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Two high school graduates who claim they cannot read or write have initiated legal action against their local public school districts. They argue that their right to a free and adequate education has been compromised.
Professor William A. Jacobson from Cornell Law School, who leads the Securities Law Clinic, spoke with Fox News Digital about the implications of these lawsuits, emphasizing a broader, systemic issue within the American public education system.
Jacobson stated, “These cases highlight a more serious problem in education. For every student taking legal action, there are potentially tens of thousands who lack a proper education. Many students get funneled through the system without being held accountable for their learning outcomes.” He criticized current policies that incentivize schools to promote students regardless of their readiness.
In a related political context, former President Donald Trump has been vocal about the shortcomings of the Department of Education. A White House fact sheet released recently asserts that the department has failed American students over the years. Plans from the previous administration aimed to dismantle the Department, transferring educational authority to the states.
The press release states, “Since 1979, the U.S. Department of Education has spent over $3 trillion with minimal measurable outcomes. Despite a 245% increase in per-pupil spending, there has been little to no improvement in student performance. Recent reports indicate that math and reading scores for 13-year-olds are at their lowest in decades, with a significant percentage of students lacking basic proficiency.”
In a notable ruling, a Tennessee appellate court found in favor of a student, William A., declaring that he had been deprived of his right to an adequate public education mandated by the Individuals with Disabilities Education Act.
The court’s decision highlighted that William graduated high school without the ability to read or even spell his name correctly. Circuit Judge Raymond Kethledge explained that the accommodations provided under his Individualized Education Plan obscured his significant literacy challenges.
To complete schoolwork, William relied on speech-to-text technology and artificial intelligence applications, which generated written assignments for him. He would edit these outputs with tools like Grammarly to ensure they met academic standards.
Despite having severe dyslexia, William completed 12 years of public education under an IEP yet graduated with a commendable 3.4 GPA, as court records reveal.
In the ninth grade, William’s special education teacher expressed serious concerns about his reading skills, warning school officials that he was completely unable to read. Despite these warnings, the Clarksville-Montgomery County School System continued to advance him through the grades.
The school system allegedly inflated his GPA to create the illusion of academic success, with claims that he was on track for a regular high school diploma despite lacking essential reading skills. When contacted for comment, CMCSS stated it does not discuss ongoing litigation.
Reports show that by March 2023, William struggled to consistently spell his name, and by June of the same year, his writing sample revealed he could produce only 31 words in three minutes, with half of those words being basic sight words.
Another case in Connecticut echoes William’s situation, where high school graduate Aleysha Ortiz alleged that despite her learning difficulties and IEP, she never received proper instruction in reading or writing throughout her years in the Hartford County public school system. Ortiz graduated with honors and secured admission to the University of Connecticut.
In her lawsuit, Ortiz describes her emotional and social struggles, which led to bullying throughout her schooling. She, like William, utilized assistive technology to support her learning needs and advocated for herself within the educational framework.
Despite being accepted into college, Ortiz expressed concern about her preparedness and potential challenges in obtaining necessary accommodations due to the lack of proper assessment from her school. She voiced her fears about how her foundational literacy skills might hinder her success in university.
Ortiz faced additional obstacles when it wasn’t until a month before graduation that her school district finally agreed to conduct the additional testing she had repeatedly requested.
Jacobson addressed the complexities that educators face, indicating they are trapped between conflicting demands. He noted the role of funding linked to student performance and the pressure from parents who want to see their children succeed. This dynamic can inadvertently lead to students being pushed through the education system without proper learning.
Amid these challenges, an increasing number of public school students have IEPs, which require individualized learning plans. Teachers, already burdened by ongoing staffing shortages, are tasked with meeting these legal requirements.
Jacobson acknowledged that while intentions may vary by district, the overwhelming reality is that some schools might prioritize expediency over the educational needs of students.
Recognizing the ongoing challenges in education, Jacobson reiterated the importance of parental involvement in literacy efforts. He suggested that parents should focus on fostering reading and writing skills rather than seeking litigation as a first step.
Justin Gilbert, William’s attorney, pointed out the urgent need for better training in dyslexia for educators, noting that up to 20% of students in the United States have dyslexia. He remarked that reading, often taken for granted, becomes a complex challenge for those outside the elementary educational phase, especially for those with learning disabilities.
Gilbert concluded by emphasizing that William’s situation serves as a critical reminder of the necessity for increased awareness and intervention for students diagnosed with dyslexia in public schools. There is a clear demand for educational reforms to ensure that children receive the quality education to which they are entitled.
As the legal cases progress and advocacy for educational reform continues, the plight of these graduates shines a light on significant gaps in the educational system that affect countless other students across the nation. Immediate action is necessary to address these failures and to safeguard the future of education in America.
