Understanding Laws Related to Working with Students with Dyslexia by https://padlet.com/mmann81/wwimt14yy3r Melissa Mann ASU Guidance and Counseling Student Legal and Ethical Principals 6305 en-us 2019-07-09 21:41:39 UTC 2019-07-19 17:34:54 UTC hello@padlet.com Slide #1 My Professional Perspective mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370680233 My professional perspective is an elementary school guidance counselor. I received my Bachelor of Science degree in Early Childhood Education, at Lubbock Christian University, in 2006.  I am working towards my Masters in Guidance and Counseling at Angelo State University.  This Legal Guide Padlet is a resource guide for educators to help them understand current laws and requirements for schools when educating students with dyslexia.  I chose this topic because in 2017, the 85th Texas Legislature passed House Bill (HB) 1886, amending Texas Education Code (TEC) §38.003, Screening and Treatment for Dyslexia, to require that all kindergarten and first-grade public school students be screened for dyslexia and related disorders. The law also requires that all students beyond first grade be screened or tested as appropriate.  This new law has changed the way dyslexia testing is done in the elementary setting.  Prior to HB 1886 testing was typically done in 2nd grade, however, Texas state law required testing to be done "at appropriate times," determined by each school district.  Implementation of these new screening requirements began in the 2018-2019 school year. ]]> 2019-07-09 22:52:02 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370680233 Slide #2 Interview mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370769028 I spoke with Aimee Stroope, principal at Northridge Elementary, in Frenship Independent School District about how HB 1886 impacted her work.

HB 1886 Screening
Mrs. Stroope explained that HB 1886 set the district in motion to ensure that schools are providing appropriate phonics programs for students so that when screenings are performed, the students true abilities are detected.  The State Board of Education (SBOE) amended its rule in 19 Texas Administrative Code (TAC) §74.28 requiring that screenings are to be conducted by appropriately trained and qualified individuals.  These required screenings have resulted in more children being identified as dyslexic so new provisions are being made concerning Dyslexia Therapist and licensing.

Best Practices in Dyslexia Screening
  • Universal district screening using flowchart provided in  The Dyslexia Handbook.
  • Screening instrument must follow state standards.
  • Timeline of screening is January 31st for 1st and 2nd grade, and by the end of the year for kindergarten. 
  • Monitor students that have been flagged but not identified previously. 

Emerging Issues
Screening requirements from HB 1886 have resulted in a higher number of students identified as dyslexic.  Effective intervention must be provided for these students.  Currently, teachers who provide dyslexia intervention are not required to hold a specific license or certification, however, additional documented dyslexia training aligned to 19 TAC §74.28(c), is required (Texas Education Agency (TEA), 2018).  This has also prompted districts to evaluate phonics programs in their instruction to determine if there is an issue of over qualifying of students resulting from poor instructional materials.  

(A. Stroope, personal communication, July 2, 2019).
 
]]> 2019-07-10 16:38:25 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370769028 Slide #3 TEA and The Dyslexia Handbook mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370781832 The Dyslexia Handbook—2018 Update: Procedures Concerning Dyslexia and Related Disorders released by the Texas Education Agency addresses legislative changes and clarifies processes regarding identification and services for students.  Information in relation to various federal laws and the state's dyslexia statutes is included in the handbook, as well as identification guidelines and services that must be offered to students. 
The handbook is helpful because it answers any questions about dyslexia educating and screening dyslexic students. It also provides useful resources for educators.   
Texas Education Agency. (2018). The dyslexia handbook: Procedures concerning dyslexia and related disorders [PDF]. Austin: Texas Education Agency. Retrieved from file:///C:/Users/Mann/Downloads/2018-Dyslexia-Handbook_Approved_Accomodated_12_11_2018%20(2).pdf


]]> 2019-07-10 19:18:40 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370781832 Slide #4 Identify Students with Dyslexia Early, and Use Proven Strategies to Teach Them mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370783959 In a press release from Education Dive, a policy brief from Southern Regional Education Board supports new legislation in holding that early identification and intervention will promote proficient readers (SREB, 2018).  SREB Policy Analyst Samantha Durrance (2018) stated, "if states identify more students who face the challenges of dyslexia and provide effective early interventions, they should be able to reduce the number of students who read below grade-level expectations" (SREB, 2018, para. 9). The policy analyzes that educators may not be able to provide suitable intervention for students that struggle with severe dyslexia if they have not had the proper training and preparation (SREB, 2018).
SREB. (2018). Identify students with dyslexia early, and use proven strategies to teach them. Retrieved from https://www.educationdive.com/press-release/20180212-identify-students-with-dyslexia-early-and-use-proven-strategies-to-teach-t/]]> 2019-07-10 19:54:47 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370783959 Slide #5 3 ways educators nationwide are working to disrupt dyslexia mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370785309 HB 1886 has resulted in early detection of dyslexic students.

As awareness of students struggling with dyslexia grows, districts nationwide are seeking research and science-based approaches to literacy instruction.  Education Dive's Laura Barack reported on instructional intervention efforts in Arkansas, Virginia, and Maryland.  The article focuses on three different instructional approaches used by the school districts that have produced significant results for their struggling learners, specifically dyslexic students (Barack, 2019).  


