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My professional perspective is working as a school counselor for grades PK-5 at a local 2A school district.  I have received my Bachelor's and worked ten years as a classroom teacher. I have received my Master's degree in Professional School Counseling and am currently employed in the counseling role.  This Legal Guide Padlet is a resource guide to educators to help them understand legislature and policies related to students with Dyslexia.  I chose this topic because, as an educator, I often did not know the legal requirements for dyslexic students.

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Why is knowledge of rights associated with Dyslexic students important?
I feel that this issue is of great importance for educators, families, and students in order to provide educational equity for all.  Educators need to be aware of the legal requirements for dyslexic students in order to meet students' needs and provide a quality education.  Understanding these rights is important so that the teacher can be adequately prepared to participate and contribute to 504 meetings associated with dyslexic students. Knowledge of rights associated with dyslexic students is important for all stakeholders in order to ensure social, emotional, and academic growth.

Emerging Issues

Educational practice related to issues with dyslexia identification and educational equity continue to evolve.  Currently, educators struggle to identify students for dyslexia testing and provide adequate support and resources for dyslexic learners within the classroom.  Recently, varying states have either adopted or discussed the implementation of programs that offer strategies which are beneficial to dyslexic learners into the general classroom instruction.  Some reading specialists and dyslexic instructors hope that Texas may adopt similar instruction modifications.

(A. Logan, personal communication, June 23, 2020)

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Slide #3 National Education Agency- Advocating for Students with Learning Disabilities

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Slide #3 National Education Agency- Advocating for Students with Learning Disabilities

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In association with October's Learning Disability Awareness Month, the National Education Agency (NEA, n.d.) released an article about advocating for students with learning disabilities within the educational setting.  Fifteen million people in the United States have been identified as having a learning disability; therefore, providing adequate support, resources, and acceptance of differences is essential.  This resource is informative for all stakeholders because it outlines the importance of promoting differences between students and advocating for educational equity for all. This resource is informative because it provides all stakeholders with information and ethical practices associated with students who are identified as having a learning disability.

National Education Association (NEA), (n.d.). Advocating for Students with Learning Disabilities. Retrieved from http://www.nea.org/home/36674.htm

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By Jazzy Wright

October is Learning Disabilities Awareness Month, which means it is time to recognize children, adolescents and adults with learning disabilities -- and the educators who serve them. The month is celebrated to bring attention to individuals that have disabilities like dyslexia, dyscalculia and attention deficit hyperactivity disorder.

In 1985, the observation was introduced as a proclamation by President Ronald Reagan. Since then, the month has been used by organizations, such as the National Center for Learning Disabilities and the Learning Disabilities Association of America, to educate the public about those with learning disabilities.

According to the National Center for Learning Disabilities, there are 15 million people in the United States with learning disabilities. One of the biggest challenges faced by individuals with learning disabilities is the overall lack of acceptance by society. This month is an excellent time for people to pay more attention to people with learning disabilities.

Educators can take part in Learning Disabilities Awareness Month by teaching their students facts about learning disabilities-doing so may show children and adolescents how to be supportive peers.

"The Learning Disabilities Awareness Month allows us to remember our commitments to all children and educate the public to our successes and our challenges," said NEA Executive Director John Wilson, a former special education teacher from North Carolina. "I encourage everyone to become more knowledgeable about our students who may have a learning disability and how they can become an advocate for them."

This is also a great time to recognize another underappreciated group affected by learning disabilities: special education teachers. Special education teachers are in great demand in school systems throughout the country, and they are also more likely to transfer to another job or leave the profession than teachers in other specialties.

NEA Today recently hosted a lively discussion on its Facebook page about the shortage of special education teachers in the United States. Educators shared thoughts on how pay, support, and a general lack of understanding about what special education teachers do is contributing to the shortage. It's not too late to join the discussion -- just click here.

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Advocating for Students with Learning Disabilities

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By Jazzy Wright October is Learning Disabilities Awareness Month, which means it is time to recognize children, adolescents and adults with learning disabilities -- and the educators who serve them. The month is celebrated to bring attention to individuals that have disabilities like dyslexia, dyscalculia and attention deficit hyperactivity disorder.

