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Definitions and Law
Definitions and Law

Dyslexia

A student with dyslexia is defined as a student with a disorder of constitutional origin manifested by a difficulty in learning to read, write, or spell, despite conventional instruction, adequate intelligence, and sociocultural opportunity. “Related disorders” include developmental auditory imperception, dysphasia, specific developmental dyslexia, developmental dysgraphia, and developmental spelling disability.

Texas Education Code (TEC) §38.003 states the following:

  • The determination of whether an emergent bilingual student is eligible for dyslexia services is made by the student's Section 504 Committee or Admission, Review, and Dismissal (ARD) committee in conjunction with the Language Proficiency Assessment Committee (LPAC).
  • If an emergent bilingual student is suspected of having one or more disabilities, the LEA must evaluate the student promptly to determine whether the emergent bilingual student does indeed have a disability or disabilities and whether the emergent bilingual student needs disability-related services under the Individuals with Disabilities Education Act (IDEA) or regular or special education and related aids and services under Section 504.
  • The RTI process is not required for identification. The student may be receiving tiered interventions while being identified with dyslexia. The use of interventions must not delay the process for identification of dyslexia or related disorders.

Role of the Committees

Committee Collaboration

Instructional decisions for an emergent bilingual student with dyslexia must be made by a committee (Section 504/LPAC or ARD/LPAC) whose members are knowledgeable about the instructional components and approaches for students with dyslexia (The Dyslexia Handbook 2021).

  1. The Section 504 and ARD Committees must include an LPAC member.
  2. Committee members should have knowledge in the reading process; dyslexia and related disorders; dyslexia instruction; and district or charter school, state, and federal guidelines for evaluation (The Dyslexia Handbook 2021, 65).

To determine the language of instruction for dyslexia services for an emergent bilingual student, the committee of knowledgeable persons (Section 504/LPAC or ARD/LPAC) should consider the following two issues, according to The Dyslexia Handbook (2021, 26):

  1. What language allows the student to adequately access the dyslexia services?
  2. What is the student's current language of classroom instruction?

MTSS Connection

Because there is a connection between oral language development, reading, and writing, students with oral language development deficiencies are at risk for reading and writing disorders or delays (Nation et al. 2010). Using a robust system of response to intervention (RTI) is imperative. The collection of data is critical prior to moving forward with a dyslexia evaluation.


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