Dyslexia and School Responsibility

[boscomom]

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

I am confused as to where I fall with regard to my child's legal rights.

A brief explanation of the process that has occurred to dated:

1. I approached the school and requested a MFE to test my 6 year old son (who is in the 1st grade) for dyslexia due to a prevalent family history and his meeting several of the early warning signs.

2. The school formed an Intervention Assistance Team and denied my request, as he is not actively failing.

3. So, on my own, I had a full psycho-education evaluation done and the results were that my son is dyslexic and also presents with dysgraphia.

4. The results were presented to the IAT at our 2nd meeting. The report was neither accepted or rejected by the IAT. Rather, the IAT continued with the goal and response model.

Now I am stuck and confused. I have a report that states:

"To meet ****'s educational needs as adequately as a child without these disabilities, **** will need the following recommendations. Furthermore, ****'s disabilities are recognized under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA)."

However, I have a child that is having no problem meeting the goal and response model that the school has set in place as his IQ is high and his dyslexia won't truly present as problematic until 3rd to 4th grade. Seeing as though he is academically "average", and even above average is some areas, the presence of a LD is being denied by the school.

So, where am I as far as my legal rights? I feel I have fallen into this gray area where I feel no clear law or process applies.

My ultimate goal is to have an IEP in place to protect my son's legal rights as a dyslexic and to make the school responsible for providing him with a free and appropriate education based on his disability.

Any help or advice would be greatly appreciated and thank you advance for your assistance.

 

[ecmst12]

If he is able to perform well, even excel, without an IEP in place, then why do you think he needs one? If he starts having trouble in 3rd or 4th grade, you can request the evaluation and IEP at THAT time. Meantime, let him be, don't be so eager to slap the DISABLED label on him! He's doing fine in school, he doesn't need intervention or special accomodations, and it's entirely possible he never will.

 

[boscomom]

I believe he needs an IEP in place because he has a specific named learning disability. By having an IEP, his legal rights will be protected. Additionally, the obligation of providing a free and appropriate education will be the responsibility of the school.

Waiting to fail is an unfortunate approach to a problem that could easily be solved via early intervention methods. His disability will likely not affect him substantially until 3rd or 4th grade. This is because some dyslexics are able to fully function alongside classmates at earlier levels by using coping methods such as reading by memory or by picture. However, once reading for information, purpose, comprehension and fluency become a prominent part of reading instruction, his dyslexia will affect his ability and failure will become apparent.

The bottom line is that he has a disability that is preventing him from learning the early fundamental reading skills needed for future success. He may remain average for the next few years using reading by memory, but he will not truly be learning how to read.

If your child could not read, would you wait until 3rd grade to help them? Further, why would I wait until 3rd grade to treat a problem that could be dealt with now and by doing so I would better ensure his future success?

If slapping a label on my child will ensure his rights and provide him with the necessary interventions for success, it would be foolish to not do so. Waiting to fail is not an option I am willing to accept.

I guess my bottom line is that this is the school's obligation - they know it and they do not have the appropriate facilities in place to assist - so, they deny.

I am fully capable of meeting my son's needs without the assistance of his school, however, I strongly feel that they need to be held accountable as well and also need to be educated on the aspects of dyslexia.

 

[HappyWanderer]

If your child could not read, would you wait until 3rd grade to help them? Further, why would I wait until 3rd grade to treat a problem that could be dealt with now and by doing so I would better ensure his future success?

I don't know much about the rules, but I think the school is following the proper process and you will need to find out where their error is to be successful. I don't think the error, if there is one, is what you're arguing and why I don't think you'll win that way. I'd look more to process rules. What process must they follow? Why is there a denial?

And, by the way, you used "I" a lot in your post. But, you're really looking for "me" to help. At least, for me to pay for the help.

 

[boscomom]

The school is following all the laws and processes that are required. I am not seeking out a loop hole or error to slide my way into an IEP. I am simply asking what the next step would be in getting closer to an IEP.

In part I am also sounding off my frustration at a process that is far from perfect. It is hard to provide responses when there is so much misinformation on dyslexia. It's all about early intervention, so it is very frustrating to me that failure has to come before help.

Your stab at my wanting YOU to pay for my son's education is truly pathetic and warrants no further comment.

 

[Zigner]

And, by the way, you used "I" a lot in your post. But, you're really looking for "me" to help. At least, for me to pay for the help.

THAT was uncalled for and this OP deserves an apology

 

[Zigner]

Section 504 of the ADA may be the most appropriate thing at this point...

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

I am confused as to where I fall with regard to my child's legal rights.

A brief explanation of the process that has occurred to dated:

1. I approached the school and requested a MFE to test my 6 year old son (who is in the 1st grade) for dyslexia due to a prevalent family history and his meeting several of the early warning signs.

2. The school formed an Intervention Assistance Team and denied my request, as he is not actively failing.

3. So, on my own, I had a full psycho-education evaluation done and the results were that my son is dyslexic and also presents with dysgraphia.

