California OAH Special Education Decisions from 2008
102 decisions: student prevailed on all issues in 11, split in 43, district prevailed on all issues in 48.
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- Student v. San Diego Unified School DistrictSan Diego Unified provided FAPE on an integrated campus; guardian's requests for private school reimbursement and nonpublic placement denied.District prevailed on all issues
- 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. Lakeside Joint Elementary School DistrictLakeside Joint Elementary prevails: ALJ finds 12-year-old student not eligible for special education under emotional disturbance.District prevailed on all issues
- Student v. Carlsbad Unified School DistrictCarlsbad Unified wins on all claims; parents' refusal to consent to reassessment excused the lack of new IEP offers.District prevailed on all issues
- Fort Bragg Unified School District v. StudentFort Bragg Unified may place a fifth grader at Edgewood residential school for up to 45 school days as an interim setting.District prevailed on all issues
- Student v. Compton Unified School DistrictCompton Unified denied FAPE by skipping a requested behavior assessment; must fund independent FAA and neuropsychological evaluation.Split decision: student prevailed on 9 of 9 issues (1 in part)
- Student v. Adelanto Elementary School District (consolidated)Adelanto Elementary owes 210 Lindamood Bell hours and 114 speech therapy hours for missed eligibility; may conduct behavior assessment.Split decision: student prevailed on 5 of 12 issues (1 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: open IEP pending parents' choice of nonpublic school offered FAPE; no Bridges Academy reimbursement.District prevailed on all issues
- Student v. Baldwin Park Unified School District et al.Baldwin Park and Covina-Valley Unified prevail on all claims over auditory-verbal therapy, oral placement, and response to peer misconduct allegations.District prevailed on all issues
- Student v. San Benito High School DistrictSan Benito High School District must add IEP goals and a VI specialist in math and provide 50 compensatory hours to a blind student.Split decision: student prevailed on 3 of 5 issues (1 in part)
- Mt. Diablo Unified School District v. StudentMt. Diablo Unified may reassess a high school student at Children's Health Council without parental consent and must pay family travel costs.District prevailed on all issues
- Student v. Chico Unified School DistrictChico Unified prevails after Student's father leaves hearing without offering evidence on IEE and records claims.District prevailed on all issues
- Student v. Lawndale Elementary School District (consolidated)Lawndale Elementary must assess a student's elopement behavior and fund 20 speech therapy hours; its nonpublic school offer denied FAPE.Student prevailed on all issues
- Sequoia Union High School District v. StudentSequoia Union High School District's offer of a special day class placement for a 15-year-old autistic student upheld as FAPE.District prevailed on all issues
- Student v. Bakersfield City School DistrictBakersfield City School District must revise a BIP and give 12 months of social skills training; claim to bring dog to school denied.Split decision: student prevailed on 3 of 5 issues (3 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must reimburse private school tuition after relying only on test scores to find a student ineligible.Split decision: student prevailed on 4 of 7 issuesVanaman German LLP represented the student
- 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
- Murrieta Valley Unified School District v. StudentMurrieta Valley Unified's offer of a severely handicapped special day class for a kindergartner was a FAPE in the LRE.District prevailed on all issues
- Student v. Hermosa Beach City School District (consolidated)Hermosa Beach City School District offered a FAPE; parents' claim for nonpublic school reimbursement at Summit View denied.District prevailed on all issues
- Student v. San Mateo Union High School District (captioned as "San Mateo Unified High School District") et al.San Mateo Union High School District must repay $40,861.60 for private high school; claim for residential drug treatment costs denied.Split decision: student prevailed on 4 of 12 issues
- Student v. Covina-Valley Unified School DistrictCovina-Valley Unified's offer of aural rehabilitation therapy instead of auditory verbal therapy provided FAPE; all relief denied.District prevailed on all issues
- Student v. Lancaster Elementary School DistrictLancaster Elementary must provide 36 hours of speech therapy and five OT sessions; most other claims denied.Split decision: student prevailed on 2 of 13 issues (1 in part)
- Student v. Modesto City Schools (consolidated)Modesto City Schools must fund an intensive one-to-one ABA program and repay $2,298.75 after refusing to discuss parents' placement request.Split decision: student prevailed on 5 of 14 issues
- Student v. Torrance Unified School DistrictTorrance Unified prevails: the IEP did not promise home hospital instruction, and the parent never signed the math placement change.District prevailed on all issues
