Questions about dyslexia and special education eligibility are some of the most common questions parents ask us. If you suspect your child has dyslexia, trust your gut! Have your child tested, by the school or by a private evaluator, and do it sooner rather than later (1st grade). It is critical to identify dyslexia as early as possible. Early intervention is key to remediating dyslexia effectively. Whatever you have to do to get your child identified as early as possible, do it!
Q: If my child has been diagnosed with dyslexia (or dysgraphia or dyscalculia), is heeligible for special education servicesunder an IEP?
A: Maybe. A dyslexia diagnosis or “identification” of dyslexia is part of determining eligibility for special education. If your child has a learning disability in reading (dyslexia), writing (dysgraphia), or math (dyscalculia), AND she also is not achieving “adequately” in school, then she is eligible for special education services under an IEP.
However, some students with dyslexia don’t need IEPs—an older child with dyslexia may have already learned the skills they need to achieve in school, or they may be able to compensate for their dyslexia and still be successful. A child doesn’t need an IEP just because they have a diagnosis, but if they need “specialized instruction,” they should have an IEP. Even if your child is getting a reading intervention in school without an IEP, one benefit to having that intervention time documented on an IEP is that it obligates the school to provide it, and gives you recourse if they do not.
Q: Can my child’s school use my child’sFountas and Pinnell level (those A-Z reading levels) to say that my child is not below grade level and therefore does not qualify?
A: No. First of all, Fountas and Pinnell “levels” are subjective (and have been debunked as an ineffective way to measure reading ability), so they aren’t reliable. Second of all, schools can never use only ONE measure. Schools must consider multiple sources of information, and those sources should be objective. Objective sources are things like standardized test scores, like a combination of cognitive (IQ) tests and academic achievement tests, or tests of phonological processing. If you suspect dyslexia, you should ask how your team plans to test your child’s phonological awareness, phonics skills, and reading fluency. All three of these skills are critical to understanding your child’s needs. Don’t stop advocating until you have scores in each of these areas.
Q: My child’s school did a few tests (for example, the Woodco*ck Johnson), and says there is not enough data to show that my child has dyslexia (or a learning disability), OR, the teacher says my child is doing fine, but I know they are struggling. Is there anything else I should do?
A: Parents who believe their child has dyslexia, but whose schools say they do not, should consider private testing. Parents are rarely wrong about this, and unfortunately, many parents are still given harmful messages by schools that delay identification. If you suspect something is wrong but are told that your child is “not far enough behind,” “is just immature,” “isn’t trying hard enough,” or that “all children learn to read in their own time,” run– do not walk– to get additional data from a professional. There are many options available for private testing– complete psychoeducational assessments by a psychologists, or less extensive educational testing with a special education consultant (look for a certified special educator). Take any testing your school did with you to the private professional. Early intervention is key– don’t wait. Do this.
Q: My child’s IEP team or teacher says that the are performing on grade level or about the same as other students in the class according to “classroom data” or their “observation” even though we have low standardized test scores, and the teacher’s opinion is the only source of information being used by the IEP team.
A: This is unacceptable. First of all, schools are obligated to use more than one source of information by law. Secondly, teacher “observation” is subjective. It may be based on who else is in the class, or a host of other things, including a lack of knowledge about the science of reading. It may be based on your child’s higher skills in other areas, including verbal communication. This does not mean that your child is not missing critical reading skills that will eventually catch up to them. It is simply illogical to ignore standardized testing (which compares thousands of students of the same age to each other) because a classroom teacher doesn’t notice a problem. Standardized data is more reliable (by definition). This may be a case where you need legal intervention. This team is not prioritizing your child’s best interests.
Q: Does my child have to betwo or three grade levels belowin reading to qualify?
A: No, this is a common myth.Nowhere in the law is this required, and insisting on this requirement could put your school district in violation of IDEA’s requirement to identify all children with disabilities. Anytime a school says this, you should ask for the policy– it doesn’t exist. In fact, delaying eligibility for special education when they otherwise qualify to see how a child “responds to intervention” (wait and see) is illegal. If you get this message from your school, it may be time to seek legal counsel.
Q: Can my school districtcreate their own requirements for eligibility? How do I know if they are making up their own requirements?
