Wrightslaw
To answer this question we turned to Wrightsaw, the leading authority on special education law and advocacy, founded by Peter and Pamela Wright. The following response is adapted from the Wrightslaw website, a free resource for information about education law and your child’s rights.
Yes, your child can receive reading instruction from a person who is not a special ed teacher. The IDEA and federal special ed regulations do not require that special ed teachers provide special education and related services in IEPs.
Your child’s IEP is supposed to include all special education services, related services, and supplementary aids and services that your child needs and that the school will provide.
What You Can Do
Given your child’s age, you’re at a critical juncture. At the end of third grade, the focus of education changes. Children are expected to learn other subjects by reading. If a child isn’t a proficient reader when they enter 4th grade, they won’t be able to keep up. That’s why it’s important to take steps now to address your child’s reading deficits.
- First, write a short note or email to the teacher describing your child’s situation, what you requested, and what you were told. Ask if your understanding of the school’s position is correct.
- Second, request a copy of the school district’s policy about how special education services are provided. Does the policy say special educators are the only staff who can provide special education services? (It would be surprising if they had a policy on this issue.)
- Third, if you do not receive a response to your correspondence, write a follow-up note to request the policy, and at this point send copies to the principal and the special ed director. At the top of this email or letter, type “SECOND REQUEST” and attach a copy of your first request.
- Finally, request a meeting to develop an IEP that provides the intensive reading instruction your child needs. Be polite. You want the team to realize that “help” from a special ed teacher was not sufficient. Your child has fallen further behind and needs intensive reading instruction from a highly-trained reading specialist. You need their help to correct the problem.
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