If what I said about DS rings true with you about yours, based on my experiences with my DS I would encourage you to find phonics instruction outside the school. While our school was willing to help him to some degree, what they could offer was not enough. Also because he wasn't behind grade level (yet) in spelling/writing, legally they didn't have to do anything. We have found the direct phonics/spelling instruction where his private tutor is teaching him the "rules" to be working really well. She uses the Wilson Reading program.
