There is NO law requiring you to retain your child, despite the "third grade reading guarantee" in the state of Ohio. Retention at this grade level would do much greater social and emotional harm then any academic failure could. I am curious as to how your school determined that your daughter did not qualify with a school age disability (I am a school psychologist in Ohio) and if she has been diagnosed with a dyslexia, that is a reading disability, and is it affecting her from making adequate progress within the classroom? I would be curious to hear what her comprehensive multi-factored evaluation consisted of. Feel free to contact me if you would like some advice/guidance. Please do not put a lot of stock into the OATs. Remember that not all children test well. It is more important to determine whether or not she has met all of the content standards for 3rd and 4th grade in the area of reading so that you know where she is heading into 5th grade. Please contact me if you would like to talk some more. This is a very difficult decision to make and I believe that you most likely have other options.
S.
Updated
I needed to add something because people really need to keep their "advice" to a minimum if they do not know all of the facts. If you do not live in the state where the parent is seeking advice, legal advice really, do not give it!
Just a little FYI, but some facts are a little off with regards to special education, at least in the state of Ohio. This is a problem I often see when I have to work with parents. The wrong person gave the wrong and highly inaccurate advice. I know you all most likely mean well, but you need to know the facts before giving advice. First off, just because someone is diagnosed with ANYTHING does NOT automatically qualify a student with a school age disability. If you look close enough, you can find ANY doctor to give you the diagnosis you want.
The child needs to demonstrate that despite interventions, he/she is not making adequate progress within the classroom when compared to his/her peers. He/She also needs to demonstrate that he/she is not meeting Ohio's content standards for his/her grade level. Interventions must be implemented first before anything else can be completed, including the completion of an evaluation (ETR, MFE, etc). RTI is not yet mandated in the state of Ohio, but interventions are required. The discrepancy model for qualifying students was thrown out years ago in this state as well (more than 7 years ago) so that should not be an issue. And IQ tests or tests of cognitive abilities are not required and quite meaningless when it comes to testing for identifying a learning disability. Also, having a particular "problem" does not mean accommodations must be provided. Reasonable accommodations are provided (even to regular ed students) so that students can equally access the curriculum. Additionally, if you do not have a current IEP, you cannot request an IEP meeting. You can request that an evaluation be completed and the district has 30 days to provide in writing what they will be doing. A district NEVER has to provide tutoring to overcome a problem, IEP or not. Each student is looked at on an individual basis. Lastly, schools DO NOT "push back", if it is meant that they refuse or limit services. We are bound in Ohio to protect children according to IDEA and statements like that infuriate me as an educator!
Sidenote....the Woodcock Johnson test of achievement is worthless when assessing and understanding reading comprehension abilities.
Please do not offer advice if you do not know all of the facts, it makes my job (and others like me) of assisting parents and students more difficult when they come with ideas and demands that are just not true or accurate. Also, when people read information (online) it can often be misconstrued in misinterpreted. Always consult with an educational professional well informed about the laws of special education in your state!
If you do not understand the law or your rights as a parent in the State of Ohio, seek out your local State Support Team or contact the Ohio Department of Education and they will get you in touch with the correct person.