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The article "A Special Education Student Speaks: Dealing with the Ups and Downs" from the Education Week site (2018) discusses the first-hand experiences and perspective of a young girl who was diagnosed with dyslexia in first grade.  It compares experiences with varying teachers, schools, and grades.  Specifically, the student discusses accommodations and teacher attitude that contributed to positive or negative learning experiences.
Positive experiences-

positive feedback

listening

patience

helpful

attentive

open to new ideas

breaks from learning

calm environment

stimulating classes

accommodating IEP

Negative experiences-

noisy environments

"you can do it" statements that make the student feel like they are not trying hard enough

teachers who don't listen to students' learning ideas

idea that all dyslexic students are the same

noncompliance with learning accommodations

The article discusses positive impacts of successful learning for dyslexic students and provides a broad range of accommodations that students may benefit from.  Overall, the student is conveying how all dyslexic students are different and should not be viewed as a "mold" of student behavior or accomplishment.  This article relates to legislature associated with dyslexic students' rights by outlining helpful accommodations that are recommended from a students' personal experience and required by law.

Griffith-Tager, E. (2018, December 5). A special education student speaks: Dealing with the ups and downs. Education Week, 38 (15). Retrieved from https://www.edweek.org/ew/articles/2018/12/05/a-special-education-student-speaks-whipsawed-by.html

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Frustration with lack of consistency

I was diagnosed with dyslexia at the end of 1st grade-they called it a reading disorder.

Nothing much changed at first except for some one-on-one time with my teacher. Then in 2nd grade I got an individualized education program and started getting pulled out for special education classes in reading and writing. Things kind of got better because I had a patient teacher.

In 3rd grade I went to a new school, and it was too loud and I didn't get help in other classes, but my special education teacher was one of the best teachers I ever had. She was helpful, attentive, and open to new ideas. I took breaks and played games, which I think is age-appropriate for 3rd grade. I still left at the end of the year because of the school environment and changed to another school in the district.

This new school's climate was way calmer, but then I encountered a special education teacher who did not work well with special ed kids. She would constantly say "you can do it," which actually can be harmful to kids with dyslexia, because instead of changing the way she was teaching something (that didn't work) she kept encouraging us to try harder, even though I learn differently. I started rejecting going to school because, frankly, the work environment was becoming toxic for me. My parents pulled me out, and I was home-schooled for the second half of the year.

In 5th grade we moved to a new state and another new school. Overall the school was different to me. An assistant teacher kept breaking my IEP and did not listen to my polite suggestions about how I could learn better.

Middle school was another new school, and 6th grade was great. The whole school had a policy that helped out 6th graders more than any other grade, so I got more help in each of my classes, and I was being pulled out constantly for special education. The teacher was very caring and always attended to my emotional needs before my academic needs, which actually helped me academically.

But in 7th grade the help was lacking, and I did not want to go to school again. I was struggling in all the subjects, so I was pulled out and home-schooled again for the second part of the year. And now I am in 8th grade in another new school that is an alternative school. That is working wonderfully for me because I get one-on-one tutoring, creative classes such as 3D printing, screenwriting, and Psychology 101. The school only has 45 kids, and I feel I will stay here because of the calm environment, constant attentiveness, and classes that stimulate my brain.

Since I was diagnosed at a young age I always knew I had dyslexia, but it still affects me. I think that dyslexia is more than the definition, because how people react shapes how you react to your own dyslexia.

In the past, my main problem in classes was that I only get accommodations in reading and math. I feel that reading pops up everywhere-in social studies we constantly read history books, and sometimes my school would have an assistant teacher to help me read with a group.

I wish when I told teachers that I was dyslexic they would not change their voice tone-or make a face or seem to pity me-because I learn differently. It is not like it is stopping me from learning anything, and if it does I will find a way. And it is part of their job to help me find those ways and not cast off the ways that seem odd, like doodling or taking breaks, not wanting to read out loud, etc.

The people who tested me would tell me what I needed to learn-methods-but when I translated this to teachers, they made me feel like I was asking something extra of them. It made me feel that my needs were petty in that I was putting too much on the teachers around me. But, I learn how I learn. Don't compare me to how another dyslexic kid learns because each one of us is different. It is not just black or white, and make sure you ask me, "Will this work for you?" when it is something new.

Published in Print: December 5, 2018, as A Student's Journey Highlights Uneven Nature of Services

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A Special Education Student Speaks: Dealing With the Ups and Downs

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I was diagnosed with dyslexia at the end of 1st grade-they called it a reading disorder. Nothing much changed at first except for some one-on-one time with my teacher. Then in 2nd grade I got an individualized education program and started getting pulled out for special education classes in reading and writing.

