Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press

 Home > Topics  >  FAPE > How Can I Get the School to Provide an Appropriate Program?

The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:


2015 - 2016 Training Programs

Dec 3 - OKC

Dec 7 - Temecula, CA

Feb 25 - San Jose, CA

Feb 29 - NYC Metro Area

Mar 4 - McAllen, TX

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more


Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Doing Your Homework
Ask the Advocate
Newsletter Archives
Summer School Series
Success Stories

Law Library

IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
Section 504
Fed Court Complaints


American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
College/Continuing Ed
Due Process
Early Intervention (Part C)
Future Planning
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Related Services
Research Based Instruction
Response to Intervention (RTI)
School Report Cards
Section 504
Teachers & Principals
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
  Disability Groups
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
   Legal Terms
   Assessment Terms
Best School Websites


How Can I Get the School to Provide an Appropriate Program?

Print this page

When my child entered special education, he was in the 2nd grade. His reading grade level was 1.3. He is now in the 5th grade. After 30 months of special education, his reading grade level is 2.3. 

Since he entered special education, he has fallen further behind.

I have done a great deal of research about the components an appropriate reading program for learning disabled children.  I requested that the school use a program that is structured, systematic, sequential, repetitive and phonologically based

The school insists that Paul’s strengths are “reading in context” and “employing a variety of different strategies to decode words” (i.e. picture cues, context cues). Despite test scores that show that Paul has not made progress with their method, the school team continues to use it.

Our special education supervisor attended the last IEP meeting because I refused to sign the IEP.  She said our school district recently purchased the Wilson Reading System to use in resource classes in our district.  Wilson is a great system – it’s based on the Orton-Gillingham principles of remediating dyslexic children.

I was encouraged by this - until I discovered that Paul's teacher has not had any training in how to use the Wilson program.

The IEP says Paul will receive 45 minutes of “pull out instruction” a day. His teacher says she will only use the Wilson Reading System twice a week. On the other three days, she will put him in a group where she will teach“alternate reading strategies.” 

When I asked that Paul receive Wilson Reading System instruction five days a week, the principal said they were “trying to meet me half way.” She said I was “not entitled to dictate the method they chose to use to remediate my son.”

I requested additional time to review the IEP and did not sign it. We agreed to meet again in two weeks. Should I sign the IEP and be grateful for two days of Wilson?  I am tired of fighting with them. I feel like giving up but my son is too important.

* * * * * * * *
You’re right – your son is too important. You can’t give up.

From your description, it sounds like your son has a reading disorder (dyslexia). After 2.5 years of special education, he made 1.0 year of progress in reading. The fact that he made so little progress is evidence that the reading method that is being used is not appropriate.

Unfortunately, school culture often prevents school staff from realizing that sometimes, parents really do know what their children need. Teachers who need training in research based programs often do not get support from their administrators so they do not get the training they need.

Your Game Plan

Get a Private Sector Evaluation

To get your son the help he needs, you need to have an independent expert evaluate your child. The evaluator should attend the IEP meeting to explain that your child needs a reading program that is “structured, systematic, sequential, repetitive and phonologically based,” and needs to be taught be a teacher who is trained in this method. Most IEP teams give outside experts credit for knowing what children need.

Your independent expert should be a child psychologist or educational diagnostician who specializes in reading disorders. To find an expert who understands the educational needs of children with dyslexia and other language learning disabilities, go to our Reading Library and scroll down to the Database of Service Providers.

Strategy: Use No Child Left Behind

You can use the No Child Left Behind Act to support your position. The law requires school districts and schools to use "effective research based reading remediation programs so all children are reading at grade level by the end of third grade." (emphasis added)

NCLB authorizes funds "to provide assistance to State educational agencies and local educational agencies in establishing reading programs for students in kindergarten through grade 3 that are based on scientifically based reading research, to ensure that every student can read at grade level or above no later than the end of grade 3." (20 U.S.C.§ 6361)" (page 73, Wrightslaw: No Child Left Behind)

Print several copies of 4 Great Definitions about Reading in No Child Left Behind and provide them to members of your child's IEP team.

