OAH Special Education Decisions by Administrative Law Judge Judith L. Pasewark
79 decisions: student prevailed on all issues in 9, split in 18, district prevailed on all issues in 52.
Search and filter these decisions · 23 OAH orders by ALJ Judith L. Pasewark
- Student v. Manhattan Beach Unified School DistrictManhattan Beach Unified wins assessment and IEE claims after student moved out of district before the deadline.District prevailed on all issues
- Sweetwater Union High School District v. StudentSweetwater Union may implement its 2025 IEP and conduct a mental health assessment without parental consent.District prevailed on all issues
- Student v. Del Mar Union School DistrictDel Mar Union prevails on all 14 issues over a preschooler's initial assessment and speech-only IEP; its missed occupational therapy assessment caused no harm.District prevailed on all issues
- Anaheim Elementary School District v. StudentAnaheim Elementary may reassess a sixth grader without parental consent after Father refused in writing to consent to the triennial assessment plan.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified wins all six claims over a medically fragile preschooler's IEPs and private school placement.District prevailed on all issues
- Student v. Stockton Unified School DistrictStockton Unified prevails on all three claims involving child find, prior written notice, and a speech-language assessment for a fifth grader.District prevailed on all issues
- Garden Grove Unified School District v. StudentGarden Grove Unified may implement a student's May 2023 IEP, including a move to a moderate-severe special day class, without parent consent.District prevailed on all issues
- Corona-Norco Unified School District v. StudentCorona-Norco Unified may keep a second grader in its intensive intervention program for 45 more school days.District prevailed on all issues
- Hueneme Elementary School District v. StudentHueneme Elementary may reassess a student at sites it chooses, without the grandparent's conditions on location or her presence.District prevailed on all issues
- Rosedale Union Elementary School District v. StudentRosedale Union Elementary may reassess an eighth grader without parental consent after parents refused to sign its triennial plan.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified prevails on all five claims; student with Kleine-Levin Syndrome found not eligible for special education.District prevailed on all issues
- Charter Oak Unified School District v. StudentCharter Oak Unified's April 2022 initial multidisciplinary assessment upheld; district need not fund independent educational evaluations.District prevailed on all issues
- Sycamore Academy of Science and Cultural Arts, Chino Valley v. StudentSycamore Academy may conduct functional behavior and mental health assessments of an eight-year-old student without parental consent.District prevailed on all issues
- Student v. Bonita Unified School District (consolidated)Bonita Unified's triennial IEP offered a FAPE, but its distance learning denied FAPE; up to $18,000 in compensatory services ordered.Split decision: student prevailed on 1 of 9 issues
- Student v. Orcutt Union School DistrictOrcutt Union must provide 54 hours of counseling and social skills training for failing to implement IEP; four other claims denied.Split decision: student prevailed on 1 of 5 issues
- Student v. Bass Lake Joint Union Elementary School DistrictBass Lake Joint Union must fund 500 compensatory hours for a medically fragile preschooler after unclear IEP offers and undelivered services.Split decision: student prevailed on 5 of 11 issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's 2019 psychoeducational reassessment was appropriate, so the district need not fund an independent evaluation.District prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified must fund 190 compensatory hours and staff training over bullying, unkept IEP promises, and an unilateral placement change.Split decision: student prevailed on 6 of 11 issues (1 in part)
- Colton Unified School District v. StudentColton Unified's triennial assessments and general education IEP offer upheld; parent's requests for three IEEs denied.District prevailed on all issues
- Colton Unified School District v. StudentColton Unified's triennial assessments were appropriate and its general education IEP offered FAPE; no IEEs at public expense.District prevailed on all issues
- Student v. Downey Unified School DistrictDowney Unified's offer of nonpublic school placement at Olive Crest upheld as a FAPE in the least restrictive environment.District prevailed on all issues
- Student v. Capistrano Unified School District (consolidated)Capistrano Unified did not deny FAPE to student seeking TBI eligibility; district's request to defend court-ordered assessment also denied.Split decision: student prevailed on 1 of 9 issues (1 in part)
- Capistrano Unified School District v. StudentCapistrano Unified may place a nonverbal ninth grader with autism in the county Special Schools program without parental consent.District prevailed on all issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified must fund a student's Utah residential treatment placement and repay travel costs after denying a FAPE.Student prevailed on all issuesVanaman German LLP represented the student
- Student v. Escondido Union School DistrictEscondido Union must reimburse $25,018.40 for private services and travel and fund up to $1,500 in IEEs after denying FAPE.Split decision: student prevailed on 3 of 5 issues (2 in part)
