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As a teacher and graduate student seeking principal certification, I am aware of the legal and ethical requirements to teach students who have a Dyslexia diagnosis, along with the importance of training teachers to understand how to apply these laws in the classroom. Administrators and districts must educate and train teachers on federal, state, and local laws related to Dyslexia. This process should be ongoing due to updates and changes in the laws. I chose this topic knowing many teachers are unaware of Dyslexia laws, yet one in five students have Dyslexia (The Yale Center for Dyslexia and Creativity, 2022). As a future administrator, I understand these laws can be complex and overwhelming for teachers, and providing a legal Dyslexia resource during training will be beneficial.

This legal guide serves as a legal resource for teachers and parents of students with Dyslexia. Teachers must know all federal laws related to Dyslexia, along with specific state and local laws and district policies; by understanding the laws and application, teachers will be able to provide the best possible learning environment for students with Dyslexia. Additionally, parents and guardians of students with Dyslexia will find this beneficial to explain Dyslexia laws and their students’ rights. This guide will aid in simplifying processes for parents and guardians; providing parents and guardians with tools to ensure their student is receiving all the rights and benefits they are legally granted.

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One in five students have Dyslexia, and it represents 80-90% of students with learning disabilities (The Yale Center for Dyslexia and Creativity, 2022). Each year, teachers will encounter multiple students with Dyslexia, and it is important teachers are well-informed on Dyslexia laws and rights granted to students by federal, state, and local governments. Students with Dyslexia can thrive in a school setting, and laws and accommodations placed through different government entities ensure this is possible.

Teachers and administrators must be well informed on all laws and policies affecting students with Dyslexia in order to make sure they are in compliance. Navigating the laws can be difficult, so districts and administrators should provide training to teachers on how to uphold the laws and ethical principles when teaching students with Dyslexia. This will allow for the districts to avoid lawsuits for failure to provide Dyslexia benefits and legal rights. Additionally, Dyslexia plans are individualized for each student through IDEA, so teachers must be organized and make sure unique benefits and services are provided (Individuals with Disabilities Act, 2004). When a student is diagnosed with Dyslexia, parents and guardians are often unaware of rights granted to their student. It is beneficial to the student for administrators and districts to provide a list of rights to parents and guardians, along with laws and procedures.

By knowing the federal, state, and local laws, teachers can provide the best possible education for students with Dyslexia, and districts can avoid unnecessary lawsuits. Teachers can maintain a high degree of rigor, while providing accommodations to allow for students with Dyslexia to have an equal opportunity at success.

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Slide #3 Dyslexia in the Classroom: What Every Teacher Needs to Know

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Slide #3 Dyslexia in the Classroom: What Every Teacher Needs to Know

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The International Dyslexia Association is a professional association that provides resources and training to educators and individuals diagnosed with Dyslexia. This organization created a handbook to serve as a guide teachers can use while teaching students with Dyslexia. The guidebook, Dyslexia in the Classroom: What Every Teacher Needs to Know (International Dyslexia Association, 2017), provides details on what Dyslexia is, how to identify students who may have it, and explains procedures related to evaluation and diagnosis. Teachers will find this to be a useful resource for classroom strategies with proven benefits for students with Dyslexia, along with effective reading instruction strategies for teachers to use.  The guide provides links to extra resources and training for teachers to improve instruction to help students with Dyslexia reach their full potential.

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Slide #4 Universal Screening for Dyslexia isn't Enough 

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Slide #4 Universal Screening for Dyslexia isn't Enough 

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Under IDEA, states must conduct an initial Dyslexia screening on all students and perform an initial evaluation on students at risk (Individuals with Disabilities Act, 2022). Many advocates for Dyslexia are saying that this isn’t enough and speaking out to create awareness for many of the inadequacies in the process (Heubeck, 2023). According to the article (Heubeck, 2013), some of the issues in the present system are as follows:

•Many schools operate under a “wait and see” approach, leaving many students to receive a diagnosis after the window of time for beneficial intervention has passed.

•Using unvalidated methods of reading instruction can lead to false positives and false negatives in the identification process.

•Teacher shortages and the number of students behind post-Covid is making it more difficult for teachers to provide adequate Dyslexia remediation.

•Training for staff to provide screenings, assessments, and reading instruction is limited, and oftentimes the staff is under qualified.

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Universal Screening for Dyslexia Isn’t Enough

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A growing number of states are requiring schools to screen students for dyslexia, but advocates say that’s just the first step.

