If you're a student living with dyslexia, or the parent of a dyslexic student, you're not alone. As one of the most common neuro-cognitive disabilities in our world, researchers say dyslexia affects about 20 percent of the population--many of whom go undiagnosed for years, and many of whom are never diagnosed. Yet those who have it often struggle to learn in the traditional education model, often resulting in poor grades, slow progress, and even social stigmas, as undiagnosed dyslexics are often mistakenly labeled as lazy or intellectually slow.
The silver lining is that dyslexia is recognized as a learning disability, and once it is diagnosed, federal law mandates that K-12 schools, colleges, and universities provide accommodations to assist students with dyslexia. That being said, getting these accommodations is not an automatic process. Students and parents need to be aware of their rights in such cases as it's not uncommon for schools to fall short in providing adequate support to these students, and the shortfall can result in a compromised education at best or result in disciplinary academic outcomes at its worst.
If your child is not receiving appropriate accommodations for dyslexia in school, or if you're overwhelmed with the complex process involved in getting these accommodations, your best hope is to engage the services and representation of an experienced education attorney. The Education Law Team at the Lento Law Firm has a demonstrated nationwide success rate in handling the intricacies of student disability matters. We will fight to ensure your child receives the quality access to education they deserve. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or submit our secure online form.
Understanding Dyslexia
Dyslexia is a neurological condition that impacts the way an individual reads, writes, and comprehends language. While it is often oversimplified as simply jumbling letters or numbers, dyslexia often manifests in a variety of ways. Characterized by difficulties with phonological processing (the manipulation of sounds), it can also impact reading comprehension, writing, spelling, and sometimes arithmetic.
It is important to note that dyslexia has nothing to do with intelligence; it is simply a different way of processing information. In fact, individuals with dyslexia often have average or above-average intelligence.
The indicators of dyslexia can vary widely among individuals but often include problems with learning the sounds of letters, difficulty in decoding words (breaking them down into their sounds), and issues with rapid visual-verbal responding. In younger children, signs might include delayed speech development, difficulty in learning letters and their sounds, and problems forming words correctly, which can include reversing or jumbling up letters and sounds in words. In older children and adults, difficulties may manifest as slow reading speed, poor spelling, confusing the order of letters in words, avoiding activities that involve reading, and misunderstanding or misinterpreting written information.
Diagnosing dyslexia involves a series of tests administered by a specialist, such as a psychologist or a specialist trained in educational assessments. These tests are designed to measure a range of skills, including reading, spelling, vision, hearing, and speech, to rule out other conditions that might cause similar symptoms. Importantly, an assessment for dyslexia will look at the individual's ability to understand and use words, to remember information after hearing it, and to see similarities and differences in letters and words. An assessment may also include questionnaires for both the individual and their family to understand the individual's development, academic history, and any family history of similar issues.
Dyslexia can be hereditary, but it can also occur in individuals with no family history. It is often diagnosed in childhood, but some people may not be diagnosed until adulthood. It is a lifelong condition that cannot be cured, but it can be managed through various accommodations and strategies.
The Effects of Dyslexia on the Learning Process
Dyslexia significantly impacts a student's educational experience, often presenting unique challenges that extend beyond difficulties with reading and writing. Students with dyslexia may experience a pervasive sense of frustration and anxiety related to academic tasks, particularly those involving reading aloud, spelling, and timed tests. This anxiety can hinder their ability to perform to their potential, affecting their confidence and self-esteem. The traditional classroom setting, which heavily relies on text-based instruction, can exacerbate these difficulties, making it harder for dyslexic students to keep pace with their peers.
The strain of coping with dyslexia can also affect a student's motivation and engagement in school. They might avoid reading and writing tasks, participate less in class, or show reluctance to attend school altogether. The constant struggle to match their peers' reading and writing speeds can lead to feelings of inadequacy and isolation. Without appropriate support and accommodations, such as tailored teaching methods, extra time on tests, or the use of technology aids, dyslexic students may not fully access the curriculum or reach their academic potential.
Dyslexic Students Are Entitled to Accommodations by Law
Students living with disabilities are entitled by law to receive appropriate accommodations to assist them in getting an education. Under federal law, a disability is defined as a “physical or mental impairment” that significantly impacts one or more “major life activities.” These protections are provided by Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Individuals with Disabilities Education Act (IDEA). Together, these laws dictate how schools must make accommodations for students with disabilities. IDEA specifically addresses the needs of disabled K-12 students, while ADA regulations are vital for college students needing accommodations. Section 504 applies to all schools that receive federal funding, encompassing both grade schools and higher education institutions, although specific provisions may differ according to the type of school.
