Dyslexia: usually an IEP, and the reading data that says so
Dyslexia usually fits an IEP, because a child who cannot yet decode or spell needs reading taught in a different way, and an IEP is where that instruction and its goals get written down. A 504 plan fits when the reading is already at grade level and recorded texts, extra time and spelling left out of the grade keep your child there without new lessons. You can read the answer off the records today: open the last evaluation and the report card and look for whether your child needs to be taught a skill or needs a barrier moved.
What decides it
IDEA“a child evaluated … as having [one of the thirteen disabilities the rule lists] … and who, by reason thereof, needs special education and related services”
34 CFR 300.8(a)(1)
Section 504“any person who (i) has a physical or mental impairment which substantially limits one or more major life activities”
34 CFR 104.3(j)(1)
For dyslexia the split turns on whether your child still needs sounding out and spelling taught step by step, or already reads well enough that the text only needs to reach them another way.
What each plan gives your child
| An IEP | A 504 plan | |
|---|---|---|
| Who decides | You and a team that includes your child’s regular teacher and someone qualified to test reading decide, from data on decoding, fluency, comprehension and spelling.34 CFR 300.308; 34 CFR 300.309(a)(1) | The people who know your child and can read the test results choose, drawing on the school’s reading measures, teacher input and any outside dyslexia report.34 CFR 104.35(c) |
| What it can contain | Yearly goals in decoding, fluency, spelling or comprehension, and the reading instruction, built on research where it exists, that is meant to reach those goals.34 CFR 300.320(a)(2)(i); 34 CFR 300.320(a)(4) | Regular classes with the aids that let a weak reader get the content: recorded texts, text-to-speech, extra time, and grading that does not count spelling.34 CFR 104.33(b)(1) |
| What protections attach | Prior written notice with reasons if the school will not evaluate, and the right to an independent evaluation that the school pays for unless it defends its testing at a hearing.34 CFR 300.503; 34 CFR 300.502(b) | Notice of the decision, a chance to examine the reading records, a hearing you can attend with counsel, and periodic reevaluation while the plan runs.34 CFR 104.36; 34 CFR 104.35(d) |
Which way the record points
Three signs it should be an IEP
- Benchmark scores show decoding or oral reading fluency below grade level even though the classroom reading program was delivered as written.
- The intervention log shows the small-group reading block happened as scheduled and the gap between your child and the class still widened.
- A private evaluation names a phonological processing weakness, and the school’s response so far has been extra time rather than any reading lesson.
Two signs a 504 plan is right
- Oral reading and comprehension scores sit at grade level, and the only things the teacher asks for are recorded books and longer test sessions.
- Spelling is the one weak area in the file, and the writing samples read fine once spellcheck or a scribe is allowed.
What to ask for in writing
Email it to the principal and the special education office, and write down the day you sent it.
Please evaluate [child’s name] for a specific learning disability in reading, testing decoding, fluency, spelling and phonological processing, and, should the team find special education unnecessary, use those results to consider a Section 504 plan.
A refusal to evaluate under IDEA owes you written notice with its reasons (34 CFR 300.503); under Section 504 the school has to give you notice, the records and an impartial hearing (34 CFR 104.36).
This page compares two plans; it does not replace an evaluation of your child, the team’s decision, or advice from someone qualified to read your file.
If your child already has an IEP, have it read back to you, free.
The review reads every IEP page you upload, names the goals and services whose wording is vague or missing, and gives you the page number.
Review my IEP — freeFree, no card. It reads your pages and contacts no one.
Where this comes from
- Finding a specific learning disability (34 CFR 300.309)The reading areas the team weighs.
- Section 504 appropriate education (34 CFR 104.33)The aids a 504 plan holds.
- OSERS letter on dyslexia in IEPs (2015)Dyslexia may be named in the IEP.
- Child with a disability (34 CFR 300.8)The IDEA test, quoted above.
- Section 504 definitions (34 CFR 104.3)The 504 test, quoted above.
When the signs point to an IEP, the letter that asks for the evaluation is here.