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

Does Your School District Want to Learn More About Dyslexia?

Does your school district want to learn more about dyslexia? Don’t miss these five free dyslexia webinars for CA school districts co-sponsored by Los Angeles County Office of Education (LACOE) and Glean Education.

DDCA Leaders recently connected with LACOE, and we are impressed with their lineup of upcoming dyslexia webinars.  Each webinar is targeted for a specific audience within your school district.  District staff can sign up for all five webinars or just the webinars that they are interested in.  A recorded version is available for those who pre-register but are unable to attend the live version.  You must be employed by a CA local education agency to register for these free webinars. Please share with your local school district. There are limited spots so pre-register today.

“Quality reading instruction is pivotal in both teaching young learners to access the code, but also in diagnosing issues that students may have. We’re seeking to raise educator awareness in understanding the scope of dyslexia and all of its complexities, while giving tools and strategies for them to address these issues and provide targeted, ongoing supports.”

-Leslie Zoroya, RLA Coordinator, Los Angeles County Office of Education

Here are the links to each of the Dyslexia series webinars (times are PST):

Understanding & Recognizing Dyslexia: What CA Educators Need to Know 
Jan. 13, 2021, 3:00 – 4:00 p.m.
Audience: K-12 Teachers, Instructional Coaches, Administrators 

Screening for Dyslexia: What School Leaders Need to Know
Feb. 23, 2021, 3:00 – 4:00 p.m.
Audience: K-12 Teachers, Instructional Coaches, Administrators 

Implementing Intervention for Students with Dyslexia: What Teachers Need to Know
March 17, 2021, 3:00 – 4:00 pm
Audience: K-12 Teachers, Instructional Coaches, Administrators 

Accommodating Students with Dyslexia in the Middle & High School Classroom: What Teachers Need to Know
April 14, 2021, 3:00 – 4:00 p.m.
Audience: Middle School Teachers, High School Teachers, Secondary Administrators, Instructional Coaches

Assessing & Supporting Dyslexia: What School Psychologists Need to Know
May 12, 2021, 3:00 – 4:00 p.m.
Audience: School Psychologists, Administrators, Instructional Coaches