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Slide #5 Proposed Section 504 Rule Expected in August

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Slide #5 Proposed Section 504 Rule Expected in August

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A new proposal is expected in late summer 2023 to update the language and guidance in Section 504 of the Rehabilitations Act of 1973; Section 504 has had limited updates since the law was originally written (Arundel, 2023). According to the article (Arundal, 2023), some of the updates to be made are as follows:

•Dyslexia advocates are pushing for new regulations to be put into place to align Section 504 and IDEA to simplify the process and aid in protecting students with Dyslexia’s rights.

•The verbiage in Section 504 will be updated to better reflect the rights protected in the law.

•A committee will be created to survey the public, utilizing feedback to make improvements.

•There have been many complaints filed against Section 504 and ADA. The complaints have been recognized, and the information is being used to draft improvements.

•There is still a lot of work to be done to make the needed improvements; district administrators think Section 504 and IDEA should not be aligned.

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Proposed Section 504 rule expected in August

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The Education Department indicates the update will address barriers for students with disabilities, fix outdated language and align with civil rights laws.

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Slide #6 The Individuals with Disabilities Act (IDEA) 

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Slide #6 The Individuals with Disabilities Act (IDEA) 

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The Individuals with Disabilities Act (IDEA) (Individuals with Disabilities Act, 2004) is a federal law making free, public education available to all students with one of the covered disabilities. Children diagnosed with Dyslexia qualify for services under IDEA.

•IDEA requires special education services to be provided to eligible children in a school setting with the least restrictive environment.

•All students, including students with disabilities have the right to a free and public education (FAPE), and states and districts must provide individual resources to meet the needs of students with learning disabilities in order to meet the FAPE requirement.

•Under IDEA, states must set standards to identify students at risk of Dyslexia and perform an initial evaluation.

•Once Dyslexia has been determined, IDEA requires an Individualized Education Plan (IEP) to be written up to include yearly goals, along with services and accommodations to be provided to the student.

•The IEP progress will be evaluated throughout the year.

•Each state has specific responsibilities in accountability, overseeing the IEP, and evaluating goals.

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Individuals with Disabilities Education Act

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Statute Chapter 33 - Individuals with Disabilities Education Act

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SUBCHAPTER I (Part A)-GENERAL PROVISIONS (§§ 1400 to 1409) SUBCHAPTER II (Part B)-ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES (§§ 1411 to 1419) SUBCHAPTER III (Part C)-INFANTS AND TODDLERS WITH DISABILITIES (§§ 1431 to 1444) SUBCHAPTER IV (Part D)-NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES (§§ 1450 to 1482) Severe Discrepancyidea_regulations-template-default single...

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Slide #7 Rehabilitation Act of 1973, Section 504

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Slide #7 Rehabilitation Act of 1973, Section 504

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Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. Part 104.4), says no handicapped person may be excluded from an activity, denied benefits, or discriminated against for a handicap or disability if the entity takes federal funds. Since public schools receive federal funding, they are subject to the rules under Section 504. Section 504 includes:

•All students, regardless of a disability, have the right to a free and public education (FAPE) from institutions receiving federal funding.

•Parents have the right to request a 504 evaluation for their child.

•A 504 plan will protect the students’ rights and put a plan in place to support and accommodate the students.

•A 504 plan is important for students with Dyslexia because it provides necessary accommodations to allow for an equal opportunity in learning. In addition, provisions in this law prohibit anyone with Dyslexia from being discriminated against or excluded from an activity due to a Dyslexia diagnosis (34 C.F.R. Part 104.4).  Part 104.4 ensures students with Dyslexia will be provided the same level of educational benefits as other students.

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A brief overview of ten Federal laws that protect the rights of people with disabilities and the Federal agencies to contact for more information.

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Slide #8 Endrew F. v. Douglas County School District 

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Slide #8 Endrew F. v. Douglas County School District 

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Under the Individuals with Disabilities Education Act (IDEA), students with disabilities must be provided with a free appropriate public education (FAPE), along with an Individualized Education Plan (IEP) (Individuals with Disabilities Act, 2004). According to the case Endrew F. v. Douglas County School District (2015), a boy with autism was failing to progress in 4th grade under his IEP. The Douglas County School District refused to do anything additional, and said they were providing him with his FAPE benefit by giving him some services in accordance with his IEP. The parents removed the boy from public school and put him in a private school. They sued the district for reimbursement of his private school tuition on grounds that the district failed to provide him with his FAPE benefit along with providing an equal educational opportunity. The district said they had provided him with some benefits and the FAPE requirement was not a requirement at all.

•The Supreme Court ruled that students are entitled to meaningful accommodations for districts to meet "substantive obligations under IDEA"; districts must provide more than merely “de minimus” or some benefits and accommodations.

