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How educators can help student with dyslexia:

- Create a better channel of communication with parents to discuss the resources available for students.

- Provide training for teachers, counselors, administrators and the rest of the staff every year to make sure they are aware of how to assist students with dyslexia.

- Early screening for dyslexia is important for student success. As soon as the teacher notices that the student is struggling there should be a screening done to confirm if the student has a learning disability.

- Accommodations for students with dyslexia can help them struggle less in a classroom. For example, providing instructions in paper and on the board, or creating a handout with the font a little bigger.

- Being aware of that students with dyslexia can also go through depression, anxiety and have a negative self-image can help a counselor for example, to  help the student through these situations.

-  Creating an inclusive environment on every campus will make it easier for students to feel like they do not have to be ashamed of having dyslexia and therefore feel like they also belong on the same classroom as others.

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This website provides information on how to identify students with dyslexia from a very young age and in any other grade level. It lists top 10 resources on dyslexia and important information on how to identify students who have this learning disability.

Top 10 Resources on Dyslexia. (2013, November 07). Retrieved from https://www.readingrockets.org/article/top-10-resources-dyslexia

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Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

Information regarding the student's situation and disability must be shared with only those that are participating in the programs that are helping the student. If the parents and students allow the counselor or someone else on campus to share this with others then there is no issue. Many times educators think that sharing something like this is not going to affect the student but in the contrary it can benefit them, but the student and parents might not agree.

TEX. EDUC. CODE § 37.0832

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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Padlet Slide 10: Local Administrative Law/Policy/Rule

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Padlet Slide 10: Local Administrative Law/Policy/Rule

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Special Programs (All Grade Levels)

The district provides special programs for gifted and talented students, homeless students,
students in foster care, bilingual students, migrant students, English language learners, students
diagnosed with dyslexia, and students with disabilities. The coordinator of each program can
answer questions about eligibility requirements, as well as programs and services offered in the
district or by other organizations. A student or parent with questions about these programs should
contact 323-2000.

La Joya Independent School District Student Code of Conduct & Student Parent Handbook, 2018-          2019

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Sacramento City School District v. Rachel H, 1994 (Judicial Law)

The parents of a student named Rachel who was about to start kindergarten wanted their daughter to be in a full-time general classroom. The district thought it was best if Rachel was placed on a special education classroom and since the parents did not agree they filed for due process under the IDEA. The judge had a four-part test and after going through every factor decided that the best thing for Rachel was to be in a full-time general classroom. This case was a “victory for the rights of students with disabilities to be educated alongside their nondisabled peers.” (dredf.org).

(Sacramento City School District v. Rachel H., 1994)

Sacramento City Unified Sch. Dist. Bd. of Educ. v. Rachel H.Disability Rights Education & Defense Fund. (2017, February 21). Retrieved from https://dredf.org/1994/06/13/sacramento-city-unified-sch-dist-bd-of-educ-v-rachel-h/

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Disability Rights Education & Defense Fund

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DREDF represented the family of Rachel H., a young girl with an intellectual disability, in this landmark victory regarding the right of students with disabilities to be educated alongside their nondisabled peers.

Prior to the start of kindergarten, Rachel's parents asked the District to place her in a full-time general education classroom. When the District only offered placement in a special education classroom, the parents filed for due process under the IDEA. The hearing officer ruled in favor of the parents and ordered the District to place Rachel in a regular classroom with supports. The District then appealed to the Eastern District of California.

In his March 2, 1992 decision, Judge David E. Levi identified four factors to consider when determining whether placement in the general education classroom is appropriate for a child with a disability: (1) the educational benefits available in the regular classroom; (2) the non-academic benefits of interaction between a student with disabilities and those without disabilities; (3) the impact of the student with disabilities on the teacher and other children in the regular classroom; and (4) the cost of supplementary aids and services required for mainstreaming the student. Applying these factors, Judge Levi affirmed that the general education classroom was the appropriate placement for Rachel. He highlighted the social benefit of inclusion, noting that that the proposed special education program "would mark Rachel as an outsider," and gave great weight to the testimony of Rachel's general education teachers who said she was a "full member of the second grade class."

The Ninth Circuit Court of Appeals adopted Judge Levi's four-part test and affirmed judgment in favor of Rachel and her parents on January 24, 1994. The Supreme Court denied the District's petition for writ of certiorari on June 13, 1994, leaving the Ninth Circuit's ruling intact. Diane Lipton, DREDF attorney, explained that the Supreme Court's refusal to hear the case "signals an end to the historic segregation and isolation of children with disabilities in the American public school system. By upholding the 9th Circuit Court of Appeal's decision the principles established in Brown v. Board of Education over four decades ago now apply to children with disabilities."

