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. 

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.

 
•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.  

 

•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.

 

 

•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.

 

 

•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. 

 

•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 14^th 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 14^th 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. 

 

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. 

 

•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. 

 

 

 

•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. 

 

 

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/

 

•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.