District Must Provide Orton-Gillingham Reading Services for Student with Dyslexia

A third-grade student with dyslexia and speech-language impairment won partial compensatory education after Lammersville Unified failed to offer reading services and goals from December 2020 through November 2021. The ALJ ordered 127.5 hours of Orton-Gillingham instruction through a nonpublic agency and $1,800 in tutor reimbursement. The district prevailed on most other issues, including child find, predetermination, and the adequacy of its October 2021 IEP.

What Happened

Student was a third-grader at Bethany Elementary School who was eligible for special education under two categories: Speech or Language Impairment and Specific Learning Disability (dyslexia). Parent first raised concerns about Student's reading as early as kindergarten, noting letter reversals and difficulty with sight words. The district initially found Student eligible only for speech services in November 2019, after Parent submitted a written request for a speech evaluation. It was not until a parent-funded independent evaluation in 2021 — conducted by Dr. Rubalcava — that Student was formally identified as having dyslexia and found eligible under the Specific Learning Disability category as well.

Parent filed a due process complaint in January 2022 raising seven issues, including whether the district failed its child find obligations, conducted inadequate assessments, offered insufficient IEP goals, failed to implement IEPs, predetermined Student's program, and denied reading services. The district filed its own complaint asking the ALJ to confirm that its October 2021 IEP offered a free appropriate public education (FAPE) in the least restrictive environment. After a seven-day hearing, the ALJ issued a mixed decision: Student prevailed on one core issue — the failure to offer reading services and goals between December 2020 and November 2021 — but the district prevailed on most other claims.

What the District Did Wrong

1. Failure to offer reading services and goals from December 2020 through November 2021. After assessments in December 2020 confirmed Student was struggling significantly with reading fluency, decoding, and comprehension, the IEP team did not offer Student specialized reading instruction or measurable reading comprehension goals in the October 2020 IEP. The ALJ found this gap — spanning approximately 34 school weeks — constituted a denial of FAPE. By the time the October 2021 IEP was finalized in November 2021, the district had corrected course and made an appropriate reading services offer, but the year of missing support could not be undone.

2. Inadequate IEP goal in reading comprehension for the October 2020 IEP. Related to the service gap above, the October 2020 IEP also lacked appropriate and measurable annual goals in reading comprehension. The ALJ found this was a specific deficiency for that IEP year, even though the district's goals in other areas and in later IEPs were found to be adequate.

What Was Ordered

Lammersville Unified must provide Parent with a choice of three nonpublic agencies that offer Orton-Gillingham reading instruction.
The district must fund up to 7,650 minutes (127.5 hours) of Orton-Gillingham instruction for Student through one of those nonpublic agencies.
These compensatory services must remain available to Student until June 30, 2024.
Lammersville Unified must reimburse Parent $1,800 for Orton-Gillingham tutoring services already paid for through November 17, 2021.
The district is permitted to implement the October 20, 2021 IEP without parental consent if Student continues to receive special education services from the district.
All other requests for relief by Student were denied.

Why This Matters for Parents

When assessments show a reading problem, the IEP must respond with reading services — not just monitoring. The district knew Student was reading far below grade level in late 2020, but did not add reading goals or intervention to the IEP until a year later. The law requires the IEP to address each identified area of need. If your child's assessment reveals a gap, ask the IEP team explicitly: "What goals and services are being offered to address this specific area?"
A district can use any research-based Orton-Gillingham program, not just the one a parent prefers. Parent and their advocate insisted the district use Wilson or Barton reading programs. The ALJ found this was not required — the district's chosen program (SPIRE) was a nationally recognized Orton-Gillingham approach, and the independent evaluator herself said she was unfamiliar with SPIRE and only mentioned Wilson and Barton as examples she knew. If you disagree with a specific program, bring expert testimony or evidence that the district's chosen program is inadequate — preference alone is not enough.
Ambiguous partial consent can prevent a district from implementing an IEP at all. Parent's written exceptions simultaneously objected to specific services and then stated agreement with implementation — creating confusion the district could not resolve. The ALJ found the district was legally justified in not implementing the IEP under those circumstances. If you have concerns about an IEP, clearly state which parts you consent to and which parts you do not, rather than using broad language that can be read both ways.
The two-year statute of limitations is strictly enforced. Parent raised claims going back to kindergarten, but the ALJ dismissed everything before January 14, 2020 — two years before the complaint was filed. Claims based on what the district did or didn't do before that date were barred, even if the harm was real. If you believe your child has been denied appropriate services, do not wait: file a complaint or otherwise preserve your claims before the two-year window closes.

What Happened

What the District Did Wrong

What Was Ordered

Lammersville Unified must provide Parent with a choice of three nonpublic agencies that offer Orton-Gillingham reading instruction.
The district must fund up to 7,650 minutes (127.5 hours) of Orton-Gillingham instruction for Student through one of those nonpublic agencies.
These compensatory services must remain available to Student until June 30, 2024.
Lammersville Unified must reimburse Parent $1,800 for Orton-Gillingham tutoring services already paid for through November 17, 2021.
The district is permitted to implement the October 20, 2021 IEP without parental consent if Student continues to receive special education services from the district.
All other requests for relief by Student were denied.

Why This Matters for Parents

When assessments show a reading problem, the IEP must respond with reading services — not just monitoring. The district knew Student was reading far below grade level in late 2020, but did not add reading goals or intervention to the IEP until a year later. The law requires the IEP to address each identified area of need. If your child's assessment reveals a gap, ask the IEP team explicitly: "What goals and services are being offered to address this specific area?"
A district can use any research-based Orton-Gillingham program, not just the one a parent prefers. Parent and their advocate insisted the district use Wilson or Barton reading programs. The ALJ found this was not required — the district's chosen program (SPIRE) was a nationally recognized Orton-Gillingham approach, and the independent evaluator herself said she was unfamiliar with SPIRE and only mentioned Wilson and Barton as examples she knew. If you disagree with a specific program, bring expert testimony or evidence that the district's chosen program is inadequate — preference alone is not enough.
Ambiguous partial consent can prevent a district from implementing an IEP at all. Parent's written exceptions simultaneously objected to specific services and then stated agreement with implementation — creating confusion the district could not resolve. The ALJ found the district was legally justified in not implementing the IEP under those circumstances. If you have concerns about an IEP, clearly state which parts you consent to and which parts you do not, rather than using broad language that can be read both ways.
The two-year statute of limitations is strictly enforced. Parent raised claims going back to kindergarten, but the ALJ dismissed everything before January 14, 2020 — two years before the complaint was filed. Claims based on what the district did or didn't do before that date were barred, even if the harm was real. If you believe your child has been denied appropriate services, do not wait: file a complaint or otherwise preserve your claims before the two-year window closes.