California schools have some of the lowest reading scores in the nation. According to federal law, students with reading disabilities like dyslexia who are not meeting grade-level standards should qualify for special education services that provide appropriate reading intervention… but that’s not happening in California as often as it should. 

Why? To be eligible for special education, 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). But California’s most common eligibility form only includes checkboxes for SEVEN academic areas. The missing checkbox? Reading fluency skills!

Reading fluency is the ability to read with speed, accuracy and expression. It is a critical skill for success in school and life. It is also easy to measure. Although California teachers are routinely asked to measure reading fluency skills, they are too often denied extra help when a child struggles. Lots of testing. No intervention. Leaving kids, parents, and teachers frustrated.

We estimate that 40,000 students are denied or delayed special education services annually in California due to this one missing checkbox. Its absence leaves schools with the mistaken impression that kids must fail in reading comprehension before they qualify for help because “Reading Comprehension” has a checkbox. However, reading comprehension failure is secondary in dyslexia and can take many, many years to show as a symptom.

Research shows that reading intervention is most effective when started by age 8, but California students are often not found eligible for special education until fifth grade or later. If started by third grade, intervention usually takes 1-3 years. Starting in fourth grade or later, intervention takes four times as long, causing students to age out of the school system before ever becoming proficient readers. This contributes to high school failure, increased mental health problems, increased behaviors, and dropping out. 

Many schools think they are not allowed to qualify students who only have reading fluency challenges for special education; not true!  Others may knowingly use the missing checkbox as an excuse to deny services. Even if California passes legislation for K-2 screening for dyslexia, this missing reading fluency checkbox will still cause many school districts to ultimately deny intervention for dyslexic students when it would be most helpful. We need to fix this. 

State agencies have argued they should not have to change the form because the state form is simply a model form, which makes it a tool or guidance, not law. School districts can choose to make their own forms. But by the same logic, there is no reason not to change the form. The current form offers bad guidance to our 1,600 school districts. Every school district that fails to consider reading fluency for eligibility opens itself to due process under IDEA, discrimination lawsuits and liability. There is nothing to stop anyone from providing better guidance and adding this checkbox immediately to help school districts comply with both state and federal law.

Note: Adding the checkbox creates the option to qualify kids for special education services. It does not require it. Teachers/parents still need to make a referral for special education services, the student still needs to be assessed and found eligible, and parents still have to give consent to start services. Having the checkbox just creates the opportunity.

Sign this petition to:

• Ask the California Department of Education (CDE) and SELPA Administrators of California to add a “Reading Fluency Skills” checkbox to the Specific Learning Disability discrepancy eligibility form and update it in the SEIS computer system that is used by 90% of school districts in California before the start of the 2023-24 school year.
• Ask the CDE and the federal Office of Special Education Programs (OSEP) to send out immediate guidance to advise CA school districts and educational agencies that: 1) they must consider "reading fluency" as an area of academic need, regardless of the assessment method used, when considering special education eligibility in order to comply with federal law, and 2) they should make sure all of their forms, policies, handbooks, websites, eligibility discussions and other communications reflect this.
• Encourage all California school districts to update their forms, regardless of the CDE's actions. There is no need to wait.
• Ask the State Board of Education to add the words "reading fluency" to 5 CCR 3030 (b)(10)(B) so that it will be compliant with federal code 34 CFR 300.309 and aligned with California Education code 5 CCR (b)(10)(C), both of which do list reading fluency. This confusion started from one typo in one paragraph of California education code, and it should be fixed once and for all.

Please act now to get this issue fixed before yet another school year is lost! Please SHARE this petition and like/share our YouTube video.

We estimate that we need to reach nearly 1 million Californians for every 1,000 families denied services to hear about this issue.

For more information on this issue, please visit www.everybodyadvocate.org.