Since education is considered a "major life activity," and since dyslexia is recognized as a learning disability, dyslexic students have a legal right to receive accommodations from their respective schools. To obtain these accommodations, students or their guardians must make a formal request for accommodations and usually supply proof of the dyslexia diagnosis. The process for applying for accommodations varies from school to school, and failure to adhere to specific protocols could result in the disqualification of your student from accommodations. The Lento Law Firm Team can assist with this process to ensure your student meets all the qualifying criteria and that the school meets its legal responsibilities.
IEP Provisions for Dyslexic Students
A key component of IDEA is that students with recognized disabilities are entitled to an Individualized Education Plan (IEP) specifically designed to account for their unique educational requirements. This plan is developed collectively by school officials, teachers, and parents and is aimed at providing essential support for the student.
Examples of possible accommodations for a dyslexic student under an IEP include, but are not limited to:
- Individualized Reading Programs: Tailored programs that focus on phonemic awareness, decoding skills, and fluency to address the specific challenges faced by students with dyslexia.
- Access to Text-to-Speech Software: Technology that converts text into spoken word, enabling students to better comprehend reading materials and instructions.
- Extended Time on Tests and Assignments: Allowing additional time for students with dyslexia to process information and complete tests and assignments, ensuring they are evaluated on their knowledge rather than their processing speed.
- Use of Audiobooks and Oral Examinations: Incorporating audiobooks for learning and allowing oral responses to examination questions can significantly benefit students who struggle with reading and writing.
- Visual Aids and Graphic Organizers: Implementing tools such as charts, graphs, and mind maps to assist in organizing thoughts and understanding complex information visually.
Note that IEPs are only mandatory for public and charter schools at the K-12 level. Private schools are not legally obligated to provide an IEP, and while colleges have the choice of extending a student's high school IEP, they are not required to do so (although they must provide equivalent accommodations under the ADA).
Free Appropriate Public Education (FAPE) for Dyslexic Students
Under the guidelines set by Section 504 and the Individuals with Disabilities Education Act (IDEA), every student with a disability has the right to the same quality of public education as their non-disabled peers. This means educational institutions offering free public education with federal support are mandated to provide a Free Appropriate Public Education (FAPE) to all students with recognized disabilities--including students diagnosed with dyslexia. The directive covers all federally funded schools offering complimentary education, spanning public and charter K-12 schools. (Since most colleges and universities do not provide free education, FAPE requirements do not apply to them.)
The precise implementation of FAPE for dyslexic students is dependent on various factors, such as the student's unique requirements and the severity of their dyslexia, alongside the policies of their respective school districts. The core notion of FAPE is to teach students with disabilities in regular classrooms alongside their non-disabled peers as much as is feasible, supplemented by any required special education services to ensure equitable access to the educational offerings. It's crucial to note that FAPE aims to guarantee access rather than promise the highest possible level of service or meet every service preference of the student with disabilities.
ADA Reasonable Provisions for College Students with Dyslexia
The Americans with Disabilities Act (ADA) requires colleges and universities to provide "reasonable accommodations" for students with disabilities, including those with dyslexia. Students seeking such accommodations can submit documentation or a diagnosis to their school and request changes considered essential for their situation. Although a high school IEP does not directly apply at the college level, it can be used as evidence to support the accommodations request and function as a guideline for identifying suitable supports. Many higher education institutions have specialized departments dedicated to supporting students with disabilities.
Confronting the Problem When Schools Do Not Accommodate Dyslexia
Regrettably, there are instances where dyslexic students face challenges in securing the accommodations they need from their schools. The school may either fail to acknowledge or recognize the student's disability or provide insufficient or no accommodations to help with that disability.
In these situations, it is critical for both students and their parents to recognize their rights under the law and diligently follow the school's procedures for resolving such matters. Should efforts to collaborate with the school not produce the desired results, seeking advice from an education law attorney with experience in disability accommodation disagreements becomes a necessary next step.
How the Lento Law Firm's Education Law Team Can Assist
When schools fail to accommodate dyslexia, it can have a profoundly negative impact on the child's education experience. The obligation of K-12 schools and colleges to accommodate these disabilities is essential to ensure no student is denied equal access to education due to a disability. And yet, many students and parents are either unaware of their rights, or if they are aware, the process of obtaining those accommodations can be both confusing and overwhelming. This is where the Lento Law Firm Team can help.
The Education Law Team at the Lento Law Firm has extensive nationwide experience in advocating for the rights of students with dyslexia and other disabilities, working tirelessly to ensure these students receive the accommodations they rightfully deserve. Our mission is to smooth the road toward academic success and a promising future for each student we represent.
The legal complexities and bureaucratic obstacles involved in getting a school to comply with the law can be daunting for any family seeking accommodations for a student with dyslexia. The risks to your child's future are simply too great to attempt to navigate this process alone. If you or someone you care for is having difficulty securing necessary accommodations for a disability, call the Lento Law Firm at 888-535-3686 or fill out our confidential online form.
