP implementation would need to know about the condition underlying the child’s disability .."
You can read the full letter, print it out and share it with teachers, counselors, special education providers and team members. Bring it in full to a meeting and ask what the person(s) responsible for the implementation of the plan including general education instructors know about dyslexia.
This guidance specifically suggests states review their policies and use the word dyslexia when it is indicted. In Massachusetts, schools must also comply with the Department of Elementary and Secondary Education's Dyslexia Guidelines, which were issued in 2021.
What is the Office of Civil Rights?
The mission of the OCR is to ensure equal access to education and to promote educational excellence. You can learn more about the OCR here. The OCR is also responsible for fielding and investigating complaints. You can learn more about how to file a complaint and the process the OCR takes here.
When would you child need a 504 vs an IEP?
if ...Disability impacts mobility Students with a disability that effects mobility for example will benefit from accommodations that ensure they can safely and efficiently access school, classes and activities,
if ... Disability impacts the ability to see text Students need to access text through Braille and also need the specialized instruction that teaches them how to read and express ideas using Braille.
if...Disability impacts reading text fluently at grade level If a student is dyslexic and reading below grade level, or reads more slowly and needs time to read - but grade level texts are across the curriculum the students needs access to grade level text
- Students with disabilities that need access to the curriculum are entitled to 504 Accommodations in accordance with the ADA.
- Students with an IEP are entitled to both specialized instruction and accommodations appropriate to their specific disability and needs.
if ...Disability impacts mobility Students with a disability that effects mobility for example will benefit from accommodations that ensure they can safely and efficiently access school, classes and activities,
if ... Disability impacts the ability to see text Students need to access text through Braille and also need the specialized instruction that teaches them how to read and express ideas using Braille.
if...Disability impacts reading text fluently at grade level If a student is dyslexic and reading below grade level, or reads more slowly and needs time to read - but grade level texts are across the curriculum the students needs access to grade level text
Decoding Dyslexia Massachusetts does not provide legal advice on this page or website. This page has information useful and accurate to the best of our ability, this is general knowledge collected and referenced but not intended to replace or provide legal counsel. If you need legal counsel please seek the advice of an attorney.