This entry was posted in Cases, Disability Rights, Education and tagged Equal Rights, Students on by .

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Sacramento City Unified Sch. Dist. Bd. of Educ. v. Rachel H.Disability Rights Education & Defense Fund

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June 13, 1994 The parents of Rachel H., a young girl with an intellectual disability, brought suit under the Individuals with Disabilities Act challenging the school district's refusal to educate their daughter full-time in the general education classroom. The District Court for the Eastern District of California ruled in favor of Rachel and her parents,...

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Padlet Slide 8: Original Sources of Law 

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Padlet Slide 8: Original Sources of Law 

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La Joya ISD Handbook: Students with Disabilities (Administrative Law)

Attendance is very important for La Joya ISD and in order to make sure that everyone is receiving the best education possible there can be a modification to a student’s individualized education program. In the case of students with disabilities, if there are attendance issues the

ARD committee or Section 504 committee can determine if their plan should be modified to meet their needs.

La Joya Independent School District Student Code of Conduct & Student Parent Handbook, 2018-          2019

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Section 504 of the Rehabilitation Act of 1973 (Statutory Law)

It “prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education.” (ed.gov). This law makes sure that students with disabilities are included and that their needs are met adequately.

Rehabilitation Act of 1973, § 504

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Introduction | Interrelationship of IDEA and Section 504 | Protected Students | Evaluation | Placement |
Procedural Safeguards | Terminology

This document is a revised version of a document originally developed by the Chicago Office of the Office for Civil Rights (OCR) in the U.S. Department of Education (ED) to clarify the requirements of Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) in the area of public elementary and secondary education. The primary purpose of these revisions is to incorporate information about the Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, which amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 that affects the meaning of disability in Section 504. The Amendments Act broadens the interpretation of disability. The Amendments Act does not require ED to amend its Section 504 regulations. ED's Section 504 regulations as currently written are valid and OCR is enforcing them consistent with the Amendments Act. In addition, OCR is currently evaluating the impact of the Amendments Act on OCR's enforcement responsibilities under Section 504 and Title II of the ADA, including whether any changes in regulations, guidance, or other publications are appropriate. The revisions to this Frequently Asked Questions document do not address the effects, if any, on Section 504 and Title II of the amendments to the regulations implementing the Individuals with Disabilities Education Act (IDEA) that were published in the Federal Register at 73 Fed. Reg. 73006 (December 1, 2008).
INTRODUCTION
An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination on the basis of disability against students with disabilities. OCR receives numerous complaints and inquiries in the area of elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concern identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.

Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States . . . 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 . . . ."

OCR enforces Section 504 in programs and activities that receive Federal financial assistance from ED. Recipients of this Federal financial assistance include public school districts, institutions of higher education, and other state and local education agencies. The regulations implementing Section 504 in the context of educational institutions appear at 34 C.F.R. Part 104.

The Section 504 regulations require a school district to provide a "free appropriate public education" (FAPE) to each qualified student with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. Under Section 504, FAPE consists of the provision of regular or special education and related aids and services designed to meet the student's individual educational needs as adequately as the needs of nondisabled students are met.

This resource document clarifies pertinent requirements of Section 504.

For additional information, please contact the Office for Civil Rights.
INTERRELATIONSHIP OF IDEA AND SECTION 504 1. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities?
OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance. The Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act of 1990 (ADA) and included a conforming amendment to the Rehabilitation Act of 1973 (Rehabilitation Act) that affects the meaning of disability in Section 504. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses primarily on Section 504.

Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the U.S. Department of Education. Title II prohibits discrimination on the basis of disability by state and local governments. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.

2. How does OCR get involved in disability issues within a school district?

OCR receives complaints from parents, students or advocates, conducts agency initiated compliance reviews, and provides technical assistance to school districts, parents or advocates.

3. Where can a school district, parent, or student get information on Section 504 or find out information about OCR's interpretation of Section 504 and Title II?

OCR provides technical assistance to school districts, parents, and students upon request. Additionally, regulations and publicly issued policy guidance is available on OCR's website, at http://www.ed.gov/policy/rights/guid/ocr/disability.html.
4. What services are available for students with disabilities under Section 504?
Section 504 requires recipients to provide to students with disabilities appropriate educational services designed to meet the individual needs of such students to the same extent as the needs of students without disabilities are met. An appropriate education for a student with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.

