The Dark Underbelly of Your American School District part 5: the Failure of Child Find
One in five kids have dyslexia. That’s 20% of school children. Across the country only 13–15% of school children get special education. Hmmm. Something’s not adding up right. That 13–15% of students includes kids with dyslexia, and also students with dysgraphia, dyscalculia, ADHD, autism spectrum, sensory processing, auditory processing disorder, and visual processing disorders. The average classroom has closer to 30% neuro-atypical learners. Remember, for learning disorders we’re talking normal IQ or higher. That’s part of the definition of a learning disorder. So, we are failing to find 15–20% of kids who need intervention to learn.
We are failing to “Child Find.”
The IDEA (Individuals with Disabilities Education Act) and Child Find Federal law 300.111 states:
“ All children with disabilities residing in (a) State, including children with disabilities who are homeless children or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated” The obligation to find falls on the school districts.
Unfortunately, how states and schools must “find” kids with disabilities is left very vague by the federal law. As a result districts will do things like provide “information outreach to the community.” Or say that they “find” kids by accepting referrals for kids that others have concerns about. 40 states do at least conduct dyslexia screening in early grades, but it’s not nationwide.
Dyslexia screening law in CA finally passed in July 2023. It was initially resisted by The California Teachers Association which noted in a memo in 2021 that “[the legislation] is unnecessary, leads to over-identifying dyslexia in young students, mandates more testing, and jeopardizes the limited instructional time for students.”* That’s the teacher’s union fighting dyslexia screening!
Do we have dysgraphia screening in schools? No. Do we have dyscalculia screening? Autism screening? No. Visual, auditory, or sensory processing screening? No. ADHD screening? No.
In California we do have mandated vision, hearing, and scoliosis screening.
And…the law allows that the school can insist on providing classroom interventions for a child of concern beforeevaluating them for learning disorders.
There are problems with Child Find across this country so, I’ll give you a scenario from the New England area. Ms. C. (It’s always the mom who does this work.) recognizes that her child is struggling with early reading in kindergarten. Dyslexia can be picked up before a child learns to read, and an early psychoeducational evaluation can allow emergent intervention that keeps a child on track. However, Ms. C. is told the school will provide reading assistance in class before considering doing an evaluation. This goes on for 3 years. Each year the child falls farther and farther behind. Each year this child becomes more anxious, depressed, and resistant to school.
Despite an eventual dyslexia diagnosis for this student, the school continued to claim they could teach them how to read when in fact they had no one on staff who was trained in the techniques for teaching to a dyslexic child. No one from the school told Ms. C. that they had no dyslexia trained staff. She had to figure that out for herself.
This withholding of evaluations, services, and information from parents creates a pervasive gaslighting of families. At some point families realize that the school district is really not on the side of ensuring the education of their child. Then they have a choice. They can attempt to force the school district to provide the evaluations and services by taking the district to court. Or they can spend a great deal of money getting what they need from outside services.
Unfortunately, the burden of proof that the school failed to “Child Find” or provide a “Free and Appropriate Education” falls on the parents. School districts know the game and hire experienced lawyers. The goal in general is to not cost the school district money. Lip service is paid to educating our children, but the real goal is to save the district money. Families rarely win this battle even when hiring their own skilled attorneys.
Between 2008 and 2019, there were 1,008 special education due process disputes heard by California’s Office of Administrative Hearings. In 53% of those cases, the school district prevailed. In 32% of the cases, the decision was split between the district and the family. In only 14% were the cases found fully in favor of the family.* Yet, we are Failing to Find 15–20% of students with learning differences. Hmmm.
Next week: the fallacy of legal protections for students and families
I’m working on a book and seeking families, teachers, and school professionals with stories to tell. If you’ve been through this struggle, I’d love to hear from you. Everything will, of course, be confidential. You can reach me at: 241kcawley@gmail.com
*California Joins 40 States in Mandating Dyslexia Screening, Elizabeth Heubeck, Education Week, July 12, 2023
**Special Education Law Advocacy Resources, Hearing and Appeal Decisions, Statistics and More for Parents, from Adams and Associates a Professional Law Corporation.