- Student v. Los Angeles Unified School District (consolidated)Los Angeles Unified should have found student eligible in February 2007; no remedy ordered; student no longer eligible as of May 2008.Split decision: student prevailed on 1 of 5 issues
- Student v. Garvey School DistrictGarvey School District's speech therapy offer denied FAPE; ALJ orders more individual school-based therapy but denies clinic services.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's offer of two hours of weekly physical therapy for a preschooler upheld; parent's request for three hours denied.District prevailed on all issues
- Student v. San Miguel Joint Union School District (consolidated)San Miguel Joint Union must fund 12 months at Heartspring residential school after failing to deliver a settlement home ABA program.Split decision: student prevailed on 9 of 13 issues (3 in part)
- Val Verde Unified School District v. StudentVal Verde Unified's triennial psychoeducational assessment was inappropriate; Student gets psychoeducational and OT IEEs at public expense.Student prevailed on all issues
- Student v. Glendale Unified School District (consolidated)Glendale Unified must fund an independent evaluation after flawed testing undermined its finding that an eighth grader was ineligible.Student prevailed on all issues
- Student v. Ravenswood City School DistrictRavenswood City School District must fund independent behavior and psychoeducational assessments; eligibility and nonpublic school claims denied.Split decision: student prevailed on 1 of 3 issues
- San Ramon Valley Unified School District v. StudentSan Ramon Valley Unified may conduct a triennial reassessment without parental consent; the parents' request for an IEE at District expense is denied.District prevailed on all issues
- Student v. Anaheim City School District (consolidated)Anaheim City School District must fund 750 hours of compensatory ABA and repay $1,661 for unaddressed behavior needs; IEE denied.Split decision: student prevailed on 2 of 8 issues (2 in part)
- Student v. San Diego Unified School DistrictSan Diego Unified's offer to move a fourth grader to an emotional disturbance class denied FAPE; other claims denied.Split decision: student prevailed on 1 of 6 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. Simi Valley Unified School District (consolidated)Simi Valley Unified prevails on every claim brought by a blind 22-year-old student; ALJ upholds her age-out exit.District prevailed on all issues
- Student v. Acalanes Union High School DistrictAcalanes Union High must reimburse $27,800 for Orion Academy and fund a year of therapy; six claims denied.Split decision: student prevailed on 8 of 14 issues
- Carlsbad Unified School District v. StudentCarlsbad Unified's 2008 general education IEP offer with learning center support offered a FAPE; district may implement it without parent consent.District prevailed on all issues
- Student v. Newman-Crows Landing Unified School DistrictNewman-Crows Landing Unified violated child find by not assessing a kindergartner; IEE ordered, but eligibility claim denied.Split decision: student prevailed on 1 of 2 issues (1 in part)
- Student v. Garvey School DistrictGarvey School District prevails: no SIPT-certified assessor required, OT assistant at IEP proper, private OT evaluation not reimbursed.District prevailed on all issues
- Student v. Corona-Norco Unified School DistrictCorona-Norco Unified must reimburse $90,453.55 for private school, ABA, reading and speech services after denying FAPE for two years.Split decision: student prevailed on 8 of 11 issues (2 in part)
- Student v. Saddleback Valley Unified School DistrictSaddleback Valley Unified wins a bifurcated hearing: the two-year limit applies and Parents' request to waive it is denied.District prevailed on all issues
- Student v. San Bruno Park School DistrictSan Bruno Park School District must provide 202 compensatory hours for failing to implement an autistic student's BIP, speech, and APE.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all claims over a middle schooler's full-inclusion placement, aide supervision and health needs.District prevailed on all issues
- Student v. Manteca Unified School DistrictManteca Unified must return a 17-year-old student to her placement after ALJ finds kicking incident was a manifestation of disability.Split decision: student prevailed on 1 of 3 issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's four assessments of a first grader were appropriate; parent's request for publicly funded IEEs denied.District prevailed on all issues
- Student v. Pleasanton Unified School DistrictPleasanton Unified prevails on all six claims; autistic student's communication-disorder class met his needs without an aide or more ABA.District prevailed on all issues
- Student v. West Covina Unified School DistrictWest Covina Unified must reimburse $43,197.50 for Stowell Learning Center services and transportation and fund independent AT and behavior assessments.Split decision: student prevailed on 23 of 48 issues (7 in part)