5. Does OCR examine individual placement or other educational decisions for students with disabilities?

Except in extraordinary circumstances, OCR does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of students with disabilities, evaluation of such students, and due process. Accordingly, OCR generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable.

OCR will examine procedures by which school districts identify and evaluate students with disabilities and the procedural safeguards which those school districts provide students. OCR will also examine incidents in which students with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated students without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled students from educational programs and services.

6. What protections does OCR provide against retaliation?

Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.

7. Does OCR mediate complaints?

OCR does not engage in formal mediation. However, OCR may offer to facilitate mediation, referred to as "Early Complaint Resolution," to resolve a complaint filed under Section 504. This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, OCR will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by OCR.

8. What does noncompliance with Section 504 mean?

A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.

9. What sanctions can OCR impose on a school district that is out of compliance?

OCR initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If OCR is unable to achieve voluntary compliance, OCR will initiate enforcement action. OCR may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.

10. Who has ultimate authority to enforce Section 504?

In the educational context, OCR has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district. The Section 504 regulations do not contain a requirement that a person file a complaint with OCR and exhaust his or her administrative remedies before filing a private lawsuit.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

11. What is a physical or mental impairment that substantially limits a major life activity?

The determination of whether a student has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulatory provision at 34 C.F.R. 104.3(j)(2)(i) defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as intellectual disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulatory provision does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list.

Major life activities, as defined in the Section 504 regulations at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504. In the Amendments Act (see FAQ 1), Congress provided additional examples of general activities that are major life activities, including eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating. Congress also provided a non-exhaustive list of examples of "major bodily functions" that are major life activities, such as the functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. The Section 504 regulatory provision, though not as comprehensive as the Amendments Act, is still valid - the Section 504 regulatory provision's list of examples of major life activities is not exclusive, and an activity or function not specifically listed in the Section 504 regulatory provision can nonetheless be a major life activity.

12. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary?

Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a student with a disability who is: of an age at which students without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to students with disabilities; or a student to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA).

At the postsecondary educational level, a qualified student with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.

13. Does the nature of services to which a student is entitled under Section 504 differ by educational level?

Yes. Public elementary and secondary recipients are required to provide a free appropriate public education to qualified students with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met.

At the postsecondary level, the recipient is required to provide students with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.

14. Once a student is identified as eligible for services under Section 504, is that student always entitled to such services?

Yes, as long as the student remains eligible. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a student in accordance with the Section 504 regulatory provision at 34 C.F.R. 104.35 and determines that the student's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the student is no longer eligible for services under Section 504.

15. Are current illegal users of drugs excluded from protection under Section 504?

Generally, yes. Section 504 excludes from the definition of a student with a disability, and from Section 504 protection, any student who is currently engaging in the illegal use of drugs when a covered entity acts on the basis of such use. (There are exceptions for persons in rehabilitation programs who are no longer engaging in the illegal use of drugs).

16. Are current users of alcohol excluded from protection under Section 504?

No. Section 504's definition of a student with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against students with disabilities using drugs or alcohol to the same extent as students without disabilities.
EVALUATION
At the elementary and secondary school level, determining whether a child is a qualified disabled student under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that children are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.

17. What is an appropriate evaluation under Section 504?

Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need special education and/or related services because of disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(b) requires school districts to individually evaluate a student before classifying the student as having a disability or providing the student with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the student's aptitude or achievement or other factor being measured rather than reflect the student's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.

18. How much is enough information to document that a student has a disability?

At the elementary and secondary education level, the amount of information required is determined by the multi-disciplinary committee gathered to evaluate the student. The committee should include persons knowledgeable about the student, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the student has a disability. The Section 504 regulatory provision at 34 C.F.R. 104.35(c) requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the student's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a student suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.

19. What process should a school district use to identify students eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA?

School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of students under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulatory provision at 34 C.F.R. 104.35.

20. May school districts consider "mitigating measures" used by a student in determining whether the student has a disability under Section 504?

No. As of January 1, 2009, school districts, in determining whether a student has a physical or mental impairment that substantially limits that student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. This is a change from prior law. Before January 1, 2009, school districts had to consider a student's use of mitigating measures in determining whether that student had a physical or mental impairment that substantially limited that student in a major life activity. In the Amendments Act (see FAQ 1), however, Congress specified that the ameliorative effects of mitigating measures must not be considered in determining if a person is an individual with a disability.

