CA School District in Breach of Federal Class Action Dyslexia Lawsuit Settlement, Attorneys Say

In fall of 2021, Berkeley Unified School District (BUSD) settled a groundbreaking federal class action dyslexia lawsuit claiming that the district failed to identify students with reading difficulties and provide the necessary support. Now, the district is in alleged breach of the terms of the settlement, according to a February 16th Berkeleyside article. Insiders say staff turnover and lack of urgency on behalf of the district have caused significant delays in making systemic changes required under the terms of the settlement. BUSD has already had to extend the terms of the settlement for an additional year due to implementation delays. Kareem Weaver, who sits on the Oakland chapter of the NAACP, is closely following the settlement and views literacy as a civil rights issue.

The settlement requires BUSD to implement a districtwide literacy improvement plan that includes screening all K-5 students for reading difficulties and implementing evidence-based literacy interventions. It also prohibits the use of Fountas & Pinnell’s Leveled Literacy Intervention (LLI) and Reading Recovery except in “exceptional circumstances.” BUSD must also revamp its Special Education and Section 504 policies and procedures. 

In addition, BUSD must evaluate the effectiveness of its Tier 1 curriculum in improving literacy. BUSD currently uses the controversial Lucy Calkins Units of Study with a phonics curriculum “patch.” 

DDCA reached out to BUSD parent of a child with dyslexia, Lindsay Nofelt, who, along with other concerned parents, has created a website so that BUSD parents and community members can stay informed about the progress of the BUSD Literacy Improvement Plan and what it means for their children. ReadingforBerkeley.org is working to build awareness and create more transparency surrounding BUSD’s progress toward fulfilling the terms of the literacy settlement — taking advantage of this opportunity to address the pervasive problem of how we teach kids to read. Lindsay states “No matter how you slice it, this is the right time to demonstrate that Berkeley prioritizes literacy. As educational partners, deeply and personally invested in the success of our community, we believe the key to academic equity is to promote early and successful reading.”

After a four-year-long legal battle to reach the settlement, DDCA questions how much more money BUSD will invest in attorneys fees before investing in improving literacy for all BUSD kids. DDCA hopes that the district’s new leadership, increased attention from the BUSD Board of Education, better public transparency with respect to progress reporting and implementation, and inclusion of parents in the implementation will result in systemic changes that will lead to BUSD being a model district for improving literacy acquisition that others can follow.

Please encourage family, friends, and colleagues to sign up for our DDCA emails to stay informed on dyslexia-related efforts in California. 

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Learn more about the settlement here:

DDCA blog

2021 Berkeleyside article

Breaking News:  Judge denies Berkeley Unified School District’s motion to dismiss dyslexia case!

Breaking News:  Judge denies Berkeley Unified School District’s motion to dismiss dyslexia case!

October 12, 2017 – BUSD (“Defendants”) had previously filed a motion, in part, to have this federal dyslexia case (Student A, et al v. Berkeley Unified School District – Case No. 17-cv-02510-JST) dismissed arguing that the individual families involved had failed to “exhaust their administrative remedies before bringing suit” (i.e. each individual family going through due process hearings first).  Plaintiffs successfully argued that they should “be excused from exhausting their administrative remedies because it was futile and inadequate to do so”.  Judge ruled, in part, in favor of the Plaintiffs.

Many of you have been closely following the complaint filed in federal court on May 2, 2017 against Berkeley Unified School District (BUSD), the BUSD Superintendent, the BUSD Board of Education, and the Directors of the BUSD Board of Education, for systemically failing to educate students with reading disorders, and students who are suspected to have reading disorders.

It should be noted that complaints regarding the systemic and unlawful practices and policies at BUSD had been previously filed with the CA Department of Education and that BUSD did not sufficiently change its policies in response to these complaints.

Plaintiffs successfully argued that the issue regarding BUSD failing to educate students with dyslexia was a systemic one and not limited to the students involved in this federal lawsuit and that they are seeking relief on behalf of all similarly situated students at BUSD.

The judge did grant the Plaintiff’s motion to dismiss claims against individual BUSD board members. This dismissal has no real impact on the case.

Thanks to all DDCA volunteers who attended the Motion to Dismiss hearing on August 24, 2017!

Click here to read the original complaint filed on May 2, 2017.

Click here to read the May 2, 2017 press release issued by Plaintiff’s co-counsel: Disability Rights Education & Defense Fund (DREDF), Jacobson Education Law, Inc. & Goodwin.

Click here to read the “Order Granting in Part and Denying in Part Motion to Dismiss” filed on October 12, 2017.