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Slide #5 Texas Funding of Dyslexia Services Article

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Slide #5 Texas Funding of Dyslexia Services Article

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In an article entitled "Efforts of Legislature, TEA Have Parents Of Dyslexic Students Cautiously Optimistic" provided by the Texas Standard (Claborn, 2019), connections are made between dyslexic services and increased success in school.  The article presents the past failure of Texas school systems in addressing dyslexia and providing appropriate services that are legally required.  According to the author, one of the biggest problems with dyslexia services is

that it is not classified under special education, and that reduces oversight, enforcement, and funding.

often receives less of a push for testing because it is not included under a "whole picture" of testing.

The author discusses the newest progress of Texas legislature which discusses increased funding for

dyslexic services

testing materials

professional development of teachers

This progress has educators and parents hopeful that an increase in the quality of services and early identification of students will benefit many.

If the state provides more funds directly to the dyslexia program, students will receive

a higher quality of services

accommodations

resources that can aid in applying their legal rights of a FAPE.

This article relates to the topic because it addresses

the need for FAPE

the importance of educational equity

past failures in Texas related to dyslexia

early assessment and identification of students with dyslexia

funding improvements taken by the state

Claborn, H. (2019, July 9). Abilene  Public Radio. Retrieved from https://www.kacu.org/post/efforts-legislature-tea-have-parents-dyslexic-students-cautiously-optimistic

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"We're talking about a state that has really been frugal about how the fund education in general. And to really do an about face the way that they did. Everybody put issues aside."

The state of Texas has been working to correct serious problems in special education highlighted by an investigative report by the Houston Chronicle in 2016. The series of reports shined a spotlight on how Texas was shortchanging special education for more than a decade. When federal education officials did their own investigation, they estimated that over 13 years, 32,000 students missed out on services they should have gotten.

One of the biggest problems was with dyslexia services. That learning disability was never classified under special education, and that reduced oversight and enforcement.

But this session lawmakers changed that, and will now help schools pay for interventions. The moves give parents and advocates hope for the future.

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Efforts Of Legislature, TEA Have Parents Of Dyslexic Students Cautiously Optimistic

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"We're talking about a state that has really been frugal about how the fund education in general. And to really do an about face the way that they did. Everybody put issues aside." The state of Texas has been working to correct serious problems in special education highlighted by an investigative report by the Houston Chronicle in 2016.

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Slide #6 Fourteenth Amendment of the U.S. Constitution (U.S. Const. Amend. XIV)- Constitutional Law

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Slide #6 Fourteenth Amendment of the U.S. Constitution (U.S. Const. Amend. XIV)- Constitutional Law

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This law provides protections

educational equity

prohibits states from creating prohibiting laws

prohibits deprivation of liberty without due process

prohibits denial of equal protection of laws

This means that students with dyslexia have equal protection under the law and builds a foundation for ensuring equal educational rights for disabled students.

U.S. Const. amend. XIV

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Slide #7  Definition of Dyslexia and Related Disorders (Tex. Educ. Code §  38.003)- Statutory Law

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Slide #7  Definition of Dyslexia and Related Disorders (Tex. Educ. Code §  38.003)- Statutory Law

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The Texas Education Code (TEC) § 38.003 defines dyslexia as a disorder of constitutional origin manifested by a difficulty in learning to-

read

write

spell

Despite-

adequate instruction

adequate intelligence

sociocultural opportunity

Related disorders is defined by Texas Education Code (TEC) §38.003 as similar or related to dyslexia, such as-

developmental auditory imperception

dysphasia (speech disorder)

specific developmental dyslexia

dysgraphia

developmental spelling disability

The Rehabilitation Act of 1973 (29 USC § 794)- Statutory Law
Commonly known for the Section 504 practices which prohibit

discrimination based on disability

Provides

establishment of assessment

evaluation standards and procedures

Outlines inclusion of dyslexic students

in activities operated by federal funds

Students who continue to struggle with reading, writing, or spelling despite intelligence, receiving an adequate education, and being provided developmental opportunity, may be identified as dyslexic (Tex. Educ. Code § 38.003).  Dyslexic students may not be discriminated against or excluded from school assemblies and other learning opportunities in order to make up class work.

Screening and Treatment for Dyslexia and Related Disorders, Tex. Educ. Code § 38.003
The Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq.

Link to Tex. Educ. Code §  38.003

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§794. Nondiscrimination under Federal grants and programs

(a) Promulgation of rules and regulations

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.

