OAH Special Education Decisions by Administrative Law Judge Darrell Lepkowsky
62 decisions: student prevailed on all issues in 6, split in 35, district prevailed on all issues in 21.
Search and filter these decisions · 192 OAH orders by ALJ Darrell Lepkowsky
- Student v. Del Mar Union School District (consolidated)Del Mar Union must repay a $3,500 private assessment and fund 80 therapy hours; residential placement reimbursement denied.Split decision: student prevailed on 3 of 12 issues (3 in part)
- Chaffey Joint Union High School District v. StudentChaffey Joint Union High School District may place a student with autism at Bliss Academy without parental consent.District prevailed on all issues
- Student v. Fullerton School District (consolidated)Fullerton School District must fund an independent FBA, an expert observation, and $1,100; most of the student's claims were denied.Split decision: student prevailed on 3 of 48 issues (1 in part)
- Student v. Vista Unified School DistrictVista Unified did not need a manifestation review before moving to expel a student it had no basis to suspect had a disability.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must reimburse $42,990 in private school tuition after delaying assessment and wrongly finding a high-achieving student ineligible.Split decision: student prevailed on 5 of 9 issues (5 in part)
- Student v. Placentia-Yorba Linda Unified School DistrictPlacentia-Yorba Linda Unified must reimburse $37,491.41 in educational costs for April-June 2017 after making an illusory nonpublic school offer; residential placement claim denied.Split decision: student prevailed on 2 of 12 issues
- Student v. Capistrano Unified School District et al.Capistrano Unified must reimburse $704.06 and train staff over a delayed assessment and missing prior written notice; other claims denied.Split decision: student prevailed on 3 of 22 issues (2 in part)
- Student v. Bonsall Unified School District (consolidated)Bonsall Unified must reimburse $44,838.69 for Arch Academy tuition and transportation and cannot implement its 2016 IEP without consent.Split decision: student prevailed on 6 of 13 issues (3 in part)
- Student v. Dehesa Elementary School District et al.Dehesa Elementary and Community Montessori Charter changed a kindergartner's placement without consent or notice; $500, 42 compensatory hours, training ordered.Student prevailed on all issues
- Student v. Capistrano Unified School District et al. (consolidated)Capistrano Unified and Community Roots Academy should have found student eligible as other health impaired; $4,500 and 30 hours ordered.Split decision: student prevailed on 5 of 13 issues (5 in part)
- Student v. Lemon Grove School District (consolidated)Lemon Grove School District must pay $28,634.67 in Banyan Tree costs after leaving a student with no placement for four months.Split decision: student prevailed on 4 of 12 issues (2 in part)
- Student v. San Diego Unified School District (consolidated)San Diego Unified is the responsible district for a student with autism who moved into its boundaries in June 2015.Student prevailed on all issues
- Student v. Downey Unified School District (consolidated)On remand, Downey Unified must fund independent assessments in four areas it never assessed; implementation and delay claims denied.Split decision: student prevailed on 1 of 4 issues
- Student v. Spencer Valley Elementary School DistrictSpencer Valley Elementary must reimburse $13,974.82 and fund a year of RDI aide support; participation and summer school claims denied.Split decision: student prevailed on 2 of 4 issues
- Student v. California School for the Deaf, Riverside et al.Moreno Valley Unified and California School for the Deaf, Riverside, win deaf student's triennial speech and language assessment claim.District prevailed on all issues
- Student v. Spencer Valley Elementary School District (consolidated)Spencer Valley's predetermined placement denied FAPE and cannot be implemented; for implementation failures, it must fund up to $1,500 and inclusion training.Split decision: student prevailed on 4 of 12 issues (1 in part)
- Student v. Riverside Unified School DistrictRiverside Unified correctly found a student's firecracker conduct was not a manifestation of his ADHD; his challenge was denied.District prevailed on all issues
- Student v. Hemet Unified School District (consolidated)Hemet Unified's May 2013 preschool special day class offer upheld, but it cannot implement its January 2014 offer.Split decision: student prevailed on 1 of 4 issues
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified must provide 20 compensatory assistive technology sessions for a late communication assessment; all other claims denied.Split decision: student prevailed on 3 of 6 issues (3 in part)
