For many years, “Balanced Literacy ” was considered the gold standard of reading instruction; it encouraged students to use context clues, Then came the fervor for the “Science of Reading,” which emphasized phonics. The reading wars dominated the education world for nearly two decades. Reading instruction across the nation changed to reflect the pro-phonics emphasis.
But then a group of parents went to court to close down the teaching of Balanced Literacy, and they sued Dr. Calkins. They blamed her for students’ test scores and their poor reading skills.
Sarah Schwartz of Education Week reported:
A first-of-its-kind lawsuit against three influential reading professors and their controversial literacy curricula has been dismissed, after a U.S. District Court declined to wade into the murky landscape of curriculum quality and education research.
Last year, a group of parents filed the lawsuit, which alleged that the professors and their publishers used “deceptive and fraudulent marketing” to sell their popular reading materials.
The case, brought by two parents from separate families in Massachusetts, centers on two sets of reading programs, one created by Lucy Calkins, an education professor at Teachers College, Columbia University, and the other by reading researchers Irene Fountas and Gay Su Pinnell, of Lesley University and The Ohio State University, respectively.
The parents argued that the creators, publishers, and promoters of the curricula—Calkins’ Units of Study for Teaching Reading and a suite of Fountas & Pinnell branded materials—violated consumer protection law in the state by making false claims about the research supporting their programs.
Publishers said that the programs were backed by research even though, the plaintiffs claimed, they omitted or diminished the role of phonics instruction, which decades of reading research has demonstrated is a key component of teaching young children how to decode print.
On Thursday, a judge of the U.S. District Court for the District of Massachusetts determined that the court could not grant a decision in the case, because it would require passing judgement on the quality of the reading programs in question—a task that the court said it is not equipped to perform.

Smart of the court to bow out on this.
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Resources for Teachers: How Not to Teach a Child to Read and How to Do It Properly, Part 1
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Resources for Teachers: How Not to Teach a Child to Read and How to Do It Properly, Part 2, Phonics
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How Not to Teach a Child to Read and How to Do It Properly, Part 3, Grammar
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How Not to Teach a Child to Read and How to Do It Properly, Part 4, Vocabulary and World Knowledge
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How Not to Teach a Child to Read and How to Do It Properly, Part 5, Kairos and World Knowledge
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No, that’s a misreading. They sued Calkins et al. because the program did not include sufficient phonics, properly sequenced and done as a unit, as the research suggests it should be for most kids. But, ofc, kids differ.
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I put in the exactly wrong word!
They sued against Balanced Literacy.
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All the major basal reading programs now include some phonics, but they don’t do it systematically, all at one, in order. I call it the Monty Python “and now for something completely different” approach to curricular sequencing.
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”ofc, kids differ” is the best advice. There are many ways to become great readers.
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Absolutely!!!!
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Nailed it, Kathryn!
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I could give a semester-long course on the false claims of educational marketers. The CONSTANTLY cook the “research,” and the programs are almost never written by the people who are the purported “authors.” This is true across the industry. All that stuff at the beginnings of the teachers’ editions about the consultants from actual classrooms and schools who worked on the program? Mostly bs. The names of the authors on the spine and title pages? Mostly bs. The research backing the program? Cherry picked and made up. Typically OUTRIGHT LIES, and they know this. I’ve watched this first-hand in just about all the major educational publishing houses.
I worked on a big basal grammar and composition program, for example, supposedly authored by a famous writing pundit. What did he write of the program?
One paragraph. I am not kidding. ONE PARAGRAPH.
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I put in exactly the wrong word!
They sued against Balanced Literacy.
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Just writing to back up Bob Shepherd, having been fired by Scholastic (was an educational consultant on “Read 360”) for pointing out that the research was, to be generous, faulty–claiming the product was independently successful, but ignoring the parent-student-teacher contracts and 1-to-1 instruction that were incorporated into the study. Of course that didn’t stop them from making a mint on the product.
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Thank you, Bob, for the thorough explanation and videos (to be watched soon). If only the people writing laws relied on you and other experts with experience.
I’m all for one lone voice being heard and if their argument holds water, let it spread. However, how many bills result from too much time and credence given to a handful of parents with a Facebook page used to rile up disgruntled parents and legislators who are angry about… everything.