(b) "Program or activity" defined

For the purposes of this section, the term "program or activity" means all of the operations of-

(1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or

(B) a local educational agency (as defined in section 7801 of title 20), system of career and technical education, or other school system;

(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship-

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance.

(c) Significant structural alterations by small providers

Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.

(d) Standards used in determining violation of section

The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment.

( Pub. L. 93-112, title V, §504, Sept. 26, 1973, 87 Stat. 394 ; Pub. L. 95-602, title I, §§119, 122(d)(2), Nov. 6, 1978, 92 Stat. 2982, 2987; Pub. L. 99-506, title I, §103(d)(2)(B), title X, §1002(e)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 100-259, §4, Mar. 22, 1988, 102 Stat. 29; Pub. L. 100-630, title II, §206(d), Nov. 7, 1988, 102 Stat. 3312; Pub. L. 102-569, title I, §102(p)(32), title V, §506, Oct. 29, 1992, 106 Stat. 4360, 4428; Pub. L. 103-382, title III, §394(i)(2), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105-220, title IV, §408(a)(3), Aug. 7, 1998, 112 Stat. 1203; Pub. L. 107-110, title X, §1076(u)(2), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 113-128, title IV, §456(c), July 22, 2014, 128 Stat. 1675; Pub. L. 114-95, title IX, §9215(mmm)(3), Dec. 10, 2015, 129 Stat. 2188.)

References in Text

The amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978, referred to in subsec. (a), mean the amendments made by Pub. L. 95-602. See 1978 Amendments note below.

The Americans with Disabilities Act of 1990, referred to in subsec. (d), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327. Title I of the Act is classified generally to subchapter I (§12111 et seq.) of chapter 126 of Title 42, The Public Health and Welfare. Section 510 of the Act was renumbered section 511 by Pub. L. 110-325, §6(a)(2), Sept. 25, 2008, 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

Amendments

2015-Subsec. (b)(2)(B). Pub. L. 114-95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2014-Subsec. (b)(2)(B). Pub. L. 113-128 substituted "career and technical education" for "vocational education".

2002-Subsec. (b)(2)(B). Pub. L. 107-110 substituted "section 7801 of title 20" for "section 8801 of title 20".

1998-Subsec. (a). Pub. L. 105-220 substituted "section 705(20)" for "section 706(8)".

1994-Subsec. (b)(2)(B). Pub. L. 103-382 substituted "section 8801 of title 20" for "section 2891(12) of title 20".

1992-Subsec. (a). Pub. L. 102-569, §102(p)(32), substituted "a disability" for "handicaps" and "disability" for "handicap" in first sentence.

Subsec. (d). Pub. L. 102-569, §506, added subsec. (d).

1988-Subsec. (a). Pub. L. 100-630, §206(d)(1), substituted "her or his handicap" for "his handicap".

Pub. L. 100-259, §4(1), designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 100-259, §4(2), added subsec. (b).

Subsec. (b)(2)(B). Pub. L. 100-630, §206(d)(2), substituted "section 2891(12) of title 20" for "section 2854(a)(10) of title 20".

Subsec. (c). Pub. L. 100-259, §4(2), added subsec. (c).

1986- Pub. L. 99-506 substituted "individual with handicaps" for "handicapped individual" and "section 706(8) of this title" for "section 706(7) of this title".

1978- Pub. L. 95-602 substituted "section 706(7) of this title" for "section 706(6) of this title" and inserted provision prohibiting discrimination under any program or activity conducted by any Executive agency or by the United States Postal Service and requiring the heads of these agencies to promulgate regulations prohibiting discrimination.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107-110, set out as an Effective Date note under section 6301 of Title 20, Education.

Exclusion From Coverage

Amendment by Pub. L. 100-259 not to be construed to extend application of this chapter to ultimate beneficiaries of Federal financial assistance excluded from coverage before Mar. 22, 1988, see section 7 of Pub. L. 100-259, set out as a Construction note under section 1687 of Title 20, Education.

Abortion Neutrality

Amendment by Pub. L. 100-259 not to be construed to force or require any individual or hospital or any other institution, program, or activity receiving Federal funds to perform or pay for an abortion, see section 8 of Pub. L. 100-259, set out as a note under section 1688 of Title 20, Education.

Construction of Prohibition Against Discrimination Under Federal Grants

Rights or protections of this section not affected by any provision of Pub. L. 98-457, see section 127 of Pub. L. 98-457, set out as a note under section 5101 of Title 42, The Public Health and Welfare.

