What can I do?
IEP Team states they don’t use the terms
“dyslexia”, “dysgraphia” or “dyscalculia” in student’s IEP.
A: IDEA requires that the IEP Team tailor specially designed instruction to specifically meet the individual needs of the student. As Specific Learning Disability is an umbrella term, the IEP Team needs to carefully document all areas of deficits. If the student exhibits characteristics of dyslexia, dysgraphia, or dyscalculia it is important that these areas of need are specified in the IEP.
The U.S. Department of Education (USDOE) encourages States to review their policies, procedures and practices to ensure that they do not prohibit the use of the terms dyslexia, dyscalculia, or dysgraphia in evaluations, eligibility, and IEP documents. Finally, in ensuring the provision of Free and Appropriate Public Education, USDOE stressed the importance of addressing the unique educational needs of children with specific learning disabilities resulting from dyslexia, dyscalculia, or dysgraphia during IEP meetings and other meetings with parents under IDEA (Source: OSERS Dear Colleague Letter October 23rd, 2015). To download a complete copy of this letter, click HERE.
B. To ensure that local educational agencies (LEAs) in South Carolina were aware of this guidance, the South Carolina Department of Education (SCDE), Office of Special Education Services (OSES), issued a memorandum to LEAs on December 15, 2015. This memorandum provided the “Dear Colleague” letter, and reinforced that nothing within state regulations, policies, or procedures prohibited the use of “dyslexia” or other identified terms in IEPs. The December 15, 2015, memorandum referenced State Board of Education Regulation which provides the definition of specific learning disabilities, which may include conditions such as dyslexia that may qualify a child for services under the IDEA as long as the child has been (1) evaluated in accordance with 34 C.F.R. § 300.304-§ 300.311 and SBE R. 43-243, and (2) found eligible using the criteria listed at 34 C.F.R. § 300.8 and SBE R. 43-243.1. (Source: Recent OSEP Guidance on Dyslexia December 15, 2015)
On May 26, 2016, Governor Nikki R. Haley signed a Joint Resolution (R209, H5024) requiring the SCDE to provide all kindergarten through grade three literacy coaches and teachers with training on dyslexia and related reading disorders, evidence-based screenings, instructional methods, and interventions before the beginning of the 2016–17 school year. A copy of the Resolution may be found as Appendix A. The Resolution also required the SCDE to submit a report to the General Assembly by October 1, 2016. The SCDE is pleased to provide this report. (Source: Dyslexia Final Report-2016 Dyslexia Training as Required by Joint Resolution H5024)