By Heather M. Hulse, J.D., M.S., M.A.

Many school districts and charter schools misunderstand Dyslexia or the possibility of Dyslexia, and how it relates to the Individuals with Disabilities Education Act (“IDEA”). Parents of students who are demonstrating signs of possible Dyslexia are frequently advised by their child’s school that it does not test for Dyslexia. While the IDEA does not specifically provide that school districts and charter schools are obligated to assess whether a student has Dyslexia, it does require school districts and charter schools to determine whether a child who is demonstrating academic struggles is a child with a Specific Learning Disability. A Specific Learning Disability, such as in reading, could include Dyslexia.

It is important to understand the characteristics of Dyslexia, as Dyslexia is often overlooked by educators. Many people believe that Dyslexia involves the reversal of letters and/or numbers. While that may be true, it is not always evident in students with Dyslexia or the sole indicator of a potential concern. Dyslexia impacts the ability to phonemically sound out letters and words. Students with Dyslexia will often use their memory of the sounds they have learned and make an educated “guess” about a word. For example, a student may guess “sick” for “sink” or “went” for “west.” 

Students will often use context cues in a sentence to demonstrate comprehension of the text. This will often cause educators to believe, and suggest, that there are no concerns with a student’s reading. This is particularly true for elementary students who have effectively memorized sight words that are used frequently. However, Dyslexia does not simply go away. As students progress into higher grades and reading becomes more challenging and the coursework and materials include less frequently-used words, it becomes readily apparent that there is problem with the student’s ability to sound out or decode words. Of course, if parents and educators are aware of the early signs of Dyslexia and the student’s pseudoword decoding or word attack skills are specifically assessed, the student can be identified with a Specific Learning Disability pursuant to the IDEA and early intervention can occur, which is imperative.

It is important for parents and educators to be aware of the specific areas of academic achievement that need to be assessed in order to determine whether the student is demonstrating characteristics of Dyslexia, which can then be identified as a Specific Learning Disability pursuant to the IDEA. These specific areas include: 1) pseudoword decoding or word attack, which involves decoding nonsense words to alleviate the possibility the student has memorized the word; 2) spelling, which innately involves the ability to sound out letters and words; and 3) letter and word recognition, which is particularly relevant for younger students and measures the ability to identify letters and words. It is not uncommon for school districts and charter schools to undertake evaluations for special education, but neglect to assess these specific areas. A student with Dyslexia may perform quite well on assessments of other areas of academics, including other areas of reading, such as reading comprehension.

If you feel that your child is demonstrating characteristics of Dyslexia and your child’s school district or charter school are advising they do not test for Dyslexia, are refusing to test, or you believe the assessments they have completed are not appropriate to assess for Dyslexia, we are here to help. Please feel free to contact us and please keep in mind that we are frequently able to provide our services at no cost to you.

---

McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.

Main Office: 30 Cassatt Avenue, Berwyn, PA 19312

www.McAndrewsLaw.com
610-648-9300

McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312

By Caitlin McAndrews, Esq.

By this point, most school districts in Pennsylvania and Delaware have sent some form of written notice to parents of children with IEPs, advising what educational services to expect while schools are closed during the pandemic. Some districts have sent letters, some have sent Notices of Recommended Educational Placement (NOREPs) or Prior Written Notices (PWNs). (NOREPs and PWNs are different names for the same type of document.)

The content of these documents varies significantly. Some districts provided information about specific services that individual students could expect to receive remotely; others sent the same document to all families and advised only that schools were closed and services would change.

We have had many parents contact us to inquire about the meaning of these documents and how to respond. Consider the following questions in reviewing your child’s pandemic notice:

• If your child normally receives specialized instruction with a special education teacher, do you know if your child will still have contact with that teacher? When and how often? Will the teacher deliver online classes and/or distribute work?
• If your child normally receives specialized instruction within the general education environment, will he or she participate in the same online classes or receive the same work packets as general education students? Who should you and your child contact with questions about instruction and work?
• If your child normally receives specialized academic instruction, do you know how your child will access instruction in those areas? Is your child expected to sign online for scheduled classes or complete assigned work?
• If your child normally receives speech/language, occupational, or physical therapy, will he or she have teletherapy sessions with a pathologist over the computer? If so, when and how often? If not, can you speak to the therapist for tips to support your child at home and help prevent or reduce regression?
• If your child uses a specialized curriculum, do you have access to materials?
• If your child normally receives social skills instruction, do you know how that instruction will continue to be delivered, if at all?
• If your child receives counseling or psychological services, will he or she continue to receive services through a teletherapy model? If so, when and how often?