Barack, L. (2019, June 19). 3 ways educators nationwide are working to disrupt dyslexia. Retrieved from https://www.educationdive.com/news/3-ways-educators-nationwide-are-working-to-disrupt-dyslexia/557019/
]]> 2019-07-10 20:17:41 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370785309 Slide #6 Section 504 of The Vocational Rehabilitation Act of 1973 (29 USC § 794) - Statutory Law mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370790384 Dyslexia is a disability that falls under the protections of this civil rights law that protects individuals from discrimination based on a disability in the schools and other public organizations. 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. 



]]> 2019-07-10 21:47:18 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370790384 Slide #7 The Americans with Disabilities Act of 1990 (42 USC § 12101) - Statutory Law mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370790689 Students with dyslexia are protected under this law that extended Section 504 by requiring accommodations and modifications for individuals with disabilities in public and private organizations. This law prohibits discrimination against individuals with disabilities.   



]]> 2019-07-10 21:54:09 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370790689 Slide #8 Individuals with Disabilities Education Act of 2004, H.R. 1350, (P.L. 108-446) - Statutory Law mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370791430 An act to reauthorize the Individuals with Disabilities Education Act, and for other purposes. This education law promotes accountability for results, enhances parent involvement, uses proven practices and materials, provides more flexibility, and reduces paperwork burdens for teachers, states and local school districts.  Dyslexia is included under the Specific Learning Disability heading and must have an Individualized Education Program with classroom accommodations so that the child may be educated in the Least Restrictive Environment possible. 

 

]]> 2019-07-10 22:06:53 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370791430 Slide #9 Texas Education Code §21.044(c)(2) - Administrative Law mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370791915 Texas Education Code §21.044 (c)(2) outlines the curriculum requirement for teacher preparation programs to include the characteristics of dyslexia, identification of dyslexia, and multisensory strategies for teaching students with dyslexia. This is included in The Dyslexia Handbook—2018 Update: Procedures Concerning Dyslexia and Related Disorders released by the Texas Education Agency.  ]]> 2019-07-10 22:17:22 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370791915 Slide #11 Ethical Principle mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370794861  It is not uncommon for school counselors to facilitate and lead Admissions, Review and Dismissal (ARD) meetings or 504 meetings for students with disabilities.  ASCA Ethical Standards for School Counselors standard A.1.h. states that the counselors responsibility to students includes, supporting student development by providing effective, responsive interventions to address student needs (ASCA, 2016). The school counselor must understand the general education curriculum and the resources available to the school and the student.

ASCA ethical standards for school counselors. (2016) Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf ]]> 2019-07-10 23:31:05 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370794861 Slide #10 Local policy regarding dyslexia screening and reporting results mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370794863 According to Mrs. Stroope, Frenship ISD requires that parents be notified by letter when their child is flagged by the dyslexia screening instruments.  Meetings are scheduled to discuss plans for intervention (A. Stroope, personal communication, July 2, 2019).  

Frenship ISD also requires that student data be reviewed every six weeks to monitor growth and necessary changes be made to intervention. (A. Stroope, personal communication, July 2, 2019).  ]]> 2019-07-10 23:31:05 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370794863 Slide #12 Non-Law Source mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370882640 Bright Solutions for Dyslexia is a website developed by Susan Barton, an internationally recognized expert in dyslexia.  The website offers resources and tools for parents and educators in video and blog structure.  Barton provides tips and best instructional practices for intervention while remaining current with laws and regulations for dyslexia students. 
Barton, S. (2014). Bright Solutions: What is Dyslexia? Retrieved from https://dys-add.com/dyslexia.html]]> 2019-07-11 16:14:30 UTC https://padlet.com/mmann81/wwimt14yy3r/wish/370882640 Slide #13 Best Practices for Compliance mmann81 https://padlet.com/mmann81/wwimt14yy3r/wish/370885822 Compliance with HB 1886 requires that the school counselor:
  • Understands the definitions and characteristics of dyslexia defined by Texas Education Code (TEC) §38.003, “Dyslexia means a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and sociocultural opportunity. “Related disorders” include disorders similar to or related to dyslexia, such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability" TEC §38.003(d)(1)-(2) (1995).  
  • Understands the state requirements for screeening.  Texas Education Code §28.006, "Reading Diagnosis, requires each school district to administer to students in kindergarten, first grade, and second grade a reading instrument to diagnose student reading development and comprehension" (TEA The Dyslexia Handbook, 2018, p. 20).
  • Is familiar with screening deadlines: January 31st for 1st and 2nd grade, and by the end of the year for Kindergarten. 
  • Understands that universal screening instruments must follow state standards.
  • Understands that   parents/guardians have the right to request a referral for a dyslexia evaluation under IDEA or Section 504 at any time.
  • Understands best practices for ongoing monitoring and plans for intervention.
  • Ensures that dyslexic students are being educated in the least restrictive environment possible. 
  • Supports student development by providing effective, responsive interventions to address student needs (ASCA, 2016, A.1.h).  The school counselor must understand the general education curriculum and the resources available to the school and the student. 

ASCA ethical standards for school counselors. (2016) Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Texas Education Agency. (2018). The dyslexia handbook: Procedures concerning dyslexia and related disorders [PDF]. Austin: Texas Education Agency. Retrieved from file:///C:/Users/Mann/Downloads/2018-Dyslexia-Handbook_Approved_Accomodated_12_11_2018%20(2).pdf
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