Latest Decisions

• Oct 24 2022 IEP Goals Must Be Clear and Measurable
  • October 24, 2022

  Janeen Steel of Vanaman German LLP recently represented a student in a due process matter filed against the student by the Fruitvale School District. Known as Fruitvale School District v. Student CASE NO. 2022080234 (2022). Fruitvale sought to implement an IEP to which the family of the student objected. After a four day hearing, the… Continue reading IEP Goals Must Be Clear and Measurable

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• Feb 22 2022 Deaf Preschooler with Cochlear Implants
  • February 22, 2022

  The parents of a deaf 3-year-old sought reimbursement for placement of their daughter in a non-public school with an inclusion model, which included hearing peers in the classroom with the deaf students. The District argued that their self-contained classroom with only deaf students was less restrictive because it was on a public-school campus. Additionally, Vanaman… Continue reading Deaf Preschooler with Cochlear Implants

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• Feb 22 2022 Intellectually Disabled High School Student
  • February 22, 2022

  For one client, the parent of an intellectually disabled teenager, attorneys from Vanaman German LLP successfully tried the matter before an Administrative Law Judge, who held that it is the District’s responsibility to make a specific offer of placement at an IEP. Simply stating that the student would attend a non-public school was not sufficient under… Continue reading Intellectually Disabled High School Student

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• Jan 25 2021 Preschool Student Denied FAPE by Teacher’s Abuse
  • January 25, 2021

  OAH case no 2019101130, Parent v. Los Angeles Unified School District. Preschool student was violently shaken by his teacher in one incident and placed outside the classroom to sleep on a dirty rug in another.  School Principal testified that the rug incident was inappropriate and that he intervened, but that he took no action to… Continue reading Preschool Student Denied FAPE by Teacher’s Abuse

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• Jan 25 2021 Reversal of Manifestation Determination Finding and Expungement of Expulsion from Student Record
  • January 25, 2021

  OAH case no 2020050048, Parent v. Santa Paula Unified School District. District convened a manifestation determination review IEP at which, contrary to evidence in Student’s records, it found that Student’s participation in a fight with a peer was not related to her disability. She was subsequently expelled. District argued that only information related to Student’s… Continue reading Reversal of Manifestation Determination Finding and Expungement of Expulsion from Student Record

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• Dec 02 2020 Were the Parents Entitled to Independent Assessments Funded by the District?
  • December 02, 2020

  OAH case no. 2020060522, Garvey School District v. Student Garvey School District conducted a psychoeducational assessment, a speech and language assessment, and an occupational therapy assessment. Parents disagreed with the psychoeducational assessment and the speech and language assessment, stating that the District failed to assess their child in all areas of suspected disability and asked… Continue reading Were the Parents Entitled to Independent Assessments Funded by the District?

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• Dec 02 2020 Least Restrictive Environment and Specificity of Offer of Services
  • December 02, 2020

  OAH case no. 2020060522, Parent v. Los Angeles Unified School District A family with a preschool-aged deaf and hard of hearing (“DHH”) student with cochlear implants sought to have the student placed in a school where she could be taught alongside typical hearing peers. This was crucial so that she could pick up the language… Continue reading Least Restrictive Environment and Specificity of Offer of Services

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• Feb 28 2020 Denial of Appropriate Program Due to Abuse by Behavioral Aide
  • February 28, 2020

  OAH case no. 2019090404, Parent v. Santa Monica-Malibu Unified School District Court determined that Santa Monica-Malibu denied Student a free appropriate public education during the 2017-2018 school year by failing to implement Student’s positive behavior support and by using corporal punishment and aversive behavioral interventions on Student. Court made factual findings that behavioral aide caused… Continue reading Denial of Appropriate Program Due to Abuse by Behavioral Aide

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• Feb 28 2020 Federal Discrimination Claims Did Not Require Administrative Exhaustion
  • February 28, 2020

  Federal Discrimination Claims Based on Failure to Accommodate Student’s Preferred Communication Method Did Not Require Administrative Exhaustion Federal District Court for Southern District of California case no. 3:18-cv-00321 BEN-BLM, Order Denying San Dieguito Union High School District’s Motion to Dismiss for Failure to Exhaust Administrative Remedies Court denied District’s motion to dismiss Student’s claims under… Continue reading Federal Discrimination Claims Did Not Require Administrative Exhaustion

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• Feb 28 2020 Defense of Inclusive Placement and Program
  • February 28, 2020

  OAH case no. 2018060323, Goleta Union School District Court determined that Student, whose basis of eligibility of special education services was Intellectual Disability, had been making progress in his general education-based program. District’s request to increase Student’s time out of the general education classroom was denied. Court awarded family additional inclusion support to facilitate Student’s… Continue reading Defense of Inclusive Placement and Program

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