Coordination of Implementation and Enforcement of Provisions

For provisions relating to the coordination of implementation and enforcement of the provisions of this section by the Attorney General, see section 1-201 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare.

Executive Order No. 11914

Ex. Ord. No. 11914, Apr. 28, 1976, 41 F.R. 17871, which related to nondiscrimination in federally assisted programs, was revoked by Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out as a note under section 2000d-1 of Title 42, The Public Health and Welfare.

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[USC02] 29 USC 794: Nondiscrimination under Federal grants and programs

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(a) Promulgation of rules and regulations No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.

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Slide #8 Hendrick Hudson Central School District v. Rowley (1982)- Judicial Law

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Slide #8 Hendrick Hudson Central School District v. Rowley (1982)- Judicial Law

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The Supreme Court ruled in this case that students with disabilities shall receive

a "free appropriate public education" (FAPE)

a least restrictive environment to learn

The court’s decision in this case aided

in defining FAPE

establishing FAPE for all students

FAPE emphasizes special education and related services. It can be defined as services that are designed to meet each child's specific needs in order to prepare them for future education, employment, or independent living.  FAPE shall be at the public expense, under public supervision, and without charge. It shall include appropriate elementary and secondary schooling and include IEPs.

(Board of Education of the Hendrick Hudson Central School District v. Rowley, 1982).

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Slide #9 Disability Definition (34 C.F.R. § 300.8)- Administrative Law

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Slide #9 Disability Definition (34 C.F.R. § 300.8)- Administrative Law

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The Code of Federal Regulations § 300.8 defines disability as a disorder in one or more of the basic psychological processes, such as-

understanding or using language

spoken or written word

listening ability

thinking

speaking

reading

writing

spelling

mathematical calculations

brain injury

minimal brain dysfunction

dyslexia

developmental aphasia

Dyslexia Handbook (2018)- Administrative Law
According to the Dyslexia Handbook provided by the Texas Education Agency (TEA, 2018) provides risk factors associated with dyslexia.  The following behaviors are unexpected for a student's age, educational level, or cognitive abilities, they may be at risk for dyslexia-
PK-

delay learning to talk

difficulty rhyming

lower recall of nursery rhymes

Kindergarten & 1st-

difficulty breaking words into smaller parts (baseball- "base" "ball"

difficulty identifying and manipulating sounds in syllables

difficulty remembering the names of letters and sounds

difficulty reading in isolation

2nd & 3rd-

difficulty recognizing common sight words

difficulty reading fluently

difficulty decoding

reliance on pictures, story theme, or guessing

difficulty with written expression

4th - 6th-

avoidance of reading

difficulty reading aloud or fluently

difficulty decoding

Middle & High School-

difficulty with the volume of reading and written work

less success at learning foreign language

frustration with time to read

Click for Link to Dyslexia Handbook-

Child with a Disability, 34 C.F.R. § 300.8

Texas Education Agency. (2018, November). Dyslexia Handbook. Retrieved from https://tea.texas.gov/sites/default/files/2018-Dyslexia-Handbook_Approved_Accomodated_12_11_2018.pdf

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SECTION 300.8

300.8 Child with a disability.

§ 300.8 Child with a disability.

(a) General - (1) Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(2)(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.

(ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.

(b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in § 300.111(b), include a child -

(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(2) Who, by reason thereof, needs special education and related services.

(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows:

(1)(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(ii) Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.

(iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.

(2) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

(3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

(4)(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

(5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness in this section.

(6) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance. The term "intellectual disability" was formerly termed "mental retardation."

(7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.

(8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

(9) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that -

(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child's educational performance.

(10) Specific learning disability - (i) General. Specific learning disability means 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.

(ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

(11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance.

(12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

(13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007; 82 FR 31912, July 11, 2017]

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34 CFR § 300.8 Child with a disability - eCFR

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§ 300.8 Child with a disability. (a) General - (1) Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

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Slide #10 Gilmer ISD Student Handbook on Rights for Students with Learning Disabilities (Gilmer ISD, 2019)- Administrative Law

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Slide #10 Gilmer ISD Student Handbook on Rights for Students with Learning Disabilities (Gilmer ISD, 2019)- Administrative Law

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Gilmer ISD has outlined the need for a least restrictive environment for all students with special learning needs in the student handbook.  The district shall

ensure students receive a free appropriate public education (FAPE)

meet students' individual needs

provide students with aids identified by the teacher, parent, or 504 committee

This outlines how students with dyslexia may receive aids that may ensure an appropriate education that is individualized to meet personal needs. Dyslexic students may receive increased time on assessments, oral administrations, manipulatives, colored overlays, or repeated oral directions as resources for successful learning.