•According to the ruling, the IEP must be “reasonably calculated” to provide an individualized plan to allow the student to make progress.

•The court rejected the districts stance that the FAPE requirement was not a requirement at all, siding with the family. The family won, and the district had to pay 1.32 million dollars to the family for tuition reimbursement and legal fees.

•This ruling is important for all children with disabilities, including Dyslexia, and provides students with Dyslexia greater benefits than before, allowing for an equal opportunity to learn.

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Slide #9 10th Amendment and 14th Amendment to the United States Constitution

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Slide #9 10th Amendment and 14th Amendment to the United States Constitution

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The 10th Amendment to the United States Constitution (U.S. Const. Amend. X) delegates all powers to the states that are not specifically delegated to the federal government by the Constitution. The Individuals with Disabilities Education Act (IDEA) (Individuals with Disabilities Education Act, 2004), and Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. Part 104.4), are federal laws providing services and rights to students with disabilities. Under the 10th Amendment, all other rights not delegated to the federal government are left for the states to create and govern (U.S. Const. Amend IV). What does this mean for students with Dyslexia?

•This allows for the states to add additional laws and rights for students with disabilities, but they may not infringe upon federal laws such as IDEA or Section 504 or any protections granted by the federal government.

•The Texas Education Agency (TEA) created the Dyslexia handbook, listing additional rights and procedures for educating students with Dyslexia (The Dyslexia Handbook, 2018). In Texas, teachers providing Dyslexia interventions must have documented additional training to provide quality reading intervention (19 TAC §74.28(c). This state law protects the integrity of interventions by ensuring Dyslexia teachers are highly qualified and does not infringe upon or override the federal protections. The 10th Amendment allows states to enact laws if they do not change or infringe on the federal laws or protections.

The 14th Amendment to the United States Constitution (U.S. Const. Amend. XIV) equal protection clause states “no state may deny to any person within its jurisdiction the equal protection of the laws”.

•Students with disabilities have equal rights to a free and public education and no state may override this protection.

The 14th Amendment Due Process Clause (U.S. Const. Amend. XIV) states, no state may “deprive any person of life, liberty, or property, without due process of law”.

•Under this clause, all students, including those with disabilities, may not be denied their right to a free, public education without providing due process protections. All laws must be followed equally and fairly before a right can be taken away.

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Slide #10 Policy or Rule from a School or Institution - Administrative Law

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Slide #10 Policy or Rule from a School or Institution - Administrative Law

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The Briarwood School is a private school for students with Dyslexia, in Houston, TX. The remediation policy at The Briarwood School has created a Focus Intervention Time (F.I.T.) program for students. The F.I.T. program requires a set intervention time for math, reading, and writing. The student will work with a specialist to improve skills using a multisensory, and systematic approach. Since each student will be required to obtain neuropsychological testing prior to attending The Briarwood School, the school will have the ability to use the assessment to decide which programs the students will benefit from. The student can be enrolled in one F.I.T. program, a combination of programs, or all the programs.

This administrative policy provided a great example of a program developed specifically for improving the educational experience for students with Dyslexia. The school has included the program guidelines in their school policies, and provided clear and concise steps on how this administrative law will be executed.

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Each student comes to Briarwood with independent neuropsychological testing provided by parents. Utilizing the information provided along with Briarwood's screening devices, an educational program is designed to provide what each student needs.

Once a student's program is defined, we create small class groupings to deliver effective instruction. Students are placed in CORE classes with specialized teachers for needed remediation or to challenge areas of strength.

In addition to CORE classes, each student is assigned to an Intervention class based on need.

Math classes are leveled by students' strengths and needs. We offer classes for those students needing remediation taught by a math specialist and classes for advanced math students.

In our Lower School program, students are assigned to an intervention Lab called Focused Intervention Time (F.I.T.)

Reading Lab students work with reading specialists using evidenced-based programs.

Math F.I.T. students work with a math teacher/specialist using multisensory, systemic programs.

Writing F.I.T. is designed for students who need to enhance written language skills in the form of enrichment or remedial writing. Programs developed by specialists in the field of written language are used.

In our Middle-Upper program, students are placed in a Reading Remediation Class or Language! Class.

Reading remediation courses are designed to deliver intensive small-group intervention in areas of reading: phonemic awareness, fluency, or reading comprehension. The reading remediation labs are taught by a Certified Academic Language Teacher.

Language! designed by Jane Fell Green addresses reading and language skills.