- Student v. Capistrano Unified School DistrictCapistrano Unified must reimburse private school tuition and mileage after its 2016 IEP and missing 2017 IEP denied FAPE.Split decision: student prevailed on 4 of 6 issues
- Student v. Irvine Unified School DistrictIrvine Unified prevails on all claims; no functional behavior assessment, 1:1 aide, or reimbursement owed to student with autism.District prevailed on all issues
- Student v. Victor Valley Union High School DistrictVictor Valley Union High School District properly found that a student's bringing a gun to school was not a manifestation of his disability.District prevailed on all issues
- Chaffey Joint Union High School District v. StudentChaffey Joint Union High School District's offer of out-of-state residential treatment placement upheld as a FAPE in the least restrictive environment.District prevailed on all issues
- Student v. Los Alamitos Unified School DistrictLos Alamitos Unified wins dismissal after one divorced parent with joint custody revoked consent to special education.District prevailed on all issues
- Student v. Riverside Unified School DistrictRiverside Unified prevails on all six claims, including mental health assessment, auditory processing testing, Spanish notices, and FAPE.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must reimburse up to $41,600 in private school tuition for child find failures; June 2016 IEP upheld.Split decision: student prevailed on 2 of 3 issues
- Student v. Huntington Beach City School District (consolidated)Huntington Beach City School District must reimburse $32,755 for child find and 2015 IEP failures; its 2016 IEP upheld.Split decision: student prevailed on 5 of 7 issues
- Baldwin Park Unified School District v. StudentBaldwin Park Unified may move a student with an intellectual disability to a moderate/severe class without parental consent.District prevailed on all issues
- Murrieta Valley Unified School District v. StudentMurrieta Valley Unified may place third grader in Monte Vista behavioral class without parent consent, ALJ rules.District prevailed on all issues
- Garden Grove Unified School District v. StudentGarden Grove Unified's adult transition program offer and certificate of completion track upheld for 17-year-old with autism.District prevailed on all issues
- Student v. Tustin Unified School DistrictTustin Unified properly exited a gifted third grader with autism from special education; all of Student's claims denied.District prevailed on all issues
- Student v. Rosedale Union Elementary School DistrictRosedale Union Elementary predetermined its denial of vision therapy and must fund an independent assessment and interim therapy.Split decision: student prevailed on 1 of 2 issues
- Student v. Garvey School DistrictGarvey School District prevails; it had no duty to place or provide home instruction before learning the student left Alhambra.District prevailed on all issues
- Student v. Whittier City School DistrictWhittier City School District prevails on all claims; statute of limitations bars earlier child find claims for fourth grader.District prevailed on all issues
- Grossmont Union High School District v. StudentGrossmont Union High School District may reassess a ninth grader without parental consent after the mother repeatedly withheld consent.District prevailed on all issues
- Vista Unified School District v. StudentVista Unified may implement its May 2014 IEP placing a student with autism at Stein Education Center over parents' objections.District prevailed on all issues
- Capistrano Unified School District v. StudentCapistrano Unified's offer of a behavior intervention classroom at Wood Canyon Middle School upheld as a FAPE in the LRE.District prevailed on all issues
- Student v. Temecula Valley Unified School District (consolidated)Temecula Valley Unified must fund up to 50 counseling hours and an OT assessment; it may assess mental health without consent.Split decision: student prevailed on 3 of 13 issues (1 in part)
- Student v. Hermosa Beach City Elementary School DistrictHermosa Beach City Elementary's December 2009 general education offer gave a gifted student with autism a FAPE, ALJ rules on remand.District prevailed on all issues
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified violated Child Find for a senior with a brain injury; must fund $2,600 in tutoring and two assessments.Split decision: student prevailed on 1 of 5 issues
- San Dieguito Union High School District v. StudentSan Dieguito Union High School District's speech and PT assessments and nonpublic school IEP offer upheld; no IEEs owed.District prevailed on all issues
- Anaheim City School District v. StudentAnaheim City School District may assess a fifth grader without parental consent under its March 28, 2013 assessment plan.District prevailed on all issues
- Student v. Lake Elsinore Unified School DistrictLake Elsinore Unified prevails on all six claims from student with autism, including goals, placement, ESY, and IEE reimbursement.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified prevails on all claims as the ALJ upholds moving a 20-year-old to its adult transition program.District prevailed on all issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified must fund a $1,500 bilingual speech-language IEE by the assessor the parents chose, despite its $800 cap.Student prevailed on all issues
- Student v. Hermosa Beach City Elementary School DistrictHermosa Beach City Elementary offered a gifted student with autism a FAPE; Bridges Academy reimbursement denied, 2009-10 claim time-barred.District prevailed on all issuesVanaman German LLP represented the student
