(1) “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. (2) “Related disorders” includes disorders similar to or related to dyslexia such as developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability. The current definition from the International Dyslexia Association states the following: Dyslexia is a specific learning disability that is neurological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge. (Adopted by the International Dyslexia Board of Directors, November 12, 2002). Students identified as having dyslexia typically experience primary difficulties in phonological awareness and manipulation, single-word reading, reading fluency, and spelling. Consequences may include difficulties in phonological awareness are unexpected for the student’s age and educational level, and are not primarily the result of language difference factors. Additionally, there is often a family history of similar difficulties. II. State and Federal Law Regarding Early Identification and Intervention Prior to Formal Assessment Both state and federal legislation emphasize early identification and intervention for students who may be at risk for reading difficulties, such as dyslexia. In accordance with TEC §28.006 Reading Diagnosis, Somewhere ISD administers early reading instruments in kindergarten, first, and second grades to determine students’ reading development and comprehension. Additionally, the law requires a reading instrument from the commissioner’s approved list to be administered at the beginning of grade 7 to any student
unexpected for the student in relation to the student’s other cognitive abilities (the ability to learn in the absence of print) and unexpected in relation to the provision of effective classroom instruction. Many students with dyslexia will have difficulty with the secondary characteristics of dyslexia, including reading comprehension and written composition. The §504 or ARD Committee will also incorporate the following guidelines from TEC §38.003 and 19 TAC §74.28: The student has received conventional (appropriate) instruction The student has an unexpected lack of appropriate academic progress (in the areas of reading and spelling) The student has adequate intelligence (an average ability to learn in the absence of print or in other academic areas) The student exhibits characteristics associated with dyslexia The student’s lack of progress is not due to socio-cultural factors such as language differences, irregular attendance, or lack of experiential background Assessment under Section 504 Based on the above information and guidelines, the committee first determines whether the student has dyslexia. If the student has dyslexia, the committee also determines whether the student has a disability under §504. Whether a student is eligible for §504 accommodations is a separate determination from the determination that the student has dyslexia. A student is disabled under §504 if the physical or mental impairment substantially limits one or more major life activities, such as the specific activity of reading. Additionally, the §504 committee, in determining whether a student has a disability that substantially limits the student in a major life activity, must not consider the ameliorating effects of any mitigating measures that student is using. If the committee does not identify dyslexia, but the student has another condition or disability that substantially limits the student’s learning, eligibility for §504 services related to the student’s other condition or disability should be considered. Students with additional factors that complicate their dyslexia may require additional support or referral to special education. If a student is already qualified as a student with a disability under special education, the
Admission, Review, and Dismissal (ARD) committee should determine the least restrictive environment for delivering the student’s dyslexia intervention. Assessment Special Education At any time during the assessment for dyslexia, identification process, or instruction related to dyslexia, students may be referred for evaluation for special education. At times, students will display additional factors/areas complicating their dyslexia that requires more support than what is available through dyslexia instruction. At other times, students with severe dyslexia or related disorders will be unable to make adequate academic progress within any of the programs for dyslexia or related disorders. In such cases, a referral to special education for evaluation and possible identification as a child with a disability within the Individuals with Disabilities Improvement Act of 2004 (IDEA) will be made as needed. Students with additional factors that complicate their dyslexia may require additional support or referral to special education. Assessment of Special Education Students If a student is already in special education, but exhibits the characteristics of dyslexia or related disorders and is referred for assessment, assessment procedures for students under the Individuals with Disabilities Act (IDEA 2004) will be followed. Assessment data from prior special education assessments may be utilized, and/or additional assessment may be conducted by personnel trained in assessment to evaluate students for dyslexia and related disorders. In this case, the ARD committee will make determinations for those students. If the student with dyslexia is found eligible for special education in the area of reading, and the ARD committee determines the student’s instructional needs for reading are most appropriately met in a special education placement, the student’s Individualized Education Program (IEP) must include appropriate reading instruction. Appropriate reading instruction includes the components and delivery of dyslexia instruction listed in The Dyslexia Handbook ~ Revised 2014, Chapter III, “Instruction for Students with Dyslexia.” Assessment of Students Identified Outside the District