District Denied FAPE for Failing to Address Reading and Writing Deficits

A 17-year-old student with autism and speech-language impairment at Bellflower Unified School District was denied a free appropriate public education because the district failed to design adequate reading and writing goals or provide meaningful intervention for two years. The ALJ found that despite the student reading at a 4th-grade level in 11th grade and repeatedly failing to meet IEP goals, the district simply rolled over the same unmet goals without adding services. The student was awarded 255 hours of one-on-one Orton-Gillingham reading and writing tutoring as compensatory education.

What Happened

Student was a 17-year-old 11th grader at Mayfair High School, eligible for special education under the categories of autism and speech or language impairment. Despite being nearly ready to graduate, Student was reading at a 4th-grade level — the same level he had been at since 9th grade. Student struggled significantly with reading fluency, reading comprehension, and writing, and regularly failed or nearly failed his classes. Parent raised concerns at multiple IEP meetings, and Student's own teachers confirmed that he could not read at grade level, could not decode words, could not retain information, and frequently cheated on tests out of frustration because he could not understand the material.

Parent filed a due process complaint in February 2020, arguing that the district had failed to design an appropriate educational program addressing Student's reading and writing needs, had failed to conduct proper evaluations, and had failed to provide adequate transition services. The district maintained that its IEPs were appropriate and that Student was progressing toward graduation.

What the ALJ Found

The ALJ issued a split decision. The parent won on the core educational programming issue — reading and writing — but the district prevailed on the assessment and transition claims.

On reading and writing (Parent prevailed): The ALJ found that Bellflower Unified failed Student by repeatedly setting reading and writing goals he could not meet, then simply carrying those same unmet goals forward to the next year without adding any new services or interventions. After Student failed history, earned near-failing grades in English, and teachers confirmed he could not access the curriculum, the district still did nothing meaningful. It did not offer extended school year services, did not add tutoring or specialized reading services, and did not consider other options along the full continuum of support. The ALJ found this was a denial of FAPE from February 2018 through February 2020.

On assessments (District prevailed): The psychoeducational evaluation was found to be procedurally deficient — it relied on only one standardized test and lacked detail — but the ALJ ruled that this deficiency did not actually cause Student's reading and writing problems or prevent Parent from participating in IEP decisions. The speech and language assessment was found adequate. Student did not prove that assessments in assistive technology, occupational therapy, or functional behavior were needed.

On transition (District prevailed): The district included transition goals based on a 20-minute interview with Student, who expressed interest in becoming a blacksmith or a pizza chef. Parent disagreed with the practicality of those goals, but the ALJ found the goals were based on Student's own stated interests and were legally sufficient. The district's failure to connect Student with a transition specialist in 11th grade — partly due to COVID-19 — did not rise to a denial of FAPE on its own.

What Was Ordered

Bellflower Unified must provide Student 255 hours of one-on-one compensatory tutoring using the Orton-Gillingham or a similar structured multi-sensory reading and writing approach, at a rate not to exceed $90 per hour.
If Pride Learning Center (the outside agency Parent had already consulted) is a certified non-public agency, Bellflower Unified must fund it directly and reimburse any fees already paid, up to the 255-hour cap.
If Pride Learning is not a certified non-public agency, Bellflower Unified must reimburse Parent at up to $90/hour at an agency of Parent's choosing that uses Orton-Gillingham or a comparable approach.
As a third alternative, if Parent prefers direct placement rather than reimbursement, Bellflower Unified must provide Parent with the names of at least two contracted non-public agencies within 10 business days and arrange direct payment after Parent selects one.
All compensatory services must be used by August 31, 2022, or they are forfeited.
All other requests for relief — including speech and language services, social skills hours, math tutoring, and a one-on-one aide — were denied.

Why This Matters for Parents

Rolling over unmet goals is not acceptable. If your child fails to meet an IEP goal, the district cannot simply copy that goal into next year's IEP and call it done. The law requires the IEP team to assess why the goal was not met and consider whether additional services or interventions are needed. Document this at every meeting.
Grades alone do not prove a student is receiving educational benefit. Student received passing or near-passing grades while reading years below grade level. The ALJ looked past the grades to the actual evidence of learning — or lack of it. If your child is passing classes but not gaining real skills, that is worth raising at IEP meetings and in writing.
Extended school year (ESY) services are not just for students who fail classes. The district argued ESY was unnecessary because Student was not failing. The ALJ rejected this, finding that Student's well-documented struggles with retaining information and reading comprehension should have triggered ESY consideration. ESY eligibility is about the risk of significant skill regression, not just grades.
A procedurally deficient evaluation does not automatically mean the district denied FAPE. The psychoeducational evaluation here was inadequate — it used only one test — but the ALJ found it did not cause harm because Parent remained fully involved in IEP decisions. To win on an assessment claim, you generally need to show that the flawed evaluation led to worse services or blocked your participation.

What Happened

What the ALJ Found

The ALJ issued a split decision. The parent won on the core educational programming issue — reading and writing — but the district prevailed on the assessment and transition claims.

What Was Ordered

Bellflower Unified must provide Student 255 hours of one-on-one compensatory tutoring using the Orton-Gillingham or a similar structured multi-sensory reading and writing approach, at a rate not to exceed $90 per hour.
If Pride Learning Center (the outside agency Parent had already consulted) is a certified non-public agency, Bellflower Unified must fund it directly and reimburse any fees already paid, up to the 255-hour cap.
If Pride Learning is not a certified non-public agency, Bellflower Unified must reimburse Parent at up to $90/hour at an agency of Parent's choosing that uses Orton-Gillingham or a comparable approach.
As a third alternative, if Parent prefers direct placement rather than reimbursement, Bellflower Unified must provide Parent with the names of at least two contracted non-public agencies within 10 business days and arrange direct payment after Parent selects one.
All compensatory services must be used by August 31, 2022, or they are forfeited.
All other requests for relief — including speech and language services, social skills hours, math tutoring, and a one-on-one aide — were denied.

Why This Matters for Parents

Rolling over unmet goals is not acceptable. If your child fails to meet an IEP goal, the district cannot simply copy that goal into next year's IEP and call it done. The law requires the IEP team to assess why the goal was not met and consider whether additional services or interventions are needed. Document this at every meeting.
Grades alone do not prove a student is receiving educational benefit. Student received passing or near-passing grades while reading years below grade level. The ALJ looked past the grades to the actual evidence of learning — or lack of it. If your child is passing classes but not gaining real skills, that is worth raising at IEP meetings and in writing.
Extended school year (ESY) services are not just for students who fail classes. The district argued ESY was unnecessary because Student was not failing. The ALJ rejected this, finding that Student's well-documented struggles with retaining information and reading comprehension should have triggered ESY consideration. ESY eligibility is about the risk of significant skill regression, not just grades.
A procedurally deficient evaluation does not automatically mean the district denied FAPE. The psychoeducational evaluation here was inadequate — it used only one test — but the ALJ found it did not cause harm because Parent remained fully involved in IEP decisions. To win on an assessment claim, you generally need to show that the flawed evaluation led to worse services or blocked your participation.