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Watching your child struggle with reading while working just as hard—or harder—than classmates can be painful. It can be even more frustrating when you have raised concerns and still are not sure whether the school is providing the right support.
If your child has or may have dyslexia, you can advocate by requesting an evaluation, participating in educational decisions, asking specific questions about services and progress, and documenting the school’s response. At Swanson Law, PLLC, we help Texas parents understand these rights and advocate for their children.
Dyslexia is not simply a matter of needing to try harder. It can affect reading and other language-related skills and may create educational needs that require specialized instruction or other support.
The Individuals with Disabilities Education Act (IDEA) specifically includes dyslexia as an example of a condition that may fall within the specific learning disability category. However, dyslexia does not automatically qualify your child for an Individualized Education Program (IEP). Under IDEA, your child must meet the applicable disability criteria and, because of the disability, need special education and related services.
Texas also has specific dyslexia requirements. The Texas Education Agency’s dyslexia guidance requires districts and open-enrollment charter schools to follow the state Dyslexia Handbook for screening, individualized evaluation, and dyslexia instruction. Texas requires universal dyslexia screening for kindergarten students by the end of the school year and first-grade students by January 31.
Screening is an important early step, but it is not the same as an individualized evaluation. Its purpose is to identify students who may be at risk for dyslexia or other reading difficulties. If concerns remain, further evaluation may be necessary to determine your child’s needs and eligibility for services.
If you believe your child may have a disability and need special education, you can raise your concerns with the school and request an evaluation. You do not need to wait until your child fails a class before asking the school to consider whether an evaluation is appropriate.
Put your concerns in writing and keep a copy. Explain what you are seeing, such as persistent difficulties with reading, spelling, writing, or other academic skills, and include relevant information about your child’s performance.
Before conducting an initial IDEA evaluation, the school must provide the required notice and obtain your informed consent. Giving consent for an initial evaluation does not mean you are also consenting to the initial provision of special education and related services.
Keep report cards, assessment results, work samples, previous IEPs or 504 plans, outside evaluations, and communications with teachers or other school personnel. A timeline of requests, meetings, school responses, and changes in services can also help you track what has happened.
Documentation is not about assuming that a dispute will occur. It gives you concrete information to bring to meetings and helps you evaluate whether your concerns are being addressed.
You have an important role in decisions about your child’s special education. At an ARD meeting, focus not only on the dyslexia label but also on how your child’s disability affects learning and what the evaluation data says about your child’s needs.
Ask what skills were evaluated, what the results show, what instruction and services the school proposes, and how progress will be measured. If your child is already receiving support but continues to struggle, ask what the data shows about whether the current approach is working.
An IEP is the written educational program developed for a child who is eligible for special education. It addresses matters such as the child’s current performance, measurable annual goals, and the special education, related services, and other supports the child will receive.
Texas has specific requirements for dyslexia instruction. The Texas Education Agency states that when dyslexia is identified and a student is determined to need dyslexia instruction, that instruction is considered specially designed instruction and therefore a special education service.
If you have questions about the plan being proposed for your child, we can help you understand 504 and IEP options and how the applicable protections relate to your child’s circumstances.
IDEA is not the only federal law that protects students with disabilities. Section 504 of the Rehabilitation Act may also apply to your child.
Under Section 504, public school districts must provide a free appropriate public education, or FAPE, to qualified students with disabilities. This can include regular or special education and related aids and services designed to meet a student’s individual educational needs to the same extent as those of students without disabilities.
A student does not necessarily have to qualify for special education under IDEA to have protections under Section 504. Whether Section 504 applies depends on your child’s individual circumstances and whether the eligibility requirements are met.
Understanding the difference matters. The goal is not simply to obtain a particular label or plan. It is to determine what your child qualifies for and which services or supports are appropriate under the applicable law.
Not every disagreement with a school requires legal action. You may be able to address concerns by working directly with teachers, administrators, and special education personnel.
Legal guidance may become useful when you disagree with the school about an evaluation, eligibility, services, accommodations, or placement, or when you believe required procedures or agreed-upon services are not being followed.
At Swanson Law, PLLC, we can review your child’s educational records, help you understand evaluation results and proposed plans, prepare for meetings, and identify potential legal issues. Our special education practice includes matters involving IEPs, 504 plans, testing and evaluations, and ARD meetings.
You do not have to wait until communication with the school has broken down. Understanding your rights earlier can help you ask focused questions, organize relevant information, and make informed decisions about your child’s education.
Advocating for your child can become difficult when you are trying to understand evaluation results, school procedures, and legal requirements while also worrying about your child’s progress. When questions arise about whether your child is being properly evaluated or receiving appropriate educational support, we can help you understand what the law requires and what options may be available.
At Swanson Law, PLLC, we help parents address special education concerns involving evaluations, IEPs, 504 plans, ARD meetings, services, and accommodations. We can review your child’s educational records, explain the legal issues affecting your situation, help you prepare for meetings with the school, and advocate for your child when disagreements arise.
If you are in Katy, Cypress, Sugar Land, Richmond, or Houston and have concerns about how your child’s public school is addressing dyslexia, contact our former teacher-turned-attorney, Jennifer Lynn Swanson, to discuss your child’s educational needs and legal options.
Being the parent of a child with dyslexia can bring concern, frustration, and determination. You know your child's strengths, but you also see the extra effort required to keep up with reading, writing, assignments, and testing. When school support isn't meeting those needs, knowing what to ask for and when to push for additional action can be difficult.
A student’s IEP may be missing important support even when it already includes familiar services such as speech, occupational, or physical therapy.
If you disagree with your child's special education evaluation, you can request an Independent Educational Evaluation (IEE). Under the Individuals with Disabilities Education Act (IDEA), you generally have the right to ask the school district to pay for an independent evaluation, although the district may respond in specific ways permitted by law.