4. The results were presented to the IAT at our 2nd meeting. The report was neither accepted or rejected by the IAT. Rather, the IAT continued with the goal and response model.

Now I am stuck and confused. I have a report that states:

"To meet ****'s educational needs as adequately as a child without these disabilities, **** will need the following recommendations. Furthermore, ****'s disabilities are recognized under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA)."

However, I have a child that is having no problem meeting the goal and response model that the school has set in place as his IQ is high and his dyslexia won't truly present as problematic until 3rd to 4th grade. Seeing as though he is academically "average", and even above average is some areas, the presence of a LD is being denied by the school.

So, where am I as far as my legal rights? I feel I have fallen into this gray area where I feel no clear law or process applies.

My ultimate goal is to have an IEP in place to protect my son's legal rights as a dyslexic and to make the school responsible for providing him with a free and appropriate education based on his disability.

Any help or advice would be greatly appreciated and thank you advance for your assistance.

 

[ecmst12]

Everyone pays for public schools, including OP. An IEP is not welfare.

I still think it's reasonable to wait, not until the child is actually failing, but at least until there is some evidence that he is having trouble and NEEDS special attention.

 

[slwx]

not legal advice

as a mother of a child who was determined to be LD in 1st grade -- who couldn't keep up with the class -- please take the previous poster's advice to not slap a label on him if you don't have to -- or earlier than you have to do so.

those IEP's are not all they're cracked up to be, if he can make it on his own, i'd let him do so as long as possible.

the rule of thumb to get special services is to be performing at a lower level that you're capable of based on your IQ and your grades. he wouldn't necessarily have to be failing to meet that criteria.

i'd also make sure i kept a close eye on him and get him some counseling if he seems to have any self-esteem issues because of his disability if you label him as such. kids can be very cruel about the smallest things.

 

[Zigner]

I am NOT advocating against an IEP, in general. In THIS case, an IEP might not be appropriate at this time, and the child might actually be better served under a 504 plan.

This is coming from a dad who's gone through THREE IEP's for his kids...including 2 of them starting out with 504 accommodations.

 

[weeeezzll]

Everyone pays for public schools, including OP. An IEP is not welfare.

I still think it's reasonable to wait, not until the child is actually failing, but at least until there is some evidence that he is having trouble and NEEDS special attention.

I would think that the medical evaluation that identified that her son does in fact have a learning disability called dyslexia would be enough to warrant special attention.

Another good resource in addition to ADA is IDEA. Child Find (a component of Individuals with Disabilities Education Act (IDEA)) requires states to identify, locate, and evaluate all children with disabilities, aged birth to 21, who are in need of early intervention or special education services.

I would ask for meeting with the principle. In that meeting ask them to give you an overview of the process they have for identifying and evaluating children with disabilities. They should have one since the ADA and IDEA require it. If they are unable to give you concrete information give them the opportunity to gather that info and provide it to you with in 10 school days verbally, and mail them a certified letter requesting the same documents. If they fail to provide you with the information that you need then find out who is in charge of special education at your counties Board of Education. Send them a certified letter requesting documents outlining the step required to get the help you need. Also ask them what steps need to be taken to have your child officially recognized as a special needs child.

 

[HappyWanderer]

The point I was trying to make was and is, the OP will not be successful by making the claim the child is handicapped. She must follow the procedure. That is not because it's fair or because it's right but because someone else is paying for it and have established the procedure.

 

[Isis1]

The point I was trying to make was and is, the OP will not be successful by making the claim the child is handicapped. She must follow the procedure. That is not because it's fair or because it's right but because someone else is paying for it and have established the procedure.

i get your point, but as stated, i think you owe OP an apology as well.

and i agree with ecmst. if the child's handicap (no one is disputing the handicap) is not disabling him, then he's fine. my now 8 year old is labeled PDD. but has fallen out of his IEP when he was 6. he no longer has an IEP. yeah, at times he needs a little extra help, but he does fine without an IEP. i think it's great he's able to participate full time in a classroom of his peers without the interuption of individualized instruction.

 

[Zigner]

The point I was trying to make was and is, the OP will not be successful by making the claim the child is handicapped. She must follow the procedure. That is not because it's fair or because it's right but because someone else is paying for it and have established the procedure.

What you SAID was: "And, by the way, you used "I" a lot in your post. But, you're really looking for "me" to help. At least, for me to pay for the help."

I still feel you owe an apology.

 

[ecmst12]

IEPs can really be a great help for kids who really need them. I know they're a heck of a lot better now then when *I* had one back in the day (actually hurt me more then it helped me, basically only helping the OTHER kids by removing me from the normal classroom). But they do need to be regulated. There is a finite amount of money to pay for this stuff. So the special treatments and accomodations need to be saved for the children who truly need them, because if it gets to the point where too many children have them even when they haven't been struggling to keep up, the services that the system can afford to provide to EACH child will be that much less.

At this time, work with the child at home and keep a close watch on his progress. Meet with his teachers and ask them to do the same. You don't need an IEP for that. Careful observance of his performance will mean intervention will be possible at the first sign of trouble - not before, and not after, but just when it's needed.