District Wins: Santa Monica Provided FAPE to Student with Severe Dyslexia Despite Reading Gap

Parents of a third-grade student with severe dyslexia and a visual processing disorder argued that Santa Monica-Malibu Unified failed to provide an appropriate education and sought reimbursement for private school tuition at Westmark School. The ALJ found that the district's IEPs from 2016 through 2017 were reasonably calculated to provide educational benefit and that Student made meaningful, measurable progress in reading. All requests for relief were denied.

What Happened

Student was a third-grader with severe dyslexia, a moderate-to-severe visual processing disorder, and attention difficulties. Despite having high-average cognitive abilities and performing at or near grade level in math, science, and social studies, Student struggled significantly with reading, decoding, and writing. Santa Monica-Malibu Unified identified Student as eligible for special education during kindergarten and provided specialized academic instruction throughout kindergarten, first grade, and second grade, using research-based reading programs and increasing the intensity of services over time.

Parents grew increasingly frustrated that Student was not reading at grade level and believed the district's program was not closing the gap between Student and his same-aged peers. Beginning in fall 2015, Parents privately funded tutoring to supplement the district's services. After disagreeing with the district's proposed IEP for third grade (May 2017), Parents enrolled Student in Westmark School, a private school specializing in language-based learning disabilities, and sought reimbursement from the district for tuition, related costs, and the cost of private tutoring dating back to February 2016.

What the ALJ Found

The ALJ ruled entirely in the district's favor, finding that Santa Monica's IEPs from February 16, 2016, through May 17, 2017, each offered Student a free appropriate public education (FAPE). The key question under federal law is not whether a district's program is the best possible option or whether it will bring a student fully up to grade level — it only needs to be "reasonably calculated to enable the child to make progress appropriate in light of the child's circumstances."

The ALJ found that Student made real, measurable progress under each IEP. He went from being unable to reliably identify letter sounds or blend basic words in kindergarten to meeting nearly all of his annual reading goals by December 2016 — faster than the IEP team had predicted. The district also responded to Parent concerns by increasing services significantly over time: from 240 minutes per week of specialized instruction in kindergarten, to 470 minutes per week by second grade, including one-on-one work with a highly experienced reading specialist. The district also added extended school year (ESY) services in its May 2017 IEP offer.

Critically, the ALJ noted that Student's progress at Westmark — the private school Parents chose — was no faster than his progress had been under the district's program. Student entered Westmark reading at a beginning first-grade level and ended the year still reading at approximately the same level, with only modest gains across reading measures. This undercut the Parents' argument that the district's approach was inadequate. The ALJ also rejected the argument that Student's declining percentile rankings compared to same-aged peers proved a denial of FAPE — because Student had severe dyslexia, his peers were advancing without any impairment while he faced a significant neurological barrier. Progress must be measured against what is appropriate for the individual child, not against typically developing classmates.

What Was Ordered

Student's request for relief was denied in its entirety.
No reimbursement was awarded for private tutoring costs from February 2016 through August 2016.
No reimbursement was awarded for Westmark School tuition or transportation for the 2017-2018 school year.
Santa Monica-Malibu Unified School District was found to be the prevailing party.

Why This Matters for Parents

"Closing the gap" is not the legal standard. The IDEA does not require a school district to bring a student with a disability up to the same reading level as their non-disabled peers. The legal standard is whether the program is reasonably calculated to produce progress appropriate for that individual child. Parents who expect grade-level performance as the measure of an adequate IEP may face an uphill battle in due process.
Document your child's progress — and its pace — carefully. The district won in part because Student consistently met or exceeded IEP goals on schedule. If your child is not meeting IEP goals, or is meeting watered-down goals too easily, that is a much stronger basis for a FAPE claim than an ongoing reading gap alone.
Private placements must outperform the public program to justify reimbursement. A key reason Parents lost here is that Student made no more progress at the private school than he had at the public school. Courts and ALJs compare outcomes. If you are considering a private placement, document clearly why the district's program is inadequate and gather evidence that the private program produces better results.
Increasing services over time can demonstrate district good faith. Santa Monica nearly doubled Student's specialized reading instruction over two years and added one-on-one support from an expert reading specialist. This responsiveness to Student's needs was a significant factor in the ALJ's finding that the district was meeting its obligations — even if Parents felt it was not enough.

What Happened

What the ALJ Found

What Was Ordered

Student's request for relief was denied in its entirety.
No reimbursement was awarded for private tutoring costs from February 2016 through August 2016.
No reimbursement was awarded for Westmark School tuition or transportation for the 2017-2018 school year.
Santa Monica-Malibu Unified School District was found to be the prevailing party.

Why This Matters for Parents

"Closing the gap" is not the legal standard. The IDEA does not require a school district to bring a student with a disability up to the same reading level as their non-disabled peers. The legal standard is whether the program is reasonably calculated to produce progress appropriate for that individual child. Parents who expect grade-level performance as the measure of an adequate IEP may face an uphill battle in due process.
Document your child's progress — and its pace — carefully. The district won in part because Student consistently met or exceeded IEP goals on schedule. If your child is not meeting IEP goals, or is meeting watered-down goals too easily, that is a much stronger basis for a FAPE claim than an ongoing reading gap alone.
Private placements must outperform the public program to justify reimbursement. A key reason Parents lost here is that Student made no more progress at the private school than he had at the public school. Courts and ALJs compare outcomes. If you are considering a private placement, document clearly why the district's program is inadequate and gather evidence that the private program produces better results.
Increasing services over time can demonstrate district good faith. Santa Monica nearly doubled Student's specialized reading instruction over two years and added one-on-one support from an expert reading specialist. This responsiveness to Student's needs was a significant factor in the ALJ's finding that the district was meeting its obligations — even if Parents felt it was not enough.