Gilmer ISD. (2019, August). Student Handbook, Students with Physical or Mental Impairments

Protected Under Section 504 Areas. Retrieved from

https://s3.amazonaws.com/scschoolfiles/2046/ges_handbook_student_2019-2020.pdf

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Slide #11 ASCA Ethical Standards for School Counselors

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Slide #11 ASCA Ethical Standards for School Counselors

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The American School Counselor Association's Ethical Standards for School Counselors (ASCA, 2016) outlines in the A.10 F standard how school counselors should advocate for-

access to a free, appropriate public education for all youth

non-stigmatized or isolation based on-

1. housing status

2. disability

3. foster care

4. special education status

5. mental health

6. any other special need

This ethical code relates to the educational equity of dyslexic students by outlining how counselors should advocate for students with disabilities, such as, the reading/writing disability of dyslexia.  The code provides ethical guidance for how counselors should advocate for students with inhibiting factors to ensure they receive a FAPE, equal rights, and a non-stigmatized learning environment.

American School Counselor Association. (2016). Ethical Standards for School Counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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Slide #12 Educational Service Center (ESC) 7 Dyslexia Resources

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Slide #12 Educational Service Center (ESC) 7 Dyslexia Resources

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Region 7 ESC offers dyslexia resources for counselors and educators. Resources include links to-

International Dyslexia Association

Texas Center for Learning Disabilities

Dyslexia Handbook

Texas Education Code & Texas Administrative Code associated with dyslexia

definition and characteristics of dyslexia

fact sheets

IPAD apps for dyslexic students

books/articles related to dyslexia

This resource informs the topic of dyslexia by providing many alternate resources that can be used for legal analysis, identification of dyslexic risk factors in students, resources for students or parents, and related books.
Region 7 is a local service center that can use the dyslexia resources and application of the website in order to serve teachers, educators, counselors, and all stakeholders in the varying aspects of dyslexia.

Region 7 ESC. (2020). Dyslexia. Retrieved from https://www.esc7.net/page/CIA.dyslexia.home

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Students who continue to struggle to read, despite appropriate or intensified instruction, are provided organized systems of reading support in the state of Texas. For many struggling readers, the difficulty with reading may be a result of dyslexia.

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Students who continue to struggle to read, despite appropriate or intensified instruction, are provided organized systems of reading support in the state of Texas. For many struggling readers, the difficulty with reading may be a result of dyslexia.

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Slide #13 Recommendations & Best Practices for Compliance

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Slide #13 Recommendations & Best Practices for Compliance

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Varying levels of law and handbooks discuss the importance, definition, and requirements associated with children identified as dyslexic.  Legal requirements outline the importance of establishing a FAPE and ensuring an individualized educational path for each student with a learning disability.  The various signs/symptoms of dyslexia are important to understand in order to accommodate students' unique ways of learning.

In order to comply with legislature associated with dyslexia, it is recommended to-

Promote differences among students in order to establish a community of successful learners and aid in the prevention of stigmatization of dyslexic students.

Provide equal protection under laws for all students, including dyslexic students.

Ensure that all students receive a FAPE that includes requirements and accommodations presented from their IEP or 504 documentation.

Best Practices for Educators-

Join a professional Dyslexia association (International Dyslexia Association, American Dyslexia Association) in order to receive support, resources, and professional growth related to dyslexia.

Stay up-to-date on legislature, policies, and issues associated with dyslexia in order to understand student, parent, and educator rights.

Participate in professional development opportunities in order to grow as a leader and practice regulations and accommodations within the classroom.

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https://dyslexiaida.org/fact-sheets/

http://moschoolcounselor.org/files/2018/11/What-School-Counselors-Need-to-Know-About-Dyslexia.pdf

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IDA fact sheets are convenient, professionally reviewed materials designed to improve understanding and support advocacy initiatives. Fact sheets are frequently used to enrich and supplement IEP meetings, school board discussions, and district policy initiatives. Click on topics of interest below to view and download fact sheets.

To access new fact sheets and other free resources from IDA, please visit the Dyslexia Digital Library at www.DyslexiaLibrary.org

Share this: ` For copyright information, please .

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Fact Sheets - International Dyslexia Association

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IDA fact sheets are convenient, professionally reviewed materials designed to improve understanding and support advocacy initiatives. Fact sheets are