Section 504
How is a student identified for Section 504? What is meant by the phrase "substantial limitation"?
An impairment as used in Section 504 may include any disability, long-term illness, or various disorder that “substantially” reduces or lessens a student’s ability to access learning in the educational setting because of a learning-, behavior- or health-related condition. Generally, it means that the disability materially and significantly impacts the student's overall educational performance and experience in an adverse manner. In other words, it means the student is experiencing serious difficulty meeting minimum academic requirements, behavioral expectations, or a combination of both. It does not mean that the student is not working up to
his/her potential or earning the best grades he/she can earn.
If a school employee suspects that a student has an impairment that significantly impacts a major life activity, the school is legally obligated to begin the process of gathering data. The collection of data should be conducted within a reasonable amount of time and should not be delayed. The parent will then be contacted for written consent to conduct a Section 504 evaluation.
If a parent suspects that their child has an impairment that significantly impacts their ability to access their education, they may contact the campus 504 Coordinator to request a 504 evaluation. The school will in turn begin gathering multiple sources of data to review and use for the evaluation. A district is legally required to review multiple sources of data to determine eligibility and a medical diagnosis alone is insufficient to determine eligibility.
If the student is found eligible, the Section 504 committee will create a 504 Plan to delineate appropriate services which may include instructional accommodations and/or testing accommodations.
Can a student be disabled but not qualify under Section 504?
Yes. Since the law states that the student's impairment must substantially limit a major life activity, if a student's impairment is determined not to substantially limit a major life activity, a 504 committee may determine that a student is not eligible for Section 504.
Dyslexia
How is a student identified for Dyslexia or Related Disorder Services?
Students enrolled in Texas public schools shall be assessed for dyslexia and related disorders at appropriate times (TEC §38.003 (a)). The appropriate time depends on multiple factors including the student's reading performance; reading difficulties; poor response to supplemental, scientifically based reading instruction; teacher's input; and input from the parents/guardians.
Schools shall recommend assessment for dyslexia if the student demonstrates the following:
- Poor performance in one or more areas of reading and spelling that is unexpected for the student's age/grade
- Characteristics and risk factors of dyslexia
Schools shall recommend assessment for dysgraphia if the student demonstrates two or more of the following:
- Poor performance in handwriting (after being provided instruction and intervention).
- Deficits in spelling unexpected for the student's age/grade
- Poor performance with written expression (after being provided instruction).
As of September 4, 2021, the state of Texas has moved to a single-pathway for all dyslexia and dysgraphia evaluations. Students being referred for a dyslexia or dysgraphia evaluation will be evaluated under IDEA/Special Education. If a school employee and/or a parent suspect a student may be dyslexic and/or dysgraphic, the school is legally obligated to begin the process of gathering supporting data. The collection of data should be conducted within a reasonable amount of time and should not be delayed. The school will then seek parental consent for a Full Individual Initial Evaluation (FIIE) under IDEA. The process of seeking informed parental consent for a FIIE must include proper written notice and be accompanied by the notice of procedural protections and rights afforded to them and their child under IDEA. The campus must obtain written consent to conduct a dyslexia evaluation under IDEA/Special Education. where students are provided a Full Initial Individual Evaluation (FIIE.) Using a single pathway for identification of dyslexia and related disorders ensures LEA's fulfill their child find obligations under IDEA.
Trained Educational Diagnosticians or Licensed Specialists in School Psychology (LSSP) administer a battery of assessments. Data from these assessments is analyzed to determine whether the student demonstrates characteristics of dyslexia. The data is presented in a Full and Individual Initial Evaluation (FIIE) report.
Once the evaluation is complete, the ARD committee will review the data to determine whether the student meets eligibility as a student with dyslexia. If the student is found eligible, the ARD committee will create an Individual Education Plan (IEP) to delineate appropriate services which may include dyslexia intervention classes, instructional accommodations and/or testing accommodations.