Congress did not define the term "mitigating measures" but rather provided a non-exhaustive list of "mitigating measures." The mitigating measures are as follows: medication; medical supplies, equipment or appliances; low-vision devices (which do not include ordinary eyeglasses or contact lenses); prosthetics (including limbs and devices); hearing aids and cochlear implants or other implantable hearing devices; mobility devices; oxygen therapy equipment and supplies; use of assistive technology; reasonable accommodations or auxiliary aids or services; and learned behavioral or adaptive neurological modifications.

Congress created one exception to the mitigating measures analysis. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining if an impairment substantially limits a major life activity. "Ordinary eyeglasses or contact lenses" are lenses that are intended to fully correct visual acuity or eliminate refractive error, whereas "low-vision devices" (listed above) are devices that magnify, enhance, or otherwise augment a visual image.

21. Does OCR endorse a single formula or scale that measures substantial limitation?

No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual student. The Section 504 regulatory provision at 34 C.F.R. 104.35 (c) requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.

22. Are there any impairments which automatically mean that a student has a disability under Section 504?

No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.

23. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE?

No. A physician's medical diagnosis may be considered among other sources in evaluating a student with an impairment or believed to have an impairment which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. As noted in FAQ 22, the Section 504 regulations require school districts to draw upon a variety of sources in interpreting evaluation data and making placement decisions.

24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?

No. A medical diagnosis of an illness does not automatically mean a student can receive servicesunder Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity. For example, a student who has a physical or mental impairment would not be considered a student in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.

25. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight?

The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject student's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the student's individual circumstances.

26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?

A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.

27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?

The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.

28. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a student has been identified?

Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulations, which require re-evaluation at three-year intervals (unless the parent and public agency agree that re-evaluation is unnecessary) or more frequently if conditions warrant, or if the child's parent or teacher requests a re-evaluation, but not more than once a year (unless the parent and public agency agree otherwise).

29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?

Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. OCR considers an exclusion from the educational program of more than 10 school days a significant change of placement. OCR would also consider transferring a student from one type of program to another or terminating or significantly reducing a related service a significant change in placement.

30. What is reasonable justification for referring a student for evaluation for services under Section 504?

School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.

31. A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the student with an appropriate education. The student's parent no longer wants the student to receive those services. If the parent wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services?

The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the student needs the services in order to receive an appropriate education.

32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?

The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.

33. How should a recipient school district view a temporary impairment?

A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.

In the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
34. Is an impairment that is episodic or in remission a disability under Section 504?
Yes, under certain circumstances. In the Amendments Act (see FAQ 1), Congress clarified that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. A student with such an impairment is entitled to a free appropriate public education under Section 504.
PLACEMENT
Once a student is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs.

35. If a student is eligible for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504?

No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.

36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?

No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE). This is consistent with the Amendments Act (see FAQ 1), in which Congress clarified that an individual who meets the definition of disability solely by virtue of being "regarded as" disabled is not entitled to reasonable accommodations or the reasonable modification of policies, practices or procedures. The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a student either does not currently have or never had a disability, but is treated by others as such.

As noted in FAQ 34, in the Amendments Act (see FAQ 1), Congress clarified that an individual is not "regarded as" an individual with a disability if the impairment is transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.

37. What is the receiving school district's responsibility under Section 504 toward a student with a Section 504 plan who transfers from another district?

If a student with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines that the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the student consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the student. There is no Section 504 bar to the receiving school district honoring the previous IEP during the interim period. Information about IDEA requirements when a student transfers is available from the Office of Special Education and Rehabilitative Services at http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C

40. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans?

Regular education teachers must implement the provisions of Section 504 plans when those plans govern the teachers' treatment of students for whom they are responsible. If the teachers fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.

41. What is the difference between a regular education intervention plan and a Section 504 plan?

A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping students in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom teachers on methods for helping students experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected student's classroom teacher(s) and recommends strategies to address the student's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the student's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
PROCEDURAL SAFEGUARDS
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.

42. Must a recipient school district obtain parental consent prior to conducting an initial evaluation?

Yes. OCR has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a student needs or is believed to need special instruction or related services and parental consent is withheld, the IDEA and Section 504 provide that districts may use due process hearing procedures to seek to override the parents' denial of consent for an initial evaluation.