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Remediation - The Briarwood School | K-12 in Houston, Texas

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Remediation - Briarwood is a school in Houston, Texas, for children grades K-12 with learning differences and learning disabilities.

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In the National Policy Board for Educational Administration Professional Standards, Standard 3, discusses equity and cultural responsiveness. In Standard 3, it states “Ensure that each student has equitable access to effective teachers, learning opportunities, academic and social support, and other resources necessary for success (National Policy Board for Educational Administration 2015)”. There are many unique learners within each school, and administrators are responsible for providing each student with an individualized plan to create the best possible learning environment for the student.

•Administrators have an ethical obligation to provide all students with a quality education. Students with disabilities are owed the same learning opportunities as other students.

•Administrators must consistently monitor students’ progress, making changes to IEP plans as needed, and ensuring the student has access to appropriate and equitable resources for success.

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Receiving a Dyslexia diagnosis can be overwhelming, those diagnosed must navigate evaluation and diagnosis requirements, federal and state laws, and instruction practices. The Dyslexia Foundation is a valuable resource that provides useful information to help students reach their full potential, along with promoting important scientific research (The Dyslexia Foundation, n.d.). The foundation continues to raise money for new research and public awareness; the website is a valuable tool for teaching resources and information.

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Hosted by the MGH Institute of Health
Thank you to our participants, speakers, sponsors.

Conference session recordings will be available in the coming weeks.
Check back for more information about our upcoming conferences in 2021.

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Hosted by the MGH Institute of HealthThank you to our participants, speakers, sponsors. Conference session recordings will be available in the coming weeks.Check back for more information about our upcoming conferences in 2021.

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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Slide #13 Bulleted list of Recommendations / Best Practices for Compliance

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•Know and fully comprehend all federal, state, and local laws applicable to Dyslexia, special education, and disabilities, and understand how to uphold them in the classroom.

•Complete yearly training on best teaching practices for students with Dyslexia, along with legal and ethical principles to be followed in the classroom.

•Revise handbooks frequently, updating disability policies to reflect changes in the law. Include important procedures to be followed along with requirements in the classroom.

•Stay up to date on important legal cases regarding Dyslexia and understand how the court's rulings affect present practices.

•Join credible organizations to seek information on new research and provide information on changes in federal and state laws.

•Evaluate research on Dyslexia teaching practices in the classroom and understand appropriate methods for implementation. Staying up to date on current research and trends is vital to aid students with Dyslexia in reaching their full potential.

•Continuously monitor student’s IEP and progress and seek assistance from the special education team to make changes and adjustments as needed.

•Provide families recently diagnosed with credible resources to gain information and assistance. Offer a list of resources the district provides, district procedures, and applicable laws.

•Provide families opportunities to voice concerns and offer suggestions twice per year. Use the feedback to evaluate current practices and procedures and make adjustments to aid in helping each student reach their full potential.

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Arundel, K. (2023). Proposed Section 504 Rule Expected
in August. Education Dive. https://www.k12dive.com/news/
proposed-section-504-rule-expected-august/653305/

Endrew F. v. Douglas County School District, No. 14-1417
(10th Cir. Aug. 25, 2015).

Heubeck, E. (2023). Universal Screening for Dyslexia Isn't
Enough. Education Week. https://www.edweek.org/teaching-learning/universal-screening-for-dyslexia-isnt-enough/2023/02

Individuals with Disabilities Education Act, 20 U.S.C. § 1402
et seq. (2004).

International Dyslexia Association. Dyslexia in the
Classroom: What Every Teacher Needs to Know. (2017).
DITC-Handbook.pdf (structuredlit.wpenginepowered.com)

National Policy Board for Educational Administration (2015).
Professional Standards for   Educational Leaders 2015.
Reston, VA: Author.

Section 504 of the Rehabilitation Act of 1973, 34 C.F.R. Part  104. § 104.4

Students with Dyslexia and Related Disorders, 19. Tex.
Admin. Code §74.28(c).

Texas Education Agency. (2018). The Dyslexia Handbook.
https://tea.texas.gov/academics/special-student-populations/2018-dyslexia-handbookapprovedaccomodated12112018.pdf

The Briarwood School. (n.d.). Remediation. https://www.briarwoodschool.org/academics/remediation

The Dyslexia Foundation. (n.d.). http://dyslexiafoundation.org

The Yale Center for Dyslexia and Creativity. (2022). http://www.dyslexia.yale.edu/dyslexia/dyslexia-faq/

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Proposed Section 504 rule expected in August

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The Education Department indicates the update will address barriers for students with disabilities, fix outdated language and align with civil rights laws.