I didn't click on the link, but I'm pretty sure that all children in this country have the right to a Free and Appropriate Public Education, which if I'm not mistaken, includes learning to read. So unless this judge wants some serious backlash, he cannot take away a child's right to learn to read because he would be in violation of IDEA, which is a federal law.
Disclaimer: I am only responsible for what I say, not what you choose to understand.