What justifies the need for tutoring vs resource room for dyslexic student?

[Betsy]

My 3rd grade son was recently diagnosed with dyslexia, dysgraphia and disorder of written expression by neuropsych through an IEE.

He attends a small, private school. The public district uses Wilson Fundations for Tier 1 intervention, with review of the Fundations material coming through the resource room.  Neither teacher is Wilson certified. I've been told that the CSE isn't allowed to name a specific intervention program (OG, Wilson, Barton, etc).  

I'd like him to receive tutoring at his private school. Is that justified? What would I need to demonstrate in order to support such a request?  

[Carolyn Rowlett]

I don't know all the facts, but it sounds like you still have a few hoops to jump through before asking for tutoring at the private school.  First, you have to get a "designation" (IDEA language) from the school district that your son is to receive special education services.   Toward that end, request a meeting to discuss the results of the IEE and for a designation that you son needs special education services.  (I'm unclear as to how the IEE came about - whether due to refusal of the school district to perform an evaluation or your disagreement with the school district's evaluation.  If the former, they may now agree to do an evaluation.)  The meeting should include both representatives from the school district, as well as a representative(s) from your private school.   Once the designation is (hopefully) made, a "services plan" (IDEA language) will be developed in consultation with you, the school district, and the private school.

 A "services plan" has similar requirements to an IEP.  But you will also encounter similar push-back from the school district.  Although there is nothing in the IDEA that disallows it, it is very hard to get a school district to put specific methodology in IEP's/service plans.  Some even have written policies against it.  The best I've been able to get into IEP documents is language at the beginning of each goal for a specific learning disability stating "after receiving instruction in an evidence-based, multi-structured literacy program..."  It's also very hard to get school districts to certify their teachers in any specific program, such as Wilson.  The best you can do is wait and see (even though I know we all hate that clause) if your son does not make progress.  Then you have an argument that something needes to change - the instruction and/or the teacher training.

As far as getting tutoring at the private school, you are probably going to have to let the school district try it their way and fail before you can make this ask.

[Betsy]

On 2/6/2023 at 1:05 PM, Carolyn Rowlett said:

I don't know all the facts, but it sounds like you still have a few hoops to jump through before asking for tutoring at the private school.  First, you have to get a "designation" (IDEA language) from the school district that your son is to receive special education services.   Toward that end, request a meeting to discuss the results of the IEE and for a designation that you son needs special education services.  (I'm unclear as to how the IEE came about - whether due to refusal of the school district to perform an evaluation or your disagreement with the school district's evaluation.  If the former, they may now agree to do an evaluation.)  The meeting should include both representatives from the school district, as well as a representative(s) from your private school.   Once the designation is (hopefully) made, a "services plan" (IDEA language) will be developed in consultation with you, the school district, and the private school.

 A "services plan" has similar requirements to an IEP.  But you will also encounter similar push-back from the school district.  Although there is nothing in the IDEA that disallows it, it is very hard to get a school district to put specific methodology in IEP's/service plans.  Some even have written policies against it.  The best I've been able to get into IEP documents is language at the beginning of each goal for a specific learning disability stating "after receiving instruction in an evidence-based, multi-structured literacy program..."  It's also very hard to get school districts to certify their teachers in any specific program, such as Wilson.  The best you can do is wait and see (even though I know we all hate that clause) if your son does not make progress.  Then you have an argument that something needes to change - the instruction and/or the teacher training.

As far as getting tutoring at the private school, you are probably going to have to let the school district try it their way and fail before you can make this ask.

Thank you for your reply, Carolyn. We got to the IEE because I disagreed with the school's evaluation from 4/2022 which only identified anxiety as qualifying him for a 504b which was created by our private school. I appreciate the specific wording for the goals...How long do you think that you have to "let the district try it their way"? 3 months? a year? It's sad given the amount of research into what helps to remediate dyslexia that we have to go the "wait and see route".

[Carolyn Rowlett]

Let me clarify.  Having to "wait and see" applies to the methodology they decide to use.  It does NOT mean that you can't demand methodology that is evidence-based, multisensory structured literacy.  You are correct that they should only use something that evidence shows helps remediate dyslexia.  But once they choose such a methodology, they are allowed a certain amount of time (I would say within a quarter/grade card period) to show progress.  If they don't, then you can ask for additional teacher training and/or a different methodology.  I agree that teacher training on the specific methodology  should be done prior to teaching the student and there is a lot of language out there requiring  methodology to be "applied with fidelity," but from a practical standpoint that is difficult to insist on until the child doesn't make progress.  If it went to due process, most hearing officers would allow the school (and child) to "fail" first before insisting on the type of training recommended by most programs.  What that means for getting tutoring at your private school is that the public school will get to try (and try again) before they'll ever agree to that.  But keep on top of the progress and be a squeaky wheel - that works, too, and you never know what you might get!

[Betsy]

Thank you, Carolyn. Knowing that a quarter/grade period is a sufficient window in which to mark progress is helpful.

Interestingly, now their objection (shared with another family with a dyslexic student) is that our school doesn't provide sufficient instruction, so they will not qualify him. I found this document https://www.p12.nysed.gov/specialed/RTI/guidance-oct10.pdf which states that they can't deny eval OR SERVICES to private schools who don't use RTI/MTSS and states that they should look at other documents/information as listed in the NYSED law 216 to determine if instruction was sufficient. Our neuropsych report (paid for by them in an IEE) clearly states the need to classify, but they may not even get to his disability if they dismiss our students as not having been properly instructed.  Ugg. 

[Carolyn Rowlett]

I would definitely fight the "doesn't provide sufficient instruction" argument.  I'm sure if you reached out to your school they could provide you with some type of certification, comparable learning results with that of public schools, etc.  And I would ask the school what kind of proof they have that the instruction is NOT sufficient and on what they base this determination.