43. If so, in what form is consent required?

Section 504 is silent on the form of parental consent required. OCR has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.

44. What can a recipient school district do if a parent withholds consent for a student to secure services under Section 504 after a student is determined eligible for services?

Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.

45. What procedural safeguards are required under Section 504?

Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for parents to review relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian, representation by counsel and a review procedure.
46. What is a recipient school district's responsibility under Section 504 to provide information to parents and students about its evaluation and placement process?
Section 504 requires districts to provide notice to parents explaining any evaluation and placement decisions affecting their children and explaining the parents' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.

47. Is there a mediation requirement under Section 504?

No.
TERMINOLOGY
The following terms may be confusing and/or are frequently used incorrectly in the elementary and secondary school context.

Equal access: equal opportunity of a qualified person with a disability to participate in or benefit from educational aid, benefits, or services

Free appropriate public education (FAPE): a term used in the elementary and secondary school context; for purposes of Section 504, refers to the provision of regular or special education and related aids and services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of students without disabilities are met and is based upon adherence to procedures that satisfy the Section 504 requirements pertaining to educational setting, evaluation and placement, and procedural safeguards

Placement: a term used in the elementary and secondary school context; refers to regular and/or special educational program in which a student receives educational and/or related services

Reasonable accommodation: a term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment; this term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context

Reasonable modifications: under a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity

Related services: a term used in the elementary and secondary school context to refer to developmental, corrective, and other supportive services, including psychological, counseling and medical diagnostic services and transportation

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special education; disabilities; disability discrimination; fape; free appropriate public education

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Frequently Asked Questions about Section 504 requirements for the education by school districts of students with disabilities

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14th Amendment (Constitutional Law)

This amendment focuses on many different things regarding citizenship, but it is commonly used with regards to the equal protection of the laws. This means that a governmental body cannot deny equal protection to citizens through its governing laws. Everybody should be treated equally in every circumstance.

U.S. Const. Amend. XIII.

14th Amendment. (n.d.). Retrieved from https://www.law.cornell.edu/constitution/amendmentxiv

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Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

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This article focuses on laws that pertain to students with disabilities. and goes into depth about the Individual with Disabilities in Education Act.

Laws in every state can vary but ultimately they address one or more of the following issues:

- Defining dyslexia
-Early screening and identifying students with dyslexia
-Training professionals
- Funding programs

Morin, A. (n.d.). Dyslexia Laws: What They Are and How They Work. Retrieved from https://www.understood.org/en/school-learning/your-childs-rights/basics-about-childs-rights/dyslexia-laws-what-they-are-and-how-they-work

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Dyslexia laws: What they are and how they work

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Some states have passed laws to make sure kids with dyslexia are identified and get the services they need. Learn more about dyslexia laws and how they work.

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This article is about a teacher, Lisa Nelson, who did not know much about dyslexia until her daughter began to struggle at school and she decided to take her to be tested. She found it interesting that her own teachers had not realized that the student was struggling and that she could potentially have dyslexia. The article focuses on the fact that teachers are not being well prepared to help students with learning disabilities, especially dyslexia, the most common.

Will, M. (2019, February 20). Special Education a Growing Priority in Teacher-Training Circles. Retrieved from https://www.edweek.org/ew/articles/2018/12/05/special-education-a-growing-priority-in-teacher-training.html

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Lisa Nelson earned a master's degree in middle school education and taught for five years. But she never learned much about dyslexia until her own daughter began struggling in school.

Nelson, who researched the condition and ultimately referred her daughter for testing, was frustrated that her daughter's teachers didn't identify the signs first. And when she thinks back on the children she used to teach in the late 1990s and early 2000s, she wonders how many had learning disabilities that went unrecognized or unaddressed because she never learned about the signs in her preservice program.

"Dyslexia is the most common learning disability. ... If teachers are not getting training for the most common reading failure, then what percentage are getting trained in anything else?" asked Nelson, who has since co-founded the Massachusetts chapter of the advocacy group Decoding Dyslexia.

Students with disabilities make up about 13 percent of the public school student population, according to 2015-16 federal data. Because of the inclusion movement, which says that students with disabilities should be educated alongside their nondisabled peers, 63 percent of those millions of students with disabilities spend the majority of their day in general education classrooms.