Strategy: Use IDEA 2004

Read 10 Tips: How to Use IDEA 2004 to Improve Your Child's Special Education by parent attorney Wayne Steedman.

Wayne explains how IDEA 2004 creates a higher standard for a free, appropriate public education and how parents can use NCLB to obtain a better IEP for their children.

Learn how to include research based methodology in the IEP and ensure how to that the IEP goals are comprehensive, specific -- and measurable. Wayne advises you about pitfalls to avoid and offers advice about how you can resolve disputes without resorting to a due process hearing - and what you should do if you cannot resolve your dispute.

IDEA 2004 places schools under increased pressure to use educational programs that work, i.e., that have a track record of success. “What works” for dyslexic children are research-based reading programs based on Orton-Gillingham principles. Learn more about research-based instruction

Strategy: Dealing with Resistance

“If the only tool you have is a hammer, everything looks like a nail.”

Unfortunately, your experience with the resistant teacher is not unusual. The teacher may not know how to implement any other reading program or method. If this is the problem, you need to know this.

Write a polite letter that documents the resistance you encountered from the teacher and your attempts to resolve the problems. When you put your concerns in writing, it is more likely that administrators will realize that they have a serious problem on their hands and will take steps to deal with the problem.

Wrightslaw: From Emotions to Advocacy has sample letters that you can adopt to your circumstances.

Recommended Reading

We asked attorneys, educators, and advocates to recommend their favorite books for the Advocacy Bookstore.

Here are some recommended books about reading, dyslexia and learning disabilities:

Straight Talk About Reading: How Parents Can Make a Difference During the Early Years by Susan Hall, Louisa Moats, and Reid Lyon

Parenting a Struggling Reader by Susan Hall and Louisa Moats

Overcoming Dyslexia: A New and Complete Science-Based Program for Overcoming Reading Problems at Any Level by M.D. Sally Shaywitz (Author)

Speech to Print: Language Essentials for Teachers by Louisa Cook Moats

Dyslexia: Theory & Practice of  Remedial Instruction by Diana Brewster Clark and Johanna Kellogg Uhry

The Dyslexic Scholar by Kathleen Nosek.

You will find more good books about education in the Research Based Instruction section of our bookstore.

* * * * * * * * * * * * * * *

Update from Kate

Thanks for your advice. I contacted organizations that could recommend evaluators who understand the needs of dyslexic children. Paul was screened at a school in Seattle that uses the Slingerland Method of Instruction. Slingerland is one of the organizations I called about recommendations for an independent evaluation.

I also called every resource teacher in our district to find out what methods they use to teach dyslexic children. It is up to the teacher to decide what method to use so most of them use different methods or an "eclectic" method which seems to be "a little of this and a little of that."

I had some success.  One school uses Slingerland for their resource students. Another school uses the Wilson Reading System.  I will try to move my son to another school if I cannot resolve the IEP issue.

I have done a great deal of reading on your web site.

I am trying writing letters and notes to maintain a good paper trail

I have copies of all paperwork sent to the school and received from the school. I organized my son's file as you recommend in your book, From Emotions to Advocacy.

I read your article about Tests and Measurements several times.

I used the results of the Woodcock-Johnson to make a chart of Paul's progress over the last three years. I will share this chart with the IEP team at our next meeting.

I hope we will be able to resolve these issues, but I want to be prepared if we cannot.

To Top

Last revised: 09/08/08

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!


Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video


Copyright © 1998-2015, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

Wrightslaw Store

The Advocate's Store

Get Help!

Wrightslaw on FacebookWrightslaw on TwitterWrightslaw YouTube Channel 


Wrightslaw Books
Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
Student Discounts

Military Discounts

The Advocate's Store

Wrightslaw Multimedia Training

Understanding Your Child's
Test Scores (1.5 hrs)

Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)

Wrightslaw Special: $49.95