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MINNESOTA DOES DYSLEXIA

Laura Tubbs Booth

Ratwik, Roszak & Maloney 2022

This Photo by Unknown Author is licensed under CC BY-SA-NC

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OUR AGENDA TODAY

What does MN do with Dyslexia and Why?
MLK v. Minnetonka
What did we learn from this case?

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YOUR QUESTIONS? ��

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FAPE – A FREE APPROPRIATE PUBLIC EDUCATION

IEP developed via due process procedures in IDEA
IEP reasonably calculated to provide benefit in light of the student’s circumstances

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DYSLEXIA IN MINNESOTA

MN Rule 3525.1341 SPECIFIC LEARNING DISABILITY.
§Subpart 1. Definition.
"Specific learning disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

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WHAT IS DYSLEXIA?

Dyslexia is a subtype of a specific learning disability (Mn. R. 3525.1341; DSM5 315.00)
There is no universally accepted definition but dyslexia is an alternative term used to refer to a pattern of learning difficulties characterized by problems with word recognition, decoding and spelling.(Dyslexia Assc.)
Dyslexia refers to children who have difficulty in mastering the relationships between the spelling patterns of words and their pronunciations.

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MINNESOTA’S OBLIGATION TO SCREEN READERS

In July 2020, Minnesota schools became responsible to scree identified struggling readers for the characteristics of dyslexia.

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MINNESOTA DEPARTMENT OF EDUCATION

Advises schools to use data collected via a screening process to identify difficulty with;

Letter naming fluency

Phonemic awareness

Word reading fluency

Oral reading fluency

(MDE, Dyslexia Discussions: Information for Schools and Families )

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STRUGGLING READERS & CHILD FIND

Two instructional strategies using a system of scientific, research-based instruction in the regular classroom are required before referral.
Those that don’t respond or respond minimally should be referred for special education evaluation. (U.S. Dep’t of Educ., OSERS, Dear Colleague: Dyslexia Guidance 2 (Oct. 23, 2015)).

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MDE GUIDANCE

Minnesota Rule defines an SLD to include dyslexia

MDE does not recommend that educators diagnose dyslexia but identify the characteristics

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MDE’S GUIDANCE CONTINUED

MDE explained that school staff should feel comfortable using the terms utilized in Minnesota Statutes: “struggling reader” and “characteristics of dyslexia.” School officials, however, “should not tell a family that a student ‘has dyslexia’ as this implies a diagnosis” and should “not argue or debate the label of dyslexia with families” as “[s]chools do not make a diagnosis of dyslexia” and “[e]ducators are not qualified to diagnose dyslexia.”
Schulting & Weinberg, Dyslexia Screening.
MDE, Dyslexia Discussions: Information for Schools and Families 2-3 (last visited Aug. 21, 2021).

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SO…

Districts screen for it
Intervene when it is present
Consider outside diagnoses of it
Program for it
Advise parents of all of the above

Minnesota Does Do Dyslexia – Circle the Correct Answer or Answers

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QUESTIONS THOUGHTS CONCERNS?

BEFORE WE MOVE ON….

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MINNETONKA PUB. SCH. V. M.L.K.

Student with dyslexia, ADHD, Autism

1:3 reading
1 hour per day, 4 days per week
Research based methodology

District providing:

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M.L.K. CONTINUED

Admin. Law Judge ordered:

Wilson Reading
2 hours daily
Until student completed Step 12 including M-F during the summer

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FEDERAL DISTRICT COURT AFFIRMED THE ALJ

Finding that “the District failed to identify the student’s two more serious disabilities, ADHD and dyslexia”, the Federal Court affirmed the ALJ’s decision

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WHAT IS THE LAW WITH REGARD TO DIAGNOSIS OR IDENTIFICATION

Is a particular diagnosis required?
A particular identification of one of the 8 eligibility categories?
A particular label?

This Photo by Unknown Author is licensed under CC BY-ND

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AMICI

The School District appealed that decision. Amicus briefs were submitted by:

MASE
MASA
MSBA

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This Photo by Unknown Author is licensed under CC BY-SA

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MLK V. MINNETONKA – 8^TH CIRCUIT

The 8^th circuit reversed and held:

The District identified student need even though it did not “label” those needs
District reviewed progress/ updated goals & objectives
Measurable goals/ consistently increasing special education services

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WHAT DID WE LEARN?

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1. CHILD FIND

Child Find is:
On-going obligation

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2. SCREENING

SCREENING WITH A UNIVERSAL TOOL HELPS IDENTIFY SPECIFIC LEARNING DISAIBLITIES

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3. EVALUATION

Evaluation fine tunes from the screening level to deeper dive

Looking at the 5 elements of reading
Using a protocol like the CTOPP to pin point phonemic awareness

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4. INTERVENTIONS

Interventions must be research based
Data based
Consider what your district has specifically for dyslexic learners

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5. CONSIDERING OUTSIDE EVALUATIONS

An outside diagnosis of dyslexia is a red-flag for child find obligations
It is one data point
It should be reviewed and mentioned in the evaluation

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6. LANGUAGE IS IMPORTANT

While not encouraged to diagnose it or tell parents the child has it, they need to have foundational knowledge of the elements of reading and what characteristics of dyslexia are

Staff should not be afraid of the word “dyslexia”

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7. PARENT TRAINING AND INFORMATION

Parents may require information about what dyslexia is and how schools address it

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8. CASES ARE FACT SPECIFIC