- Vista Unified School District v. StudentVista Unified may implement its 2013 IEP for a sixth grader despite the parents' procedural objections.District prevailed on all issues
- Fallbrook Union Elementary School District v. StudentFallbrook Union Elementary may conduct an educationally related mental health assessment of a 14-year-old without his mother's consent.District prevailed on all issues
- Student v. Jurupa Unified School DistrictJurupa Unified did not deny FAPE by ending bus service or keeping student in his special day class.District prevailed on all issues
- Student v. El Centro Elementary School District (consolidated)El Centro Elementary must provide 15 hours of compensatory occupational therapy; its special day class offers are upheld.Split decision: student prevailed on 1 of 10 issues (1 in part)
- Student v. Anaheim Union High School DistrictAnaheim Union High must provide six hours of counseling and reimburse a private assessment after failing its child find duty.Split decision: student prevailed on 2 of 2 issues (1 in part)
- Student v. Temecula Valley Unified School District et al.Temecula Valley Unified and Keegan Academy charter must fund nonpublic school placement and reimburse parents after failing to implement IEPs.Split decision: student prevailed on 12 of 15 issues (6 in part)
- Encinitas Union School District v. StudentEncinitas Union wins all issues: its speech, psycho-educational, behavior, and OT assessments are upheld, and it owes no IEEs.District prevailed on all issues
- Placentia-Yorba Linda Unified School District v. StudentPlacentia-Yorba Linda Unified need not fund an IEE requested more than two years after its assessment.District prevailed on all issues
- Student v. Anaheim Union High School DistrictAnaheim Union High had a "basis of knowledge" that a 504-plan student might have a disability and must hold a manifestation determination.Student prevailed on all issues
- Student v. Los Angeles County Office of EducationLos Angeles County Office of Education denied a FAPE to a student in juvenile hall; ALJ orders residential treatment placement.Student prevailed on all issues
- Student v. Oceanside Unified School DistrictOceanside Unified's two-hour bus ride to a settlement-funded private school did not deny an autistic student a FAPE.District prevailed on all issues
- Yucaipa-Calimesa Joint Unified School District et al. v. StudentYucaipa-Calimesa Joint Unified proved its assessments were appropriate and that a bilingual preschooler was not eligible for special education.District prevailed on all issues
- Riverside Unified School District v. StudentRiverside Unified's offer of nonpublic school placement at Somerset upheld as a FAPE in the least restrictive environment.District prevailed on all issues
- Student v. Upland Unified School District et al.Upland Unified and West End SELPA must reimburse $6,999.25 for aides and speech therapy after failing to assess; tuition denied.Split decision: student prevailed on 2 of 4 issues
- Student v. Los Angeles County Office of Education et al.Los Angeles County Office of Education and state mental health department prevail; delayed residential placement after 2010 AB 3632 veto was not a FAPE denial.District prevailed on all issues
- Fullerton Joint Union High School District v. StudentFullerton Joint Union High School District's offer of an out-of-state residential treatment center placement upheld as a FAPE in the LRE.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified's error-filled written IEP denied FAPE; ALJ orders about $17,000 reimbursement and a funded Star Academy placement.Split decision: student prevailed on 1 of 6 issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified must repay $9,449 for summer reading program and fund 240 Lindamood-Bell hours; most claims denied.Split decision: student prevailed on 2 of 19 issues (2 in part)
- La Mesa-Spring Valley School District v. StudentLa Mesa-Spring Valley School District may place a kindergartner in its behavioral special day class at La Presa Elementary.District prevailed on all issues
- Student v. Clovis Unified School District (consolidated)Clovis Unified's assessments and modified IEP upheld; district owes 195 compensatory hours, including 20 for missed summer ESY.Split decision: student prevailed on 4 of 21 issues (3 in part)
- Clovis Unified School District v. StudentClovis Unified's offers of monthly resource consultation for a sixth grader's reading deficits denied FAPE; District's request for a FAPE ruling denied.Split decision: student prevailed on 4 of 12 issues
