We started working with this family when the student was in early elementary school. She was a bright child with no cognitive delays, but she was not learning how to read. The school system told the parents she was not ready developmentally and would start reading in time. The parents suspected something else was going on. They requested an evaluation from the school system, but the school system did not believe there was a disability and did not fully evaluate the student.
The parents sought our guidance. Based on the profile they described, we advised them to pursue an outside evaluation rather than relying solely on the school to identify the underlying issues. We recommended a specific evaluator with expertise in identifying reading concerns in bright children who often compensate well enough to mask their difficulties on standard screenings.
Securing IEP Eligibility
The outside evaluation confirmed what the parents suspected: their daughter had dyslexia. We brought this evaluation to the IEP team meeting. The school resisted applying the correct eligibility standards, but we persisted in ensuring the team followed the proper legal criteria. The child was qualified for an IEP.
The parents wanted their daughter to remain in her neighborhood school. We worked to create an IEP that would meaningfully support her reading development. This required specificity about reading interventions that were evidence-based for students with dyslexia and for this student’s needs in particular. We objected to approaches that lacked evidence for this particular child’s profile and ensured the IEP specified methods with documented effectiveness for dyslexic learners.
Tracking Progress and Adjusting Course
We partnered with an educational consultant to track the student’s progress independently. School progress reports alone were insufficient because they did not provide objective data, despite the requirement that they do so. We needed objective, measurable data that would both allow the parents to understand if their daughter was making progress, and hold up if we needed to challenge the adequacy of services later.
Over time, the data showed the student was not responding to the in-school reading interventions. Her reading was not improving despite the IEP. We returned to the IEP team with this documentation and requested increased services. The team refused.
The Decision to Seek Alternative Placement
At this point, we had a clear record: appropriate interventions specified in the IEP, documented lack of progress over time, and the school’s refusal to adjust services despite evidence they were not working. We advised the parents of their options based on our experience with similar cases. When a child does not make progress in public school despite an IEP, parents may seek an appropriate private placement and pursue reimbursement.
The parents decided to place their daughter in a specialized non-public special education school. We then approached the school system with an offer to resolve the matter amicably, with the district funding the specialized placement. They declined.
Due Process and Settlement
We filed for mediation and due process. The case resulted in a negotiated settlement that funded the student’s placement in the non-public school. The student continued to make strong academic progress in the specialized program. Data from the placement showed significantly greater gains than she had achieved during her time in the public school system.
About the Author
Nicole Joseph is a special education attorney who advocates for children with learning disabilities and helps parents secure appropriate school placements and services. She has handled cases involving dyslexia, reading disabilities, and other learning differences for over two decades. Her work focuses on holding school systems accountable to legal standards and ensuring children receive the interventions and placements they need to succeed.
This case study reflects firsthand experience from Nicole’s practice. It is written to help parents understand what effective advocacy looks like when a child with dyslexia is not receiving appropriate support in school.