Preciado v. Board of Education of Clovis Municipal Schools

Natalie Preciado (plaintiff) had a daughter (student) with suspected dyslexia who was enrolled in the Clovis Municipal School District (district) (defendant). Preciado and the district worked together to create an individualized education program (IEP) for the student’s second- through fifth-grade years. Each IEP was created by analyzing the student’s past performance and setting goals for the upcoming year. The district frequently based decisions on the student’s results from an assessment tool called Istation. However, Preciado never received an explanation of the Istation scores’ meaning or how the scores impacted the IEP goals. The student performed somewhat well on some standardized tests each year, but her teachers continuously reported that she could not read, write, or spell at grade level. The district did not substantially alter the student’s IEP each year and actually lowered academic goals for fifth grade. Preciado requested a due-process hearing over alleged violations of the Individuals with Disabilities Education Act (IDEA). The due-process hearing officer (DPHO) found that the district violated the IDEA by failing to meaningfully include Preciado in creating the student’s IEP and failing to provide the student with sufficient IEPs in the fourth and fifth grades. The DPHO awarded compensatory education and ordered an assistive-technology assessment for the student. The district and Preciado brought the case to federal district court for review.