Background

ECEA (Exceptional Children’s Educational Act) is the State of Colorado’s interpretation of the Federal IDEA (Individuals with Disabilities Education Act).

1. Within ECEA, there is a loophole that many states have addressed, but Colorado has not. There is no established timeline between when a parent requests a special education evaluation for their child and when the LEA must respond with either a consent form for the parent to sign or a Prior Written Notice (PWN).

2. On Colorado’s IEP form, there are 13 areas of qualification. One of the areas, Specific Learning Disability (SLD) has 8 further categories of eligibility. Statistically speaking, more than 85% of those with an IEP for SLD are dyslexic, but in Colorado, we have no way of tracking the incidence of IEPs of dyslexic children.

We believe that the ECEA should be amended to:

1. Establish a defined timeline (i.e. 7-14 days) between a parent’s request for Evaluation for Special Education and the LEA providing the parent either a consent for special education evaluation for the parent to sign or Prior Written Notice (PWN) and the procedural safeguards.

2. Add a dropdown box on Colorado’s IEP form for: Dyslexia, Dysgraphia, and Dyscalculia. This would aid in tracking and support from the state in providing specific interventions and services for students with these disabilities.

Background

1. The Dyslexia Working Group released its first report in July 2020: https://www.cde.state.co.us/coloradoliteracy/year1dwgreport

The recommendation for dyslexia screening is on page 9 of the report:

“The DWG recommends that the READ Act be amended to require the five criteria for dyslexia screening tools to be a part of all READ Act approved interim assessments.”

“The DWG recommends the legislature require that dyslexia screening tools be used by all schools. The DWG will develop a flowchart to guide schools in situational models for appropriate administration of the dyslexia screening process, including dyslexia specific screening tools. The DWG also recommends the legislature provide a timeline for implementation after the 2021 legislative session with schools implementing a dyslexia screening process recommended by the DWG by the fall of 2021.”

2. If a school is not providing a Read Plan for a qualifying student or if a district is misspending Read Act dollars, the only option for CDE is to pull ALL Read Act funding from a district and/or lower their accreditation. There is no process by which a parent can report these findings and seek a solution other than the “nuclear” option.

3. In 2020, the Read Act was amended to ensure that all K – 3 teachers have completed evidence-based training in reading. There are currently no plans for ensuring that teachers who are responsible for 4th grade and up have this necessary training and that those evaluating K-3 teachers also have the training knowledge to evaluate their teachers. In 2019 there were approximately 43,000 4th-9th graders not on grade level on Read Plans. That number is expected to grow due to the learning loss from the COVID-19 Pandemic. https://www.cde.state.co.us/cdedepcom/readactreport

We believe that the Read Act should be amended to:

1. Require Dyslexia Screening as part of Read Act screening by the 2022-2023 school year

2. Establish a Grievance Process for parents if their school is not adhering to Read Act guidelines

3. Require the Evidence-Based Reading Training that the K-3 teachers are currently receiving for Elementary Administrators and 4th-12th grade teachers who teach reading.

Background:

Failing to Address our students early:

75% of students who do not read proficiently by third grade never reach reading proficiency in future grades.

54% decrease in likelihood that struggling readers in third grade will attend college, compared to their more proficient peers.

93 million adults in the nation today read at or below basic levels.

We need to act early and quickly:

Dyslexia is identifiable with 92% accuracy at ages 5 ½ to 6 ½ (National Institute of Health, 1992). Yet many students are not “found” until after 3rd grade.

For a student struggling to learn to read after 3rd grade, it takes 4x as long to catch them up than if intervention occurred by 1st grade.

90% of children with reading difficulties will achieve grade level in reading if they receive help by the first grade.

75% of children whose help is delayed to age nine or later continue to struggle throughout their school careers.

In the 14 years since the first 2008 Dyslexia bill passed, we are still not identifying or screening kids in CO for dyslexia, though 34 other states are and at least four more have dyslexia screening bills this year to do so. At the rate we are going, Colorado will be one of the last states to address screening for risk of reading struggles and dyslexia.

Research and real-world classroom evidence demonstrate that our students, including English Language Learners and economically disadvantaged, can learn to read proficiently by 3rd grade when provided with early evidence-based instruction and intervention.

We believe a bill is needed to:

Screen children early, beginning preschool thru 1st for risk in foundational reading areas, and intervene early, especially in the areas that are indicative of dyslexia but not at the exclusion of other areas of possible reading failure.

Additional Resources, etc.

IDA Universal Screening

2-22-22 Open Letter to CO Legislators

More information coming