Source: Education Week Research Center analysis of IDEA and Digest of Education Statistics, 2018.
Yet historically, many colleges of education have offered just one or two courses on special education for their general education teacher-candidates. Advocates say that's not enough to know how to teach students with such learning disabilities as dyslexia or other conditions like autism or attention-deficit hyperactivity disorder.

"This is the first time in history where so many kids with disabilities are being taught in general education classrooms," said Michael Gottfried, an associate professor in the Gevirtz Graduate School of Education at the University of California, Santa Barbara. "I do think a lot of it is happening without so much preparation on the teacher side."

But there's hope the tide is turning, educators say: More colleges of education and state education departments are beginning to put a priority on teaching their general classroom teachers how to work with students with disabilities. After all, those students' success in mainstream classes hinges in large part on their teachers, experts say.

"Even if you have a great special education teacher [in the building], general education teachers need that knowledge," Nelson said.

Beyond 'Special Education 101'

A 2009 federal report found that most traditional teacher-preparation programs-and about half of alternative programs-require at least one course on teaching students with disabilities for prospective general classroom teachers.

Still, about half the programs reported that they needed more information or assistance on how to revise their curriculum to better prepare teachers.

About 60 percent of elementary programs required field experiences with students with disabilities, as did just 28 percent of alternative routes. In fact, the type of field experience most often required was to observe teachers working with students with disabilities. Fewer than one-third of programs required their preservice teachers to work with students with disabilities during their student-teaching experience.

Those numbers are dated, but experts aren't sure if they've changed all that much.

As the number of students with disabilities who enroll in general education classes continues to grow, however, programs are realizing that "this is important, and the techniques you have taught your general education candidates may not be as maximally effective as they need to be for students who are really struggling to learn," said Mary Brownell, the director of the Collaboration for Effective Educator Development, Accountability, and Reform (or the CEEDAR Center).

The Florida-based CEEDAR Center has worked with more than 20 states to help them enhance their teacher education programs, among other reforms. A major portion of that work focuses on ensuring that general education teacher-preparation programs are training teachers to serve all learners, especially those with disabilities, she said.

"The ideal would be that a lot of this information is so well-integrated into your coursework, and you have multiple opportunities to practice what you're learning," said Brownell, who is also a professor of special education at the University of Florida in Gainesville. "But more than that, to me, the ideal is that you would then leave your preparation program and then enter into a school system built on [these principles]. ... These are very sophisticated skills we're asking teachers to have, and they can't easily learn them in two years."

California recently took a step in that direction by revamping its teacher-training standards to better prepare general classroom teachers to work effectively with students with disabilities. All prospective teachers must learn instructional techniques to work with diverse learners.

Other states, like Connecticut, Ohio, and Tennessee, are making strides toward better preparing their general classroom teachers, Brownell said.

Inclusive Teacher Prep

At Syracuse University, any undergraduate student who wants to earn a degree in elementary education has to enroll in an "inclusive elementary and special education" dual program. Coursework on teaching students with disabilities and related clinical experiences are woven throughout the program, and when students graduate, they're recommended for certification in both elementary special education and general elementary education.

"All students are going to leave here with strategies and tools to teach all [learners]," said Christine Ashby, an associate professor in the teaching and leadership department at the university's school of education.

Co-teaching is also modeled throughout the program: To prepare teacher-candidates to work alongside a special education teacher, some classes are co-taught by faculty members from different backgrounds, or even a professor and a self-advocate with a disability.

"We wanted the faculty to be seen as really collaborative. We don't have a separate special education program," said Ashby, noting that even the faculty's offices are mixed together. "We're constantly modeling that this is in the water of the place, in addition to being something we expect students to do."

The university's programs for prospective secondary teachers also incorporate coursework on students with disabilities-but not to the same extent, and Ashby said there could be more work done to prepare those teachers for inclusive classrooms.

"If we started with the assumption that our classrooms are diverse, ... we wouldn't have so much work to do later to help teachers adjust to that diversity in the classroom," she said.

After all, serving diverse learners is a key component of equitable education, Brownell said.

"Far too often in colleges of education, equity has been about race, language, culture, and poverty, but what's left out of that conversation is disability," she said. "We'll know we've arrived when our conversations about equity ... [include] disability."
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Published in Print: December 5, 2018, as Priority: Preservice Training

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Special Education a Growing Priority in Teacher-Training Circles

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Lisa Nelson earned a master's degree in middle school education and taught for five years. But she never learned much about dyslexia until her own daughter began struggling in school. Nelson, who researched the condition and ultimately referred her daughter for testing, was frustrated that her daughter's teachers didn't identify the signs first.

