ALJ Orders Structured Literacy Program for Student with Dyslexia After Charter School Failed to Provide Evidence-Based Instruction Across Three School Years

What Happened

An 11-year-old student in sixth grade attended South Sutter Charter School, a public charter school that primarily delivered instruction through independent study, distance learning, and homeschool models. The student had diagnoses of dyslexia, dysgraphia, dyscalculia, and ADHD. South Sutter first identified the student as having a specific learning disability in October 2020. The student had significant psychological processing deficits in phonological processing and sensory motor skills, and performed below average in reading comprehension, reading fluency, and written expression.

Despite these identified needs, the student's academic performance remained stagnant or declined over multiple school years. On i-Ready assessments, the student's overall reading level remained at first grade throughout the 2021-2022 school year, and his scores in vocabulary, comprehensive text, and phonics were stagnant compared to the previous year at the first-grade level. His comprehensive literature score actually decreased from first grade to kindergarten level.

Parents used structured literacy programs at home, including All About Reading and All About Spelling, recommended by South Sutter's own Early Literacy Coordinator. However, the school's special education services failed to provide comparable evidence-based instruction. Frustrated by the lack of progress, parents retained READ Learning Center in October 2022, where the student began receiving intensive one-on-one reading intervention using the Barton Reading System and math intervention using Making Math Real.

Attorneys Colleen A. Snyder and Melissa Cummins represented the student before ALJ Jennifer Kelly over nine days of hearing.

What the District Did Wrong

Special Education Teacher Could Not Explain Her Methodology

South Sutter's special education teacher, Damaris Sabo, testified she provided "structured literacy" to the student but "could not explain what program or methodology she used." The ALJ found Sabo's testimony "reflected a lack of understanding of structured literacy and the requirement it be taught through an evidence-based, multisensory, direct, explicit, structured, and sequential approach." Sabo was not trained in any structured literacy program such as Orton-Gillingham, and she could not explain any intensive reading intervention methodology, curriculum, or strategies she used. At hearing, she had difficulty explaining what assessment measures she used or how she tracked student progress, and "appeared uncomfortable and nervous" — which "negatively affected her credibility."

Failed to Convene an IEP Meeting When Student Was Not Progressing

The evidence showed the student was not making anticipated progress toward his May 2021 IEP goals throughout the 2021-2022 school year. His reading level remained at first grade, his scores were stagnant or declining, and he was exhibiting school avoidance behaviors including hiding under desks, running away from assignments, and throwing items. Despite being on notice of these problems through communications with the parent and observations by staff, South Sutter did not convene an IEP team meeting to address the lack of progress until the regularly scheduled annual IEP in May 2022. The ALJ found South Sutter "should have convened an IEP team meeting as early as winter 2022."

Inappropriate Goals Across Multiple IEPs

The ALJ found that South Sutter failed to offer appropriate, measurable goals in writing, reading decoding, spelling, reading fluency, and reading comprehension in IEPs spanning the May 2022, August-November 2022, and May 2023 IEP meetings. The goals were not appropriately challenging and were not based on accurate present levels of performance.

Inadequate Specialized Academic Instruction Across Three Years

The IEPs did not specify what methodology or intensive reading intervention program would be used to deliver specialized academic instruction. The instruction provided was described by the parent as "episodic" — the teacher "generally taught a concept and moved on before Student completed a task." The student was often frustrated and dysregulated during instruction. The instruction did not use an evidence-based, multisensory, direct, explicit, structured, and sequential approach as required for students with dyslexia.

What the Judge Found

ALJ Jennifer Kelly issued a comprehensive 91-page decision finding FAPE denials spanning three school years (2021-2022 through 2023-2024). This is one of the few California OAH decisions where an ALJ specifically ordered a structured literacy methodology consistent with Education Code section 56335.

On the failure to convene an IEP meeting:

"South Sutter's failure to convene an IEP team meeting significantly impeded Parents' opportunity to participate in decision making about Student's educational program."

On the inadequacy of the instruction:

"South Sutter's offers of specialized academic instruction these in IEPs were insufficient to address Student's dyslexia-related academic deficits in reading and writing because they did not offer an evidence-based, multisensory, direct, explicit, structured, and sequential approach to instruction with sufficient frequency and duration."

On the appropriateness of the private placement, the ALJ found the student progressed through six of twelve levels of the Barton Reading System and made progress in math using Making Math Real. The student "benefitted from READ Learning Center's educational instruction specially designed to meet Student's unique academic needs."

On the district's counter-claim that its May 2023 IEP offered a FAPE, the ALJ ruled:

"South Sutter failed to prove its May 4, 2023 IEP, as amended on May 16, 2023, constituted a FAPE. Accordingly, South Sutter is not entitled to implement the May 4, 2023, as amended on May 16, 2023, without parental consent."

What Was Ordered

1. $14,915 reimbursement for costs paid to READ Learning Center from October 4, 2022 through September 29, 2023, plus $1,740 for travel expenses

2. Prospective placement funding at READ Learning Center for up to four hours weekly for 31 school weeks (October 2023 through May 2024), at an hourly rate not to exceed $70, capped at $8,680

3. Mileage reimbursement not to exceed $1,138 for travel to READ Learning Center during the 2023-2024 school year

4. New IEP team meeting within 30 calendar days to propose a FAPE offer specifying how specialized academic instruction will be delivered to meet reading and writing goals, and to "confirm the curriculum and methodology used is consistent with Education Code section 56335, subdivision (a), and the California Dyslexia Guidelines"

5. District must pay for parent's expert (Dr. Erika Frieze) to attend the IEP team meeting, for up to two hours

6. Four hours of staff training by an outside specialist for South Sutter's entire special education department — including directors, program specialists, teachers, and case managers — in providing students with specific learning disabilities, including dyslexia, "educational services that are evidence-based, multisensory, direct, explicit, structured, and sequential, and best practices for developing appropriate IEP goals." Training to be completed by August 31, 2024 and consistent with Education Code section 56335 and the California Dyslexia Guidelines.

7. South Sutter shall not implement the May 4, 2023 IEP without parental consent

Why This Matters for Parents

1. This is one of the few cases where an ALJ specifically ordered structured literacy. The order requires the IEP team to confirm that the curriculum and methodology is "consistent with Education Code section 56335, subdivision (a), and the California Dyslexia Guidelines." This is a powerful precedent for parents whose children with dyslexia are receiving generic reading interventions instead of evidence-based structured literacy programs.

2. A special education teacher who cannot explain their methodology is a red flag. When the teacher at hearing could not describe what program she used, how she tracked progress, or what strategies she employed, the ALJ found her credibility diminished. If your child's teacher cannot clearly explain the methodology they are using to address your child's reading deficits, request a different provider or program.

3. Charter schools have the same FAPE obligations as traditional districts. South Sutter operated through independent study and homeschool models, but the ALJ confirmed that "charter school statutes override or conflict with special educational law" was never the Legislature's intent. Charter schools that serve as LEAs must provide the same level of special education services as any traditional public school.

4. Stagnant scores demand an IEP team meeting — not waiting for the annual review. When i-Ready scores showed the student's reading level was stuck at first grade and his comprehensive literature score actually decreased, the district should have convened an IEP team meeting immediately. Under Anchorage v. M.P., a district must review the IEP when the child is not making expected progress.

5. Parent-funded private intervention can be reimbursed. When the district's program was not working and the parent independently retained READ Learning Center, the ALJ ordered full reimbursement because the private placement provided evidence-based instruction that the district had failed to offer. Document your child's progress at any private placement using standardized assessments — this data was critical to the outcome in this case.