Public Schools Important Information – IDEA and Dyslexia

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In a letter dated October 23, 2015 from the federal government’s OSEP  – states CAN use the term dyslexia and address the needs of the student specifically in an IEP.

Excerpt: “There is nothing in the IDEA or our implementing regulations that prohibits the inclusion of the condition that is the basis for the child’s disability determination in the child’s IEP. In addition, the IEP must address the child’s needs resulting from the child’s disability to enable the child to advance appropriately towards attaining his or her annual IEP goals and to enable the child to be involved in, and make progress in, the general education curriculum. 34 CFR §§300.320(a)(1 ), (2), and (4). Therefore, if a child’s dyslexia, dyscalculia, or dysgraphia is the condition that forms the basis for the detem1ination that a child has a specific learning disability, OSERS believes that there could be situations where an IEP Team could determine that personnel responsible for IEP implementation would need to know about the condition underlying the child’s disability (e.g., that a child has a weakness in decoding skills as a result of the child’s dyslexia).”

PDF of this very important letter is here -> Education Guidance on Dyslexia oct 23 2015 (1)

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In a letter dated July 22, 2015 from the federal government’s OSEP  – Tennessee can NOT use RTI2 to delay or deny an evaluation for eligibility under IDEA.

Furthermore, the state is quoted in this letter as saying a student does NOT have to complete all 3 RTI2 tiers prior to referral for special education for a specific learning disability (dyslexia is one).

Take this letter (PDF version is linked at the end of this comment) to your school meetings and understand that state RTI2 policy cannot trump federal law.

RTI2 cannot be used to delay or deny an eval nor does a student have to go through all three tiers! We already knew this, but seeing this letter is huge. Thank you, dyslexia parents, for standing up for kids across our state!

PDF of letter -> https://www.dropbox.com/s/…/007690%20response%281%29%201.pd…

Letter

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