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified may reassess an 11-year-old autistic student on home instruction without parental consent, including a health assessment.District prevailed on all issues
- Santa Ana Unified School District v. StudentSanta Ana Unified's assessments upheld except its adaptive behavior assessment; district must fund an independent adaptive behavior evaluation.Student prevailed in part
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must reimburse $1,611 for a father's family therapy trip to a Colorado RTC, but not the mother's costs.Student prevailed in part
- Corning Union Elementary School District v. StudentCorning Union Elementary's IEP moving a student from home hospital instruction to a special day class offered a FAPE.District prevailed on all issues
- Student v. Riverside County Department of Mental HealthRiverside County Department of Mental Health did not have to provide a residential placement or more therapy; all claims denied.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must fund 30 missed Fast ForWord reading sessions for a graduated student; most other claims denied.Split decision: student prevailed on 3 of 8 issues (2 in part)
- Student v. Orange County Health Care AgencyOrange County Health Care Agency's out-of-state residential placement offer upheld; its failure to specify mental health services was harmless.District prevailed on all issues
- Student v. Brea Olinda Unified School DistrictBrea Olinda Unified must amend its interim offer to sixth grade with speech and aide services; 2005 claims barred.Split decision: student prevailed on 2 of 9 issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must provide counseling, career guidance, and a new transition plan; Utah residential and private school reimbursement denied.Split decision: student prevailed on 5 of 14 issues (5 in part)
- Student v. Coronado Unified School DistrictCoronado Unified failed to implement a ninth grader's IEP and predetermined its offer; ordered to provide 60.5 hours and $1,685.Split decision: student prevailed on 3 of 14 issues
- Student v. Redlands Unified School DistrictRedlands Unified must fund 430 tutoring hours, 390 Lindamood-Bell hours, a year of in-home ABA, and an independent FAA after multiple FAPE denials.Split decision: student prevailed on 12 of 15 issues (2 in part)
- Student v. Solana Beach School District (consolidated)Solana Beach School District must repay $6,100 in preschool tuition and provide an aide; SDC offer violated LRE requirements.Split decision: student prevailed on 2 of 9 issues (1 in part)
- Student v. Murrieta Valley Unified School DistrictMurrieta Valley Unified prevails; ALJ finds it never offered Big Springs nonpublic school placement and did not predetermine its offer.District prevailed on all issues
- Student v. Hacienda La Puente Unified School DistrictHacienda La Puente Unified must provide a trained aide and transition plan for a preschooler with autism; four other claims denied.Split decision: student prevailed on 2 of 6 issues
- Student v. Poway Unified School District (consolidated)Poway Unified must repay $6,000 in private school tuition and provide 20 hours of transition services; most other claims denied.Split decision: student prevailed on 7 of 15 issues (1 in part)
- Chula Vista Elementary School District v. StudentChula Vista Elementary's August 2006 IEP was not a FAPE because assessments were incomplete and required teachers were absent.Student prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must reimburse $32,004.50 for Utah residential treatment after failing to assess a high schooler despite parent's request.Split decision: student prevailed on 4 of 4 issues (1 in part)
- Student v. San Diego Unified School DistrictSan Diego Unified prevails on all claims over a 21-year-old's TRACE transition placement, services, and IEP implementation.District prevailed on all issues
- Student v. Temecula Valley Unified School DistrictTemecula Valley Unified must reimburse about three and a half months of autism services and private tuition after failing to assess.Split decision: student prevailed on 3 of 12 issues (2 in part)
- Poway Unified School District v. StudentPoway Unified's December 2005 special day class offer provided a FAPE; its later nonpublic school offer did not.Split decision: student prevailed on 1 of 7 issues
- Student v. Irvine Unified School DistrictIrvine Unified denied FAPE by narrowing occupational therapy and must reimburse private OT services, reassess, and rewrite goals.Split decision: student prevailed on 6 of 10 issues (1 in part)
- Student v. Newport-Mesa Unified School DistrictStudent with autism lived within Newport-Mesa Unified's boundaries; ALJ denies district's motion to dismiss for lack of residency.Student prevailed on all issues