Furthermore, unless schools are teaching hate, violence, scientific misinformation, and history negligent of facts and white-washing history – legislators should keep their hands off curriculum and instruction (and assessment). Some argued that reading is science and the three-cueing MSV approach HURT children (and when debated, they stuck to the words “it is hurting children.” C’mon.
And, in Missouri…
For the geeks in the room who read bills and laws and the legal jargon, here is the actual Missouri law.
The “Reading Instruction Act” passed in Missouri and headed to the Governor’s desk (as part of a 134-page omnibus bill).
170.014. 1. This section shall be known as the “Reading Instruction Act” and is enacted to ensure that all public schools including charter schools establish reading programs in kindergarten through grade five based in scientific research.
“Evidence-based reading instruction” includes practices that have been proven effective through evaluation of the outcomes for large numbers of students and are highly likely to be effective in improving reading if implemented with fidelity. Such programs shall include the essential components of phonemic awareness, phonics, fluency, vocabulary, and comprehension, and all new teachers who teach reading in kindergarten through grade three shall receive adequate training in these areas.
14 2. (1) For purposes of this subsection, “three-cueing system” means any model of teaching students to read based on meaning, structure and syntax, and visual cues, which may also be known as “MSV”.
(2) A public school district or charter school shall provide reading instruction in accordance with the following requirements:
(a) Phonics instruction for decoding and encoding shall be the primary instructional strategy for teaching word reading;
(b) Instruction in word reading shall not rely primarily on strategies based on the three-cueing system model of reading or visual memory; and
(c) Reading instruction may include visual information and strategies that improve background and experiential knowledge, add context, and increase oral language and vocabulary to support comprehension, but such visual information and strategies shall not be used to teach word reading.
3. Every public school in the state shall offer a reading program as described in subsection 1 of this section for kindergarten through grade five.
And, the kicker is that after all the time and rants about controlling what schools must do, the bill is no more than a suggestion: “Instruction in word reading shall not rely primarily on strategies based on the three-cueing system model of reading or visual memory;”
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99% of what comes out of the Missouri Legislature and signed by the governor is rot. For the other 1%. . . well, even a blind and anosmic squirrel finds an acorn every now and again.
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This is somehow more tragic in Missouri. I know so many well-educated people from the state I have met down through the years.
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What do you think of the portion of the Missouri omnibus education bill that adds a grade level designation to the MAP test results? State Representative Brad Pollitt used to be a school district superintendent. It sounds like he backed it to counter unfortunate things that State Senator Bill Eigel was asserting. The Missouri Independent news website has a story about the addition of the grade level wording.
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It struck me, reading about the reading controversy for the umpteenth time, that the people who have deep distrust of top down reform often feel justified in their distrust due to the way money spent on these programs seem always to take up outsized portions of the budget. As a teacher, I was always cynical about government efforts to buy computers to make my job easier instead of helping keep my salary up with inflation.
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This was a ridiculous, frivolous lawsuit. There is no scholarly research that validates the so-called science of reading. There are many effective ways to teach reading. Anyone that disagrees with a particular method or author can simply choose to use other materials or approaches without taking the author to court.https://nancyebailey.com/2022/10/16/9-concerns-about-the-science-of-reading-why-its-not-settled-science/
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Let me know when someone proclaims “the science of mathematics,” “the science of history,” or the claim of absolute authority for any pedagogy for any subject.
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Very true. The assertion of absolute truth needs a warning label.
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So glad the lawsuit got tossed. Indeed it was frivolous.
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This is a sad exemplar, however, of how effective these guys are at messaging and modeling it so “Moms Against _______ (fill in the blank)” message as effectively.
It IS a frivolous lawsuit, but here we are reading and talking about it. All his followers know is “Wow, some parents sued those whole language people who have been hurting public school kids all these years.”
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Missouri,
WordPress has something against you.
Every single comment you make is put into moderation.
That is, not posted without my approval.
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Agreed, retired teacher. I think that what most matters is that kids have wonderful experiences with reading in the company of an adult who genuinely cares about them.
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Because decoding print is not the same as reading.
is there a place for phonics? Sure. It’s one tool. All the kids need all the tools, because not all tools work for all kids.
Why do they want to discredit these teachers and get rid of these programs? Because they work.
Thank you, Judge.
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