CDE Complaint Decision Denies Reading Fluency; Impacts 40,000+ California Students with Dyslexia

Everybody Advocate to Offer Free Second Opinions This Summer

PLEASANTON, Calif., June 13, 2023 /PRNewswire/ -- Everybody Advocate™, a nonprofit for the support and advancement of special education, today announced they will be offering free second opinions to California families denied reading intervention due to an alleged systemic failure by the California Department of Education (CDE) to find students eligible for specially designed instruction. The decision comes in response to a refusal by the CDE's special education Complaint Resolution Unit (CRU) to correct the absence of a checkbox for reading fluency on a statewide eligibility form for special education.

"I estimate more than 40,000 students per year are inappropriately denied or delayed special education services due to this one issue," said Christina Maehr, special education advocate and founder. "We have started a petition on Change.org which we encourage all to sign. This short video explains."

When determining if a student is eligible for special education services, the most common category of eligibility is called Specific Learning Disability (SLD), which includes disabilities like dyslexia. To be SLD eligible, students need to show a processing disorder and an impairment in at least one of eight academic areas defined by federal law (34 CFR § 300.309). The problem uncovered by Maehr is that California's most common SLD eligibility form lists only seven academic areas. The missing area? Reading fluency skills.

The form is provided through a special education information system (SEIS) used by more than 90% of California districts. Compared to a national average of 15%, less than 13% of California's nearly 6 million public school students received special education services in 2018-19, the last year the CDE published disability data. Data from the CDE's Dataquest system shows CA identification of students with Specific Learning Disabilities peaks around sixth/seventh grade. Reading science recommends that intervention start no later than age 8.

"Last year I advocated for students in 50 school districts statewide," said Maehr. "A shocking number of schools insist that they do not consider below-grade-level reading fluency a problem until it also impacts reading comprehension, which has a checkbox on the form. Teachers are being told it is hard to qualify students for early intervention and have lost confidence in getting additional help for struggling readers."

"In dyslexia, the key impairments are in decoding and reading fluency, which is the ability to read with speed, accuracy and expression," said James Bylund, Psy.D., licensed clinical and educational psychologist. "Reading comprehension deficits are a secondary, delayed effect from neglected reading skills. Schools waiting to intervene in dyslexia until reading comprehension is impaired have waited years too long. Intervention after fourth grade requires four times as much effort as it would in first grade. In high school, slow reading results in an overwhelming homework load. Unaddressed reading problems can lead to anxiety, depression, behavioral problems and dropping out. Unidentified students can be denied even simple accommodations like audiobooks. When schools delay, everyone loses."

On behalf of three families, Maehr filed a complaint against Pleasanton Unified School District, the Tri-Valley Special Education Local Plan Area, and the CDE. PUSD claimed no wrongdoing because they were following the state form. Maehr requested correction of the form and a statewide alert; the CRU declined.

"Even in schools implementing K-2 screening for dyslexia, students could still be denied special education services because of the refusal to see reading fluency as an area of need," said Kristin Springer, special education attorney. "State standards address reading fluency. Federal and state regulations include reading fluency as a qualifying academic area; it is clearly intended to be an area of eligibility. We encourage all school districts to update their forms for compliance with federal law, train staff to identify fluency problems, and to hold IEP meetings to proactively reconsider student eligibility. Fixing this helps everyone."

Beginning June 19, Everybody Advocate will be offering free (donor supported) review of student psychoeducational evaluations as a second opinion to families who have been denied reading services.

"While families may have the right to request Independent Educational Evaluations (IEEs) or to file due process, this can be expensive for schools, intimidating for parents, taxing for children, and further delay services," said Maehr. "Everybody Advocate aims to work collaboratively with parents and schools to provide a no-cost approach to help students in need get help more quickly."

Visit www.everybodyadvocate.org for more information, to sign the petition, request or volunteer to help with Second Opinion Services, or support with a donation to help keep services free for families.

About Everybody Advocate
Everybody Advocate, www.everybodyadvocate.org, is a nonprofit alliance of special education professionals, parents, teachers, students, administrators, advocates and more. Its mission is to increase respect, awareness, and funding for special education services and to address systemic barriers – whether bureaucratic, financial or cultural – to improve outcomes for both students with disabilities and their educational service providers.

SOURCE Everybody Advocate