magnet school

[teacher1002]

What is the name of your state (only U.S. law)? Texas

Can a magnet school in Texas deny the rights of a student for accomodations and services under the Federal 504 disability law or State dyslexia law?

There is situation involving a magnet school, in which the student is ADHD (diagnosised by physician for ADHD and exhibits the characteristics of dyslexia- diagnonsised through testing from Scottish Rite Hospital in Dallas) and the magnet school refuses to provide any accomodations and services at that school. The magnet school says that the child can attend another school within their district, that is not a magnet school to have the services, but the child and parents want the curriculm provided at the magnet school. Isn't this child being denied their rights under 504 and dyslexia law?

Thank you!

 

[Perky]

What is the name of your state (only U.S. law)? Texas

Can a magnet school in Texas deny the rights of a student for accomodations and services under the Federal 504 disability law or State dyslexia law?

There is situation involving a magnet school, in which the student is ADHD (diagnosised by physician for ADHD and exhibits the characteristics of dyslexia- diagnonsised through testing from Scottish Rite Hospital in Dallas) and the magnet school refuses to provide any accomodations and services at that school. The magnet school says that the child can attend another school within their district, that is not a magnet school to have the services, but the child and parents want the curriculm provided at the magnet school. Isn't this child being denied their rights under 504 and dyslexia law?

Thank you!

Does the student have an IEP or 504 plan? Does the student's ADHD interfere with his learning? Not all students with ADHD require or qualify for a 504 plan. Do the characteristics of dyslexia affect the student's learning?

According to the IDEA, the school district is required to provide a free appropriate public education (FAPE) to students with disabilities. The district is offering that at another school. I don't believe the district must provide those services at the magnet school which is presumably a voluntary enrollment school, since the services can be provided at neighborhood schools.

If the child has neither a 504 plan or IEP, then the child isn't being denied any rights anyway. BTW, there is no "dyslexia law". The laws that cover disabilities are those of the IDEA and the ADA, as well as Section 504 of the Rehabilitation Act of 1973. Your username suggests that you're a teacher. If so, you should be a little more knowledgeable about these things, IMO.

 

[teacher1002]

teacher1002

I truly appreciate the comment posted and would like to inform you that in Texas there is a dyslexia law. Texas Education Code 38.003 (state law)
Check it out!

Thank you!

 

[Ohiogal]

You mean this?

§ 38.003. SCREENING AND TREATMENT FOR DYSLEXIA AND RELATED DISORDERS.
SUBCHAPTER A. GENERAL PROVISIONS

(a) Students enrolling in public schools in this state shall be tested for dyslexia and related disorders at appropriate times in accordance with a program approved by the State Board of Education.

(b) In accordance with the program approved by the State Board of Education, the board of trustees of each school district shall provide for the treatment of any student determined to have dyslexia or a related disorder.

(c) The State Board of Education shall adopt any rules and standards necessary to administer this section.

(d) In this section:

(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.

So it would not be against the law. You can go to another school in the same district to receive such education. Just because you do NOT like the way in which they deal with it doesn't mean they are acting improperly or illegally.

 

[Perky]

My bad, I missed the "state law" part. The idea of a "dyslexia law" seems odd to me though.

Regardless, you never said whether or not the student has an IEP or 504. Not that it matters since the services are offered elsewhere, as two of us have already pointed out. However, you might also want to read about the process to determine a student's eligibility for services, as outlined in the handbook published by the Texas Education Agency.

http://ritter.tea.state.tx.us/curriculum/elar/2007EnglishHandbook.pdf

Based on the above information and guidelines, the committee of knowledgeable persons determines whether the student has dyslexia. If the student has dyslexia, the committee of knowledgeable persons also determines whether the student has a disability under the Rehabilitation Act of 1973, §504. Not all students with dyslexia are automatically eligible for §504. A student is considered to have a disability under §504 if the condition substantially limits the student’s learning. Students with additional factors that complicate their dyslexia may require additional support or referral to special education.

If I offended you, I'm sorry. However, I'm not a Texan, but it was very easy for me to find the information needed to understand the situation. If you're a teacher in Texas, one would assume that you already know it.