Dyslexia Screening in Virginia Schools: What the Law Requires

Virginia passed dedicated dyslexia screening legislation that creates specific obligations for schools — but what those obligations actually require, and how to use them to get your child evaluated and supported, is something most parents have to piece together on their own. This post covers what Virginia law requires, what you can do when the school's screening process falls short, and how to move from a screening result to actual services.

Virginia's Dyslexia Screening Law

Virginia Code §22.1-214 and related VDOE guidance require that school divisions screen students in kindergarten through third grade for characteristics of dyslexia. The screening is designed to identify early — before a student falls significantly behind — children who show the phonological processing difficulties that are characteristic of dyslexia.

The screening must be conducted using an approved universal screening tool that assesses phonological awareness, phonological memory, and rapid naming. VDOE maintains a list of approved tools. Schools are required to notify parents of the results of dyslexia screenings.

This law is meaningful because it shifts the identification window earlier. Prior to the law, many Virginia students with dyslexia weren't identified until 3rd or 4th grade, at which point they had already experienced years of cumulative reading failure. Early screening is intended to intercept that trajectory.

What the Screening Does — and Doesn't — Do

A positive screening result is not a diagnosis and does not automatically trigger IEP eligibility. It is an indicator that a child shows characteristics that warrant further attention. Here's what typically follows a positive or borderline screening result:

Tier 2 intervention. Most Virginia schools operate a Multi-Tiered System of Supports (MTSS) or Response to Intervention (RtI) framework. A child who screens positively for dyslexia characteristics will typically be moved into Tier 2 instruction — small group, more intensive phonics instruction — to see whether targeted support addresses the gap.

Progress monitoring. The school should be tracking how the child responds to Tier 2 instruction over a defined period. If the child is making adequate progress, the intervention was likely sufficient. If the child is not responding as expected, that becomes data supporting a referral for a special education evaluation.

Parent notification. Virginia requires that parents be notified of screening results. If you haven't received notification and your child is in K-3, ask specifically for the screening data.

When Screening Results Aren't Being Acted On

The most common frustration parents of children with dyslexia report is being told: "We screened your child and see some difficulties, but let's keep monitoring." The monitoring can stretch on for a year or more while the child falls further behind. If this is your situation, here's what you can do.

Request a special education evaluation in writing. A positive dyslexia screening creates grounds for you to request a full evaluation for special education eligibility. Under 8 VAC 20-81, the school's child find obligation means it should already be considering whether to evaluate. You can accelerate this by submitting a written referral for evaluation directly to the special education administrator, citing the screening results and your child's reading difficulties.

Once you submit a written referral, the school must either:

1. Provide you with Prior Written Notice and a consent form to begin an evaluation, or
2. Provide you with a Prior Written Notice explaining why it is declining to evaluate

If the school declines to evaluate, you can challenge that refusal. See Virginia special education evaluation for the full process, timelines, and how to push back on a refusal.

Don't wait for the school to initiate. Virginia's 65-business-day evaluation clock doesn't start until the special education administrator receives a referral. Until you put a formal written request in the administrator's hands, the clock isn't running.

Moving from Screening to an IEP

If a full evaluation confirms that your child has a Specific Learning Disability (which is the IDEA eligibility category that covers dyslexia), they may qualify for an IEP. The eligibility determination involves two questions:

1. Does the child meet the criteria for Specific Learning Disability under 8 VAC 20-81-80?
2. Does the child require specially designed instruction — not just accommodations, but actual modification of the content, methodology, or delivery of instruction?

Virginia does not require a severe discrepancy between IQ and achievement scores to identify an SLD. An RtI approach — showing that the child did not respond adequately to research-based interventions — is also valid. So is a pattern of strengths and weaknesses approach using cognitive processing data.

If your child qualifies, the IEP for a student with dyslexia should include:

• Goals targeting the specific phonological, decoding, or fluency deficits identified in the evaluation
• Specialized reading instruction using a structured literacy or Orton-Gillingham-based approach (not just grade-level reading time)
• Appropriate accommodations such as extended time, text-to-speech, and audio versions of grade-level texts
• Assistive technology consideration, particularly for reading access

See Virginia IEP for dyslexia for more on what a well-designed SLD IEP should include.

When an IEP Isn't Available: 504 Plans for Dyslexia

Some students with dyslexia don't qualify for an IEP because the school concludes they don't require specially designed instruction — they can access the curriculum with accommodations alone. For these students, a 504 Plan may be appropriate. A 504 doesn't provide specialized instruction, but it can provide accommodations like extended time, text-to-speech tools, and reduced distraction testing environments.

If you believe your child needs more than accommodations — that they need actual reading instruction using a specific methodology — an IEP is the correct vehicle, not a 504. Pushing for the right level of support matters, because a 504 that provides accommodations but doesn't deliver structured reading instruction leaves the underlying deficit unaddressed.

See Virginia 504 plan vs. IEP for a side-by-side comparison of what each plan provides and when each is appropriate.

Virginia's Specific Requirements for Dyslexia Instruction

Virginia Code §22.1-253.13:1 requires that reading instruction in Virginia schools be grounded in the science of reading — including systematic, explicit phonemic awareness and phonics instruction. For students identified with dyslexia or reading disabilities, schools are expected to provide structured literacy instruction. The VDOE has also issued dyslexia guidance recommending specific instructional approaches.

When advocating for a child with dyslexia, knowing that Virginia has adopted explicit science-of-reading requirements strengthens your position when the school proposes a reading intervention that isn't grounded in systematic phonics instruction.

The Virginia IEP & 504 Blueprint includes a section on building the right IEP for students with reading disabilities, along with a template for requesting an evaluation that references both the dyslexia screening results and the child find obligation.

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