Dyslexia and the Law
There are a number of laws that can help people with dyslexia and other learning disabilities get help in school and at work.
Federal Laws are written by Congress in Washington, DC, and then signed into law by the President of the United States. They define the right of all protected individuals in every state in the country.
State Laws cover the educational rights in each state and contain the same protection as federal law. State laws must include at least the same rights and protections as federal laws on the same topic. State laws can provide more, but not less.
Regulations describe in detail how the law must be put into effect.
Case Law: Once a law is in effect, disputes sometimes develop over what it means. Some of these disagreements end up in court. In such cases, a judge will decide how a law or regulation applies.
How does the law define dyslexia?
Both the Individuals with Disabilities Education Act and the Code of Federal Regulations for public education name dyslexia as one example of a specific learning disability. Both IDEA and Federal Code (300.7) currently define specific learning disability as “…a disorder one one of more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in imperfect ability to listen, think, write, read, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.”
Yes, dyslexia is included in Federal law. According to Peter Wright, noted special education attorney, AD/HD has come to replace “minimal brain dysfunction in the definition.
There are major federal laws which protect the rights of people with disabilities. The two that are more commonly quoted for persons with dyslexia and related disabilities are The Individual with Disabilities Education Act (IDEA) and The Rehabilitation Act of 1973 (Section 504).
IDEA provides the right to a free, appropriate public education which includes the right to special education and related services for children with disabilities from age three through 21, or high school graduation, whichever comes first. Dyslexic students receiving services through special education would come under this law. A parent or educator can refer a child for special education and related services. Once a child is referred, the school district must conduct evaluations to determine whether the child has a disability. Parent consent is required. From the time a referral is made districts have a “reasonable time” to evaluate and offer services to children identified as needing help.
The Rehabilitation Act of 1973 (Section 504) is a civil rights statute that protects all persons, including school age children, from discrimination on the basis of a disability by any entity receiving federal funds. It also provides protections for students with disabilities while attending most colleges and employees with disabilities in workplaces that receive federal funds. Section 504 is much broader. As a result, in some cases, elementary and secondary students with disabilities who are not eligible for services under IDEA may be able to obtain help under Section 504. College students can received accommodates under 504.