If you do not know the answers to any of these questions, or if reading these questions sparks others, reach out to your case manager or special education coordinator. The U.S. Department of Education has encouraged parents and schools to be flexible and collaborative, so approach communication as productively as possible. Be polite but firm in your request for information about services for your child. If you do not get clear information, follow up. You should have sufficient information to understand the services that your child, as an individual, will receive.

This is a trying time for everyone, and it can be especially difficult for children with disabilities. Carefully reviewing your school district’s plan for providing services, and working together to obtain clarification and structure now can help minimize regression and educational struggles in the long run.

---

McAndrews Law Offices
We are a nationally recognized firm that provides families of Pennsylvania, Delaware, Maryland, Metropolitan Washington, D.C. Area, and New Jersey with exceptional legal representation in Special Education, Estate Planning, Abuse of Vulnerable Citizens, and the representation of individuals involved in higher education allegations of misconduct.

Main Office: 30 Cassatt Avenue, Berwyn, PA 19312

www.McAndrewsLaw.com
610-648-9300

McAndrews Law Offices | 30 Cassatt Avenue, Berwyn, PA 19312

The Goals section of the IEP charts where the team anticipates the student should be on their educational journey in one year’s time.  Each IEP goal states a desired measurable achievement for the student to accomplish within the upcoming calendar year with the assistance of the educational team.

When you are reviewing your child’s individual goals, consider whether it meets the following “SMART” criteria:

Is the goal Specific? The goal should be written in a way that clearly informs the reader what the student will do (desired outcome), where they will do it (setting/context), when they will do it (date), how they will do it (supports), and how we will know they are doing it (method of progress monitoring).  A common “formula” for writing a goal is:

By [DATE]. Student will [DESIRED OUTCOME] in [SETTING/CONTEXT] with [SUPPORTS] as measured by [METHOD OF PROGRESS MONITORING] increasing/decreasing from a baseline of [PRESENT LEVEL OF ACHIEVEMENT].

Is the goal Measurable? An observer should be able to validly and reliably “measure” the student’s progress toward the desired outcome. To start, the goal needs to show the child’s starting point or “baseline” with respect to each desired outcome reflected by their present level of academic and functional achievement. Then, using objective criteria, an observer must record data that can be used to quantify the student’s rate of improvement. Examples of methodology for measuring progress include curriculum-based assessments, rating scales, rubrics, or structured observation.

Is the goal Appropriately Ambitious? The Supreme Court of the United States ruled in Endrew F.: “goals may differ, but every child should have the chance to meet challenging objectives.” Accordingly, the desired outcome of IEP goals must be “appropriately ambitious” in light of the child’s circumstances. Goals should not aim so low that the student is essentially “sitting idly” waiting to either drop out or age out of the public education system. If a student does not achieve or make progress toward their annual goals, the appropriate response is to increase and/or modify the supports and instruction that the student receives; not to set a lower bar.

Is the goal Relevant: The desired outcome of the annual goal should advance the student on their journey to meet their long-term goal of post-secondary success.  The IDEA establishes two intended purposes for IEP goals: (1) to meet the child’s needs that result from their disability to enable them to be involved in and make progress in the general education curriculum; and (2) to meet each of the child’s other educational needs that result from the child’s disability. Generally, if there is an identified area of need, there should be a corresponding academic or functional goal.

Is the goal Time-Bound – Typically, IEP goals are written to be accomplished within one calendar year. Progress, however, should be monitored and reported much more frequently. For students with disabilities who take alternative assessments (e.g. PASA), goals also must include short-term objectives or benchmarks for the student to achieve leading up to the final IEP goal.

When reviewing your child’s “Goals” section of the IEP, ask yourself these questions:

• Do you understand what the desired outcome is?
• Do you understand the specific supports in place that will help your child achieve the desired outcome?
• How will your child’s progress toward the goal be measured?
• Is the child’s baseline (i.e. present level of achievement) of the goal specified?
• Is the goal ambitious yet attainable?
• Do you think it’s important that your child develops this skill?
• Have the goals changed from the prior IEP? If not, what has changed in this IEP to support your child to achieve the goal this year?
• Is there a goal for each of the identified areas of development?
• Is there a goal for each related service that is being provided?
• If your child is over 14, are goals for post-secondary education, employment, and independent living included?

By Jennifer Grobe, Esq.

(For a full copy of this article, click here)