- Del Mar Union School District v. StudentDel Mar Union may place third grader in Torrey Hills special day class; offer found to provide FAPE in least restrictive environment.District prevailed on all issues
- Student v. Anaheim Union High School DistrictAnaheim Union High must reimburse $25,190 for Utah residential placement; 2009-2010 claims, including Child Find, denied.Split decision: student prevailed on 2 of 11 issues (2 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's physical and occupational therapy offer for a medically complex preschooler upheld; all requested relief denied.District prevailed on all issues
- La Mesa-Spring Valley School District v. StudentLa Mesa-Spring Valley School District fails to prove its general education placement offer with resource support provides FAPE.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified need not provide home-to-school busing for a student with a learning disability; school-to-school transportation upheld.District prevailed on all issues
- Encinitas Unified School District v. StudentEncinitas Unified's May 2010 IEP offering a special day class with mainstreaming provided FAPE, ALJ rules for the District.District prevailed on all issues
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified may award a regular diploma to a 19-year-old with a brain injury; ALJ finds no denial of FAPE.District prevailed on all issues
- Student v. Orange County Health Care Agency et al.Orange County Health Care Agency's mental health assessment denied FAPE; agency must reimburse residential and clinical costs at Waterfall Academy.Student prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified denied a FAPE during a 22-day disciplinary removal, but the ALJ denies compensatory education on remand.District prevailed on all issues
- Lodi Unified School District v. StudentLodi Unified may assess a student for special education without parental consent, ALJ rules after the district filed for hearing.District prevailed on all issues
- Anaheim City School District v. StudentAnaheim City School District's assessment upheld and most of its IEP found appropriate, but its failure to address attention behaviors denied FAPE.Split decision: student prevailed on 1 of 13 issues
- West Covina Unified School District v. StudentWest Covina Unified's 2008-2009 IEP did not offer a FAPE; ALJ denies district's request to implement it.Student prevailed on all issues
- Student v. Walnut Valley Unified School DistrictWalnut Valley Unified prevails on all claims; special day class placement and speech and OT services upheld for student with autism.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's nonpublic school offer for a 13-year-old with autism provided FAPE; no guaranteed female aide required.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified offered FAPE at an Orange County autism class; parent's $29,025 nonpublic school reimbursement claim denied.District prevailed on all issues
- Yucaipa-Calimesa Joint Unified School District v. StudentYucaipa-Calimesa's June 2007 IEP offer did not provide FAPE because it inaccurately described the new autism class.Student prevailed on all issues
- Student v. Newport-Mesa Unified School District (consolidated)Newport-Mesa Unified's assessments and autism class upheld, but it must add speech and OT and reimburse $14,241.Split decision: student prevailed on 2 of 8 issues (2 in part)
- Student v. Riverside Unified School District et al.Riverside Unified and Riverside County Mental Health must place deaf student at for-profit National Deaf Academy in Florida.Student prevailed on all issues
- Anaheim Union High School District v. StudentAnaheim Union High cannot reassess a parent-placed private school student without consent; district relieved of FAPE duty meanwhile.Student prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified must reimburse a Lindamood-Bell IEE and fund a vocational assessment and 10 tutoring hours; reading-services claims denied.Split decision: student prevailed on 3 of 10 issues (2 in part)
- Anaheim City School District v. StudentAnaheim City School District's 2005 psychoeducational assessment upheld, but the district must fund an independent functional analysis assessment.Split decision: student prevailed on 1 of 2 issues
- Poway Unified School District v. StudentPoway Unified may not override parents' refusal to consent to a triennial reassessment of their privately placed 19-year-old daughter.Student prevailed on all issues
- Paramount Unified School District v. StudentParamount Unified may reassess a sixth grader with a learning disability without parental consent before considering parents' exit request.District prevailed on all issues
- Student v. Torrance Unified School DistrictTorrance Unified must repay $25,268 in Village Glen tuition, fund the 2006-2007 placement, and pay for an IEESplit decision: student prevailed on 15 of 27 issues
- Student v. Capistrano Unified School DistrictCapistrano Unified prevails on all claims; student with depression and ADHD symptoms found ineligible for special education, 2002–2006.District prevailed on all issues
- Capistrano Unified School District v. StudentCapistrano Unified's psychoeducational assessment found appropriate; district need not fund parents' requested IEE.District prevailed on all issues
- Student v. Riverside Unified School District et al.Desert Sands and Riverside Unified prevail on all claims; family denied reimbursement for in-home ABA program and private evaluation.District prevailed on all issues