Advocating for your child
Understanding your child's rights
Included in the IDEA law:
“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).
MA 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 disability laws:
- The Americans with Disability Act - 504 Accommodations
- Individuals with Disabilities Education Act (IDEA)
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.
Discrimination on the basis of disability (Dyslexia) in schools is prohibited by Section 504 of the Rehabilitation Act of 1973. If found eligible, necessary accommodations must be formalized into a 504 Plan.
The Americans with Disability Act - 504 Accommodations
I.D.E.A. is specific to education. A Federal Law that applies to public education until grade 12.
The Americans With Disabilities Act (ADA) applies to all entities including pubic schools that receive at least $1:00 of Federal funds. Universities, public buildings, government agencies all must provide equal access to persons with disabilities.
In schools, 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.
Students can have 504 Accommodations without an IEP.
See the Office of Civil Rights (OCR) for more information. The mission of the OCR is to ensure equal access to education and to promote educational excellence.
http://www2.ed.gov/about/offices/list/ocr/aboutocr.html
http://www2.ed.gov/about/offices/list/ocr/complaintintro.html
When would your 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
Included in the IDEA law:
“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).
MA 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.
US DOE Guidance Letter for Dyslexia, Dyscalculia and Dysgraphiahttps://sites.ed.gov/idea/files/idea/policy/speced/guid/idea/memosdcltrs/guidance-on-dyslexia-10-2015.pdf
https://www.doe.mass.edu/sped/dyslexia-guidelines.pdf
Guidance is issued to clarify existing law and is sent to the State to be distributed to the local schools and as a reference. This guidance specifically suggests States review their policies and use the word dyslexia when it is indicted.
"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 this 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.
What is the IDEA Reading Criteria? Learn about IDEA and IEP regulations and how they apply to your child's Education:
IDEA regulation divides reading into three different skills:
- “basic reading skill” (see below),
- reading fluency skills, and
- reading comprehension--
Only one of which must be deficient for SLD (and therefore dyslexia) eligibility to attach. In other words, under the IDEA regulation, a child may be able to decode words adequately and comprehend passages at an average level for her age, but still be eligible for services under the IDEA if her reading fluency skills are deficient.
Link to IDEA Reading criteria details
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.