A: No. They must follow Federal and State law. They can develop and use their own procedures to determine if a child meets the legal requirements, but those must be in compliance with the law, and cannot create additional restrictions. If your district has created a district specific form for Specific Learning Disability Special Education eligibility that includes additional requirements (besides what is described above) and says that your child must meet all of the criteria on the form, that may be an indication that the district is not following State and Federal law about dyslexia and special education eligibility.In Maryland, the best thing you can do is review and share with your team the Maryland State Department of Education’s Technical Assistance Bulletin on Specific Learning Disabilities which describes eligibility for students with dyslexia. This is a great resource to bring with you to IEP meetings. In fact, bring an extra copy to leave with the team!
Q: My child is smart. His IQ is high, but he is not reading as I would expect given his verbal or other abilities. Can the schooldeny him an IEP because he is “too smart”?
A: No! High IQ (high cognitive ability) does not prevent a child from being eligible for special education, or from having dyslexia. Many children with dyslexia have an average, above average, or superior IQ. If your child’s dyslexia is effecting her academic performance, she could qualify. Similarly, children with good grades may qualify for special education eligibility and services. Good grades are not an indicator that a child is not missing critical early reading skills– especially in elementary school, where grades mean very little.
Q: My child has high cognitive ability but is not performing well in school. The school says that in the past they considered this difference between high cognitive ability and low academic performance or high cognitive ability in one area and lower ability in another (disproportionality) to determine eligibility, but they aren’t allowed to do this anymore. Is this true?
A: No. This type of criteria is called “significant discrepancy.” It refers to the fact that IQ scores are high, but performance (how well the child actually reads, writes or does math), is much lower (or that there is a discrepancy between different cognitive subtests). Using this type of criteria is allowed. It just cannot be required for eligibility (because it works for some kids– like those who are twice exceptional– but not others). For twice exceptional students, meaning those who have high cognitive ability and also a disability, having the option to use significant discrepancy as a way to determine eligibility is very important– otherwise, many Twice Exceptional children with disabilities would be missed.Or, conversely, if your school district has a form that says a significant discrepancy is required, that is also illegal, as it cause a different group of students to be missed. That’s why there are multiple legal ways to identify a learning disability.
Q: My school says that dyslexia isn’t a category under IDEA, and that dyslexia and special education eligibility is governed by theSpecific Learning Disability (SLD) category/coding. Is this right? I thought we could “say dyslexia.”
A: This is right. Dyslexia IS a specific learning disability according to the Individuals with Disabilities in Education Act (IDEA), which is Federal law (this is not new– the word “dyslexia” has appeared in the language of the IDEA for years). If the disability that qualifies your child for special education services under an IEP is dyslexia, the correct disability “code” on the IEP is Specific Learning Disability (SLD). However, you can (and should!) ask that they include a sentence in the eligibility discussion section of the IEP saying that your child has dyslexia, dysgraphia or dyscalculia. You can also ask that they use the check box on the Maryland IEP form that indicates that your child’s SLP is dyslexia, dysgraphia, or dyscalculia. If the team refuses to do this, ask that they document in the meeting notes why they are refusing. Documenting that a child has dyslexia does not necessarily entitle the child to specific interventions but it absolutely helps guide decision making in that direction– and helps everyone understand who your child is. For help determining what services to provide to a student with dyslexia, refer your team to the Maryland State Deportment of Education’s Supplement on Specific Learning Disabilities.
Q: Can a student with dyslexia have a 504 plan instead of an IEP? Would that be enough help?
A: Yes, a student with dyslexia could have a 504 plan, and a 504 plan may include everything a student with dyslexia needs to be successful in school– with a few caveats. If the student needs evidence-based reading intervention, they should have an IEP and that service should be listed on the IEP. It is important to have the protections of IDEA (through an IEP) if the student still needs active intervention. The IEP in that case needs to spell out that the student’s services include evidence-based, structured literacy intervention that is systematic, cumulative, diagnostic and prescriptive. Also, if the student still needs intervention, they need the IEP because of the requirement of progress data monitoring under an IEP. However, some students with dyslexia have already received this type of intervention and have “graduated” — that’s amazing and exactly what we are trying to do. Students who get early intervention may no longer need an IEP once they reach high school or whenever they no longer need active specialized services. These students could be eligible for 504 plan for dyslexia that includes accommodations. Accommodations can level the playing field for older students with dyslexia. People with dyslexia never stop having dyslexia– they may not need active intervention, but they might benefit from extra time for reading or writing activities, audio books, or other interventions which can be written into a 504 plan.
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