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Padlet Slide 3: Professional Association

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Padlet Slide 3: Professional Association

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This handbook provides key information for teachers and staff to understand what dyslexia is and how it affects students in a classroom.

"Dyslexia is a language-based learning disability." (Watts, 2018). Students usually have a difficult time with language skills, reading and pronouncing words. Aside from that, they also can experience depression, stress, anxiety and it can affect their self-image as they many times feel "dumb."

Tips and Tools

- Accommodations with school materials
- Clarify written directions for students
- Provide a copy of lesson notes
- Allow use of instructional aids

* These are just a few tips listed on this handbook to help students succeed in a classroom.

Watts, D. (2019, April 24). Dyslexia and Related Disorders. Retrieved from https://tea.texas.gov/academics/dyslexia/

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Purpose

This page includes resources to assist in identifying and providing services for students with dyslexia and related disorders in Texas schools. In addition to this page, information is available through the dyslexia contacts at each of the 20 regional education service centers and the state dyslexia contact at Region 10. We welcome any suggestions you may have that will improve this page.

Dyslexia Handbook

The State Board of Education (SBOE) on November 16, 2018, gave final approval to updates to The Dyslexia Handbook-2018 Update: Procedures Concerning Dyslexia and Related Disorders (Dyslexia Handbook). The updates address recent legislative changes and clarify processes regarding identification and services for students, including students with dysgraphia. The updated Dyslexia Handbook is effective immediately.

The handbook contains guidelines for school districts to follow as they identify and provide services for students with dyslexia. In addition, information regarding the state's dyslexia statutes and their relation to various federal laws is included.

In 2013, House Bill (HB) 1264 added Texas Education Code, §42.006, to require school districts and open-enrollment charter schools to report the number of students enrolled who are identified as having dyslexia through the Public Education Information Management System (PEIMS). HB 3, 86th Texas Legislature, 2019, transferred the requirement from TEC, §42.006 to new TEC, §48.009.

In an effort to better understand the reporting procedures used by districts and open-enrollment charter schools with regard to the PEIMS dyslexia indicator as well as to determine whether the guidance provided to districts is sufficient to ensure that students with dyslexia and related disorders are correctly reported,TEA contracted with American Institutes for Research (AIR) to conduct a study of dyslexia reporting. Results of the study are available at the link below.

Dyslexia Resources

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This page includes resources to assist in identifying and providing services for students with dyslexia and related disorders in Texas schools. In addition to this page, information is available through the dyslexia contacts at each of the 20 regional education service centers and the state dyslexia contact at Region 10.

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I interviewed Dalia Trevino. She is an academic counselor at Palmview High School and we discussed the importance of helping students with dyslexia.
https://phs.lajoyaisd.com/135702_2

Why is it important to know how to work with students with dyslexia?

Mrs. Trevino stated, "We want all of our students to feel like they matter on our school." She talked about how important it is to create an environment where everyone has the opportunity to learn and succeed. Student with dyslexia can receive help from every campus in La Joya. "We provide for them accommodations that can make things easier for them. We are not giving them an easier class per se but we give them more time while they take a test or we have their tests be in a different font so they do not have such a difficult time reading."

Mrs. Trevino discussed with me three best practices to make sure that as a campus we can help students with dyslexia.

- Create a better channel of communication with parents to provide information and resources that can help their children with dyslexia succeed in high school.

- Meet with students with dyslexia often and discuss if there should be any changes to the resources that were provided for them. Modifying the accommodations or by providing other opportunities for them can help them better succeed in class.

- Provide training for teachers and staff about dyslexia every year on how to help students in the classroom who need assistance.

An emerging problem:

Mrs. Trevino discusses several issues that she has seen in the past few years as a counselor. She mentioned that teachers who are starting their first year in education and did not necessarily study that in college come in with little to no information about what dyslexia is or how to work with students with learning disabilities. It is a problem that counselors have to work on because if they do not provide this information they usually will not have access to it in any other way unless they take it upon themselves to research.

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My professional perspective is working as a college adviser at Juarez-Lincoln High School and a graduate student at Angelo State University. This Legal Guide Padlet is a resource for high school counselors and educators to help them understand and follow the legal requirement to assist students with dyslexia. I chose this subject because as a college adviser I constantly work with students who have dyslexia and when they are asked how the school is supporting them they usually say that they feel like they are not receiving enough help or support.