Orton-Gillingham and the IDEA: analysis of the frequency and outcomes of case law

The Individuals with Disabilities Education Act grants dissatisfied parents of students with disabilities the right to pursue legal remedies. In 2007, Rose and Zirkel found that parents of students with reading disabilities seeking Orton-Gillingham (OG) instruction under the IDEA's central obligation for a free appropriate public education (FAPE) were largely unsuccessful in their complaints. Since that review, various factors had the potential to influence the frequency and outcomes of OG-related case law-namely, the peer-reviewed research requirement of the IDEA and growing awareness of the need for specialized reading instruction. Our updated analysis of OG-related case law revealed an increase in the number of cases but similar district-favored outcomes identified by Rose and Zirkel. In particular, the relaxed substantive FAPE standard and deference to local and state authorities diminished the likelihood of parents prevailing in their requests. Implications for parents, school district personnel, special education professionals, and education researchers are presented.

Era

Federal regulations for special education services have focused primarily on procedural issues since the Rowley decision, which held that Individualized Education Programs (IEPs) need only be reasonably calculated to yield educational benefit. However, the minimum threshold for benefit has changed with the recent Endrew F. decision as IEPs must yield more than de minimis progress. To ensure sufficient progress toward the achievement of ambitious goals, schools must develop IEPs that meet procedural and substantive requirements, employ interventions with clear evidence of effectiveness, effectively measure student response to services, and to communicate this information with parents/guardians so that they can actively participate in this process. Manuscripts invited for this special issue include investigations of IEP quality; co-teaching; intervention studies in reading, writing, and mathematics; meta-analytic findings regarding social studies education; and a discussion of the implications of Endrew F. for different student disability populations. These papers discuss challenges faced by stakeholders with vested interests in students with disabilities as well as areas of continued development and refinement in evidence-based practice.