California's New Dyslexia Screening Law: It’s Not "Optional" Anymore
If you are a parent in California, you have likely heard rumors of a "new law" that forces schools to screen for dyslexia. You might have searched for AB 1172, only to find confusing text about private schools and behavior training.
Let’s clear up the confusion immediately so you can advocate effectively.
The "Correction": Knowing the Right Statute
Many parents cite the wrong law and get ignored. Here is the distinction:
- AB 1172 is a 2019 law that primarily protects special education students in Non-Public Schools (NPS) regarding behavioral restraints.
- The Screening Law you are looking for is SB 114, which added Education Code § 53008.
This is the game-changer. After years of being one of the only states without mandatory screening, California has finally joined the rest of the country. As of the 2025-26 school year, this is the law of the land.
The Mandate: What EC § 53008 Actually Says
For decades, California schools operated on a "wait to fail" model—waiting for a child to fall two years behind before testing them. EC § 53008 kills that model.
The New Requirements:
- Who: Every Local Education Agency (LEA) must screen all students in Kindergarten, Grade 1, and Grade 2.
- When: Starting in the 2025-26 school year and annually thereafter.
- What: They must use a state-approved screening instrument (like DIBELS or Amira) to assess for risk of reading difficulties, including dyslexia.
- Transparency: Parents must be notified of the results within 45 calendar days.
The Trap: "The Screener is Not an Evaluation"
This is where 90% of parents will get stuck this year.
Your school might send home a letter saying: "Good news! We screened your child and they are not at risk."
Do not take this as gospel. A "Screener" is a 5-minute check-up. It is not a diagnostic tool. It misses many "stealth dyslexics"—bright kids who have memorized words but cannot decode.
Legal Fact: A screener result (Pass or Fail) cannot be used to deny a parent's right to a full comprehensive evaluation under the IDEA (Child Find).
What If My School Hasn't Screened Yet?
Since we are in the inaugural year (2025-26), many districts are chaotic. They may be delayed in picking a tool or training staff.
If you suspect dyslexia, do NOT wait for the mandated screening.
If you wait for the district to "get around to it," you lose months of intervention time. You have the right to bypass the screener entirely and request a full Special Education Evaluation immediately.
How to Force the Issue (The Demand Letter)
If your child is struggling and the school is hiding behind "new protocols" or "waiting for the screener," you need to send a formal demand letter citing the correct code.
"I am requesting a full psycho-educational assessment for my child under Child Find.
While I understand the District is implementing universal screening under Education Code § 53008, federal guidance is clear that 'screening' cannot be used to delay a requested evaluation for special education.
My child is exhibiting the following red flags for dyslexia: [List them]. Please provide an Assessment Plan within 15 days."
Don't Let Them "Wait and See"
The new law is a victory, but only if it's enforced. If you are stuck in the "we're waiting for the screener" loop, you need to break out of it.
I have created a California Parent Demand Letter specifically for this transition period. It clarifies that you are not asking for a "screener"—you are asking for a full diagnostic evaluation.
Download the CA Dyslexia Demand Letter (Coming Soon)Use the new law as a shield, not an excuse for delay.
What If You Want the Complete Strategy?
Getting the screening is just the start. If your child is flagged, you need to know how to turn that data into an IEP with real intervention.
The IEP Battle Plan guides you through the eligibility process:
- How to ensure the full evaluation includes phonological processing (not just IQ).
- How to fight back if they offer a 504 Plan instead of an IEP.
- Negotiation scripts for getting evidence-based reading programs.
$497 one-time payment. Lifetime access.
Learn more about the Battle Plan →Frequently Asked Questions
Does EC § 53008 apply to private schools?
No. California Education Code generally applies to Local Education Agencies (public districts and charter schools). Private schools are not mandated to screen under this specific law.
What happens if my child fails the screener?
The law requires the district to share the results with you within 45 days. If a risk is identified, best practice mandates they provide intervention or refer for a full special education evaluation.
Is AB 1172 relevant to dyslexia at all?
AB 1172 focuses on Non-Public Schools (NPS) and behavioral training. While important for special education placement, it is NOT the statute that mandates universal dyslexia screening in public schools.
Can I opt out of the screening?
Yes, parents generally have the right to opt out of assessments. However, if you suspect reading difficulties, the screener can be a useful data point to force the school to act.
Related Resources
For more on California special education:
- California IEP Laws - The broader rights you have in CA.
- Requesting an Independent Evaluation - If the district says your child is "fine" but you disagree.
- California IEP Timelines - Ensure the full evaluation happens on time.
Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.