- San Jacinto Unified School District v. StudentSan Jacinto Unified's IEP moving a student from home instruction to high school did not offer FAPE because it lacked accommodations.Student prevailed on all issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified must reimburse $24,269.11 for Reading Learning Center services after speech, goal, ESY and LRE failures.Split decision: student prevailed on 5 of 16 issues (3 in part)
- Student v. Monrovia Unified School DistrictMonrovia Unified must reimburse $780 and provide 63 hours of compensatory speech therapy; preschool placement claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's Leichman placement upheld, but District must provide door-to-door transportation and a functional behavioral assessment.Split decision: student prevailed on 2 of 9 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must reimburse a parent $116.16 in transportation mileage; claims about hearing tests, speech, phonics, and one-to-one instruction denied.Split decision: student prevailed on 1 of 6 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)
- 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. Lancaster Elementary School DistrictLancaster Elementary School District wins all four claims over a mental health referral that stalled because the parents kept the signed consent form.District prevailed on all issues
- Simi Valley Unified School District v. StudentSimi Valley Unified's psychoeducational assessment upheld; no publicly funded IEE, and student found not eligible for special education.District prevailed on all issues
- 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
- Chula Vista Elementary School District v. StudentChula Vista Elementary's special day class offer was not the least restrictive environment for a first grader with language delays.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails; ALJ refuses parents' request to exit their fifth grader with ADHD from special education.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's school bus with a one-on-one aide was appropriate transportation; parent's request for taxi transportation denied.District prevailed on all issues
- Student v. Capistrano Unified School District (consolidated)Capistrano Unified must reimburse $79,641.20 for home ABA and a speech IEE after failing to reassess behavior in 2006.Split decision: student prevailed on 4 of 23 issues (4 in part)
- Sequoia Union High School District v. StudentSequoia Union High School District may reassess a high school student without parental consent, using its own qualified staff.District prevailed on all issues
- Student v. Dublin Unified School DistrictDublin Unified prevails on all claims over Asperger's student's eligibility, assessments, and high school offer; Springstone reimbursement denied.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
- Long Beach Unified School District v. StudentLong Beach Unified may place a fourth grader in a nonpublic school interim setting for up to 45 school days.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified's February 2007 IEP met a student's occupational therapy and sensory needs; all of the parents' claims were denied.District prevailed on all issues
- Student v. Garvey Elementary School DistrictGarvey Elementary must fund 85 hours of compensatory speech therapy, adopt four behavior goals, and provide a small-group aide.Split decision: student prevailed on 3 of 6 issues
- Victor Elementary School District v. StudentVictor Elementary's triennial assessments upheld; no IEEs at public expense, and fourth grader may be exited from special education.District prevailed on all issues
- Piedmont City Unified School District v. StudentPiedmont City Unified's academic and psychoeducational assessments were appropriate; ninth grader not entitled to a publicly funded IEE.District prevailed on all issues
- Student v. Berkeley Unified School DistrictBerkeley Unified wrongly found a preschooler with autism ineligible; ordered to repay at least $15,845 and fund services through June 2008.Split decision: student prevailed on 4 of 13 issues (2 in part)
- Student v. Salinas Union High School DistrictSalinas Union High School District prevails on all claims; parents' request for Riverview residential school reimbursement denied.District prevailed on all issues
- Student v. Hemet Unified School District (consolidated)Hemet Unified's autism kindergarten offer denied FAPE; district must fund the CARD in-home ABA program through 2007-2008.Split decision: student prevailed on 8 of 12 issues (1 in part)
- 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
- San Diego Unified School District v. StudentSan Diego Unified may implement an IEP moving a 19-year-old with intellectual disability from high school to a community-based transition program.District prevailed on all issues
