What the “Fifth Grade Reading Level” Comment in a BSEA Case Reveals About Denial of FAPE

Reading and FAPE

What the BSEA recently ruled on Reading and FAPE

Desmond & Dracut Public Schools   BSEA# 25-08407

By Maureen Brown, Special Education Advocate | Ask the Advocate

In a powerful July 2025 decision, the Massachusetts Bureau of Special Education Appeals (BSEA) ruled in favor of a student, “Desmond,” against Dracut Public Schools. The case serves as a critical reminder to parents: just because a child earns decent grades or appears to be “doing okay” doesn’t mean they’re receiving a Free Appropriate Public Education (FAPE) under the law.

This case is also raising eyebrows for a comment made by a school administrator that stunned both the family and the BSEA:

“People only need a fourth or fifth grade reading level to read the newspaper.” This quote, repeated twice in prior IEP meetings and again at hearing by Dracut special educator Christine Schwing, was used to defend Desmond’s lack of access to specialized, research-based reading instruction—even though he has a severe diagnosis of double deficit dyslexia.

Let’s break down what happened—and what you need to know if you’re in a similar situation.

📘 The Background

Desmond is a bright, middle school student with significant language-based learning disabilities, including dyslexia and ADHD. Despite earning A’s and B’s, his standardized testing showed sharp declines in decoding, fluency, and spelling.

He struggled mightily with phonological processing and reading accuracy—skills essential to lifelong literacy.

Rather than responding with specialized reading instruction, the district offered minimal reading support with a provider lacking dyslexia training. The school insisted he was making progress because he “understood the content” and got good grades. But Desmond’s parents saw through the illusion—and they had expert data to back it up.

🧠 “Newspaper-Level Reading Is Enough”? Why This Comment Misses the Mark

Christine Schwing, the Special Education Team Chair at Desmond’s school, testified that Desmond did not need intensive intervention because he was “comprehending” his academic content.

Then came the comment: She stated—again—that “individuals only need a fourth or fifth grade reading level to read a newspaper.”

This statement was not only reductive—it was alarming. It reflected a deeply flawed understanding of FAPE and underestimated what students with dyslexia need to function in college, employment, and adult life.

More importantly, the Hearing Officer saw it for what it was: a rationalization for doing less.

⚖️ What the BSEA Ruled

The BSEA ruled that Dracut failed to offer Desmond a FAPE. Specifically, the district:

  • Ignored compelling neuropsychological evidence of severe dyslexia.

  • Failed to provide systematic, evidence-based instruction tailored to his disability.

  • Offered supports that were “too little, too late” and relied on staff without specialized training.

  • Focused on grades rather than the underlying learning disability.

The ruling mandated that The parties are directed to meet within 14 days of the issuance of this decision to develop a compensatory services plan to compensate for the inappropriateness of the Amended 2024-2025 IEP and the 2025-2026 IEP during the period from January 31, 2025 through the end of the 2024-2025 school year. This plan may include, by way of example, a language-based summer program or private tutoring with a trained and experienced professional who utilizes sequential, structured, multisensory, and research-based approaches designed to remediate dyslexia. Within 30 days of the issuance of this decision, Dracut must locate or create a fully integrated, cohesive language-based program across all content areas for Desmond for the 2025-2026 school year that includes the following components: small classes of six to eight students; daily individual specialized literacy instruction delivered by someone trained and experienced in multisensory, structured, sequential, evidence-based methodologies that have been designed to remediate dyslexia; executive functioning instruction embedded across the curriculum; and a peer cohort of students with cognitive profiles similar to Desmond’s.

📣 What Parents Should Learn From This Case

This ruling offers a blueprint for how families can fight back when schools downplay a child’s disability—or claim that “average performance” is good enough.

Here’s what parents should take away:

✅ 1. Don't Be Fooled by Grades

If your child has a diagnosed disability like dyslexia, high grades alone don’t tell the full story. Ask for standardized data on decoding, fluency, and phonological processing.

✅ 2. Document the Deficits

In Desmond’s case, private evaluations from a neuropsychologist and reading specialist were key. Their data showed that the school’s program wasn’t closing the gap—and was actually letting it widen.

✅ 3. Challenge Harmful Narratives

When school staff make comments like “he doesn’t need to read at a high level” or “he’s doing fine for his age,” challenge it in writing. Ask:

“Can you show us where the IDEA allows a district to base reading instruction on newspaper-level expectations?”

✅ 4. Push for Evidence-Based Programming

Desmond’s IEP lacked a direct, explicit, multisensory reading program (like Orton-Gillingham, Wilson, or LiPS). If your child has dyslexia, general reading support is not enough.

✅ 5. Know When to Seek Outside Placement

When your district cannot or will not meet your child’s needs, request a unilateral placement or file for a due process hearing. Use expert reports to make the case that the IEP is not reasonably calculated to provide FAPE.

Final Thoughts

The Desmond case is a stark reminder that the bar for literacy should not be “good enough to read the newspaper.” It should be high enough to empower every student—especially those with disabilities—to thrive in college, careers, and beyond.

If you're a parent hearing similar arguments in your IEP meetings, you are not alone—and you are not wrong to expect more.

📩 Need help advocating for your child?
At Ask the Advocate, we help families identify gaps in IEPs, request appropriate placements, and win the services their children deserve.

Maureen Brown

Ask the Advocate, LLC, Special Education and Placement Consulting.

http://asktheadvocate.org
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