Two females from Massachusetts take legal action against a publishing company and its writers, accusing them of providing faulty literacy products.
In a significant development, two Massachusetts women, Karrie Conley and Michele Hudak, have filed a lawsuit against Heinemann, an educational publisher, alleging deceptive and defective literacy practices. The lawsuit, filed earlier this week, claims that Heinemann marketed and sold inadequate products that lacked sufficient phonics instruction.
The plaintiffs, who are represented by Justice Catalyst Law, led by Ben Elga, and Kaplan & Grady, allege that Heinemann's products, including the "Units of Study" program, were falsely marketed as "research-backed" and "data-based." The lawsuit further claims that the program disregarded the importance of phonics and the failure of its context-based literacy strategies.
One of Conley's daughters struggled to learn to read using the "Units of Study" program. In a concerning incident, one of her teachers advised the girl to sit on her hands while reading, avoiding focus on individual words, and encouraging her to look instead to illustrations for clues.
Research has consistently shown that students typically learn to read by sounding words out, not by guessing what a hidden word might be. The lawsuit alleges that Heinemann's products, such as the "Units of Study" program, include lessons that ask students to guess words covered by a sticky note using a combination of meaning and syntax derived from the rest of the sentence.
Nancy Duggan, the executive director of Decoding Dyslexia-MA, expressed concern about the secrecy of these special education decisions, likening it to a tree falling in a forest. She told APM Reports that each "falling tree" (referring to the special education cases) represents a family spending their own money and time to fight for their child's education. Duggan also mentioned that parents in her organization have initiated similar special-education claims against their own districts, with most resulting in settlements under non-disclosure agreements.
The lawsuit against literacy curriculum companies is described as an "unbelievable national tragedy" by some sources. Ben Elga, the director of Justice Catalyst Law, stated that the defendants' curricula disregarded the importance of phonics and the failure of their context-based literacy strategies.
Conley and Hudak are asking a court to order the defendants to repay the money that families spend on tutoring. They are also seeking punitive damages. The case is significant due to Massachusetts courts being considered an attractive venue for the lawsuit due to the state's strong consumer protection laws and a hands-off approach to school curricula.
WBUR reports that this lawsuit could set a precedent for future litigation against educational publishers and could lead to significant changes in the way literacy is taught in schools. The outcome of this case will be closely watched by educators, parents, and advocacy groups across the nation.
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