- Student v. Alvord Unified School DistrictAlvord Unified denied FAPE with a non-comparable December 2007 interim placement and must provide 10 weeks of compensatory services.Split decision: student prevailed on 3 of 7 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. 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. Oxnard Union High School District et al.Oxnard Union High must remove student from special education after assessing her and implementing an IEP without her mother's consent.Split decision: student prevailed on 2 of 4 issues
- Student v. Los Angeles County Department of Mental Health et al.Los Angeles County DMH and Palmdale School District prevail; late AB 3632 mental health referral did not deny FAPE.District prevailed on all issues
- Student v. Arcadia Unified School DistrictArcadia Unified did not have to provide the Brainfingers hands-free computer system to a 19-year-old student; all claims denied.District prevailed on all issues
- Lancaster Elementary School District v. StudentLancaster Elementary School District may assess a 12-year-old under its August 2007 plan without parental consent.District prevailed on all issues
- Student v. Modesto City SchoolsModesto City Schools denied FAPE for three years by implementing unsigned IEPs without seeking due process; daily tutoring ordered.Split decision: student prevailed on 4 of 5 issues (4 in part)
- Oak Grove School District v. StudentOak Grove School District's psychoeducational assessment found appropriate; the parents' request for a publicly funded IEE is denied.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified's offer of a behavior-focused campus denied FAPE to autistic student; home feeding program claims denied.Split decision: student prevailed on 2 of 4 issues
- Student v. Corona-Norco Unified School DistrictCorona-Norco Unified must fund 16 weeks of 30-hour-per-week in-home ABA for a preschooler with autism; most claims denied.Split decision: student prevailed on 4 of 16 issues
- Student v. Fremont Unified School District et al.Fremont Unified and Alameda County mental health must provide an OT assessment, tutoring, and counseling; most other claims denied.Split decision: student prevailed on 6 of 11 issues (4 in part)
- Ocean View School District et al. v. StudentOcean View School District's May 2007 IEP, including general education placement, a shadow aide and ABA social skills services, offered an autistic student a FAPE.District prevailed on all issues
- Student v. Temecula Valley Unified School District et al.Temecula Valley Unified and Riverside County Mental Health denied FAPE by failing to reassess student after hospitalization; behavior plan claims denied.Split decision: student prevailed on 3 of 6 issues
- Student v. Compton Unified School DistrictCompton Unified must provide 72 hours of tutoring for child find, assessment, and IEP failures; speech services claim denied.Split decision: student prevailed on 7 of 10 issues (3 in part)
- Student v. St. Helena Unified School DistrictSt. Helena Unified must fund Star Academy placement, an IEE, and mileage after flawed 2007-08 offers and August IEP meeting.Split decision: student prevailed on 6 of 12 issues (1 in part)
- Student v. Long Beach Unified School DistrictLong Beach Unified's Head Start placement and 34-hour weekly behavior intervention offer for preschooler with autism upheld on all issues.District prevailed on all issues
- Encinitas Union School District v. StudentEncinitas Union School District's 2007 reassessment and preschool special day class offer upheld; parents' request for publicly funded IEEs denied.District prevailed on all issues
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified denied FAPE by holding an IEP meeting without the parents after refusing to reschedule so their attorney could attend.Student prevailed on all issues
- Student v. Long Beach Unified School DistrictLong Beach Unified must reimburse $35,819.58 for residential treatment tuition and travel after a child find violation; procedural claims denied.Split decision: student prevailed on 2 of 6 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
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified's offer to move a student from a nonpublic school to a district special day class offered FAPE.District prevailed on all issues
- Student v. California Department of Corrections and Rehabilitation, Juvenile Justice DivisionJuvenile Justice Division must provide a year of daily one-to-one instruction and weekly therapy for denying a FAPE.Split decision: student prevailed on 5 of 7 issues (2 in part)
- Sierra Unified School District v. StudentSierra Unified may not move student to center-based Ramacher campus; offer denied FAPE in the LRE and was predetermined.Student prevailed on all issues
- 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)
- Lancaster Elementary School District v. StudentLancaster Elementary School District's June 2007 IEP ending occupational therapy offered a FAPE; no one appeared for the student.District prevailed on all issues
- Student v. Capistrano Unified School District et al. (consolidated)Capistrano Unified and Orange County Department of Education prevail; Tesoro High special day class offered FAPE in the LRE.District prevailed on all issues