1. Dyslexia Overview Presented by JW Fulton

6. What Kind of Instruction Does The Dyslexic Child Need? Dyslexia and other related learning disorders cannot be cured. Proper instruction promotes reading success and alleviates many difficulties associated with dyslexia. Instruction for individuals with learning differences should be: Explicit – intentional, direct teaching of skills for reading, spelling, and writing Systematic and Cumulative – has a definite, logical sequence of concept introduction Structured – has step-by-step procedures for introducing, reviewing, and practicing concepts Multisensory – engages the visual, auditory, and kinesthetic channels simultaneously or in rapid succession.

10. Section 504 Adapted from John Copenhaver and Miriam K. Freedman

12. What exactly does §504 say? “No otherwise qualified individual with handicaps in the United States… shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” 29 U.S.C. §794(a).

13. Civil Rights Section 504 is often referred to as the first civil rights act for individuals with disabilities. Section 504 applies to students, parents, employees, and other individuals with disabilities.

17. From Dubuque Community School District Impact of Function on Major Life Activities Ineligible for 504Eligible for 504 0 None 1 Negligible 2 Mild 3 Moderate 4 Substantial 5 Extreme Walking Seeing Breathing Reading Thinking Learning Hearing Speaking Concentrating Communicating

18. What is an “evaluation”under §504? The collecting, gathering, and interpreting of data from a variety of sources about the student’s educational functioning constitutes an evaluation. Data can include test scores, teacher recommendations, physical and health information, adaptive behavior data, discipline information, parent input, privately-obtained information, prior IDEA evaluations, grades and progress reports, RTI documentation, and other relevant information: a holistic evaluation A single source can trigger an evaluation, but cannot be the only source for determination Duty to evaluate on suspicion of need

21. Evaluations Initial evaluation Annual evaluation Periodic Reevaluation (3 years)

22. After evaluation, could a §504 committee decide that the student is so impaired that he should be referred for an IDEA evaluation? Yes, either upon initial evaluation, or after attempts to educate the student with a §504 plan, the §504 committee may refer the student for a special education evaluation.

23. Can a student be disabled but not qualify under §504? Yes, since some disabled students may not be substantially limited in learning or another major life activity by their disability. If a student with disabilities is able to function adequately in the school setting, they may not be substantially limited, and thus, not eligible under §504. Note: Under the new law, Section 504 may require us to accommodate the needs of students with disabilities which have nothing to do with their instructional needs.

24. “Technically Eligible” students Technically eligible students meet the eligibility criteria of having a physical or mental impairment that substantially limits one or more major life activities but does not need services from the school. Three types of technically eligible students are possible: – Student with impairment in remission – Student whose needs are met through mitigating measures that he/she controls (so services from the school are not required to meet the student’s needs) – Parental denial of consent for 504 services/plan

26. General Education Section 504 / ADA is a General Education management responsibility.

27. Examples of Students with Disabilities Who Might be Eligible Under Section 504/ADA HIV/AIDS Tuberculosis Arthritis Asthma Allergies Diabetes Obesity Epilepsy Heart Disease Chronic Fatigue Autism Orthopedic Dyslexia *It depends *Special Education—Qualified Students Bipolar Disorder Temporary Disability ADD/ADHD *Drug and Alcohol Migraine Headache Tourette Syndrome TBI—Traumatic Brain Injury Cerebral Palsy Cancer Multiple Sclerosis

28. OCR guidance indicates that in “virtually every case” diabetes, epilepsy, bipolar disorder, and autism will result in eligibility under Section 504. In Texas, one could add dyslexia. “ Automatic” Disabilities

29. When determining whether the student is a qualified individual with a disability under Section 504, the Section 504 Team cannot consider mitigating measures used by a student. Simply put—would the student be substantially limited without medication/other mitigating measures? If the answer is yes, then the student would qualify for Section 504 coverage. Mitigating Measures

30. Congress did not define the term “mitigating measures” but rather provided a non-exhaustive list of “mitigating measures.” The mitigating measures are as follows: Medication Medical supplies Equipment or appliances Low-vision devices (which do not include ordinary eyeglasses or contact lenses) Prosthetics (including limbs and devices) Hearing aids and cochlear implants or other implantable hearing devices Mobility devices Oxygen therapy equipment and supplies Use of assistive technology Reasonable accommodations or auxiliary aids or services Learned behavioral or adaptive neurological modifications Mitigating Measures

31. Health Plans

33. Legal Updates from CESD 2012 All OCR decisions on schools that viewed RtI as a prerequisite to 504 were found in violation (don’t deny 504 evaluation because of / lack of RtI once disability is suspected) Discipline: fundamental discipline protections under 504 are similar to those under IDEA (Manifestation Determination, FAPE during LT removals, protection against excessive ST removals, 10 day rule) Bullying and Harassment: increasingly intensive response by school (no deliberate indifference) Systems must be in place to assure response is timely and appropriate.

34. Dyslexia/504 Process Overview

35. 504 Process Overview

36. Screen shot of Dyslexia website

37. Notice and Consent for 504 Evaluation

38. Notice of 504 Meeting

39. 504 Evaluation – Pg 1 of 5 Committee members, procedural checklist

40. 504 Evaluation – Pg 2 of 5 Eligibility determination

41. 504 Evaluation – Pg 3 of 5 Committee’s decision

42. 504 Evaluation – Pg 4 of 5 Committee’s decision continued

43. 504 Evaluation – Pg 5 of 5 Notice of 504 Evaluation Results

44. Parental Consent for 504 Services

45. 504 Plan – Pg 1 of 2

46. 504 Plan – Pg 2 of 2 Listing of accommodations

47. Form 15 Dyslexia For initial Dyslexia referrals Pg 1 of 6 Committee list

48. Form 15 Dyslexia For initial Dyslexia referrals Pg 2 of 6 Procedural checklist, Dyslexia eval, and eligibility (pt. 1)

49. Form 15 Dyslexia For initial Dyslexia referrals Pg 3 of 6 Determination of eligibility 504 eligibility determination

50. Form 15 Dyslexia For initial Dyslexia referrals Pg 4 of 6 504 Eligibility continued

51. Form 15 Dyslexia For initial Dyslexia referrals Pg 5 of 6 Committee decision

52. Form 15 Dyslexia For Dyslexia annual eval and/or 3-yr. re-eval

53. Questions or Comments JW Fulton, 444-4500 x1024 jfulton@eisd.net jfulton@eisd.net Vacant, 444-4500 x1014