California OAH Special Education Decisions from 2009
106 decisions: student prevailed on all issues in 12, split in 37, district prevailed on all issues in 57.
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- Student v. Los Angeles Unified School DistrictLos Angeles Unified denied FAPE to a preschooler by pulling her assigned adult assistant and then dropping that support from her IEP.Student prevailed on all issues
- Roseville City Elementary School District v. StudentRoseville City Elementary's offer of a county-run autism class to a seventh grader was a FAPE in the LRE, ALJ rules.District prevailed on all issues
- Burbank Unified School District v. StudentBurbank Unified's assessments upheld, but its offer of a nonpublic school placement at Villa Esperanza denied a FAPE in the LRE.Split decision: student prevailed on 1 of 2 issues
- Student v. Long Beach Unified School District et al.Long Beach Unified and LA County Mental Health prevail; Hillsides residential placement offered FAPE, and request for Illinois facility denied.District prevailed on all issues
- Student v. Exeter Union School District (consolidated)Exeter Union's plan to replace a nonpublic agency with its own behavior program offered a FAPE; District prevails on all issues.District prevailed on all issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified must reimburse $504 for transportation for spring 2009; other transportation claims for 2007–2010 denied.Student prevailed in part
- Student v. Orange County Department of Education et al. (consolidated)Irvine Unified, not Orange County's education office or the state, must provide FAPE for a court ward's Texas residential placement.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must increase apraxia speech therapy, reimburse $19,790, and place preschooler in inclusive class; seven claims denied.Split decision: student prevailed on 9 of 18 issues (1 in part)
- Student v. Brea Olinda Unified School District (consolidated)Brea Olinda Unified may not exit a student with ADHD from special education and must fund two IEEs and weekly tutoring.Split decision: student prevailed on 3 of 6 issues (2 in part)
- Santa Monica-Malibu Unified School District v. StudentSanta Monica-Malibu Unified failed to prove its psychoeducational assessment was appropriate, so the student gets an IEE at public expense.Student prevailed on all issues
- Student v. San Ramon Valley Unified School DistrictSan Ramon Valley Unified must reimburse $8,778 for after-school tutoring it stopped funding without parent consent or a hearing order.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must provide special education to an adult student in county jail, plus a year of compensatory services.Student prevailed on all issues
- Student v. San Carlos Elementary School DistrictSan Carlos Elementary School District prevails on all claims, including child find, assessment, eligibility category, and private school reimbursement.District prevailed on all issues
- Student v. Manteca Unified School DistrictManteca Unified properly found a student with a medical autism diagnosis ineligible for special education; all relief denied.District prevailed on all issues
- Corona-Norco Unified School District v. StudentCorona-Norco Unified may implement its October 2008 IEP and conduct physical therapy and assistive technology assessments without parent consent.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's offer of a therapeutic nonpublic school was the least restrictive environment; the mother's challenge was denied.District prevailed on all issues
- Student v. Montecito Union Elementary School District et al.Montecito Union and Santa Barbara County Education Office predetermined aide services; ALJ orders nonpublic agency aide and 96 compensatory hours.Split decision: student prevailed on 1 of 3 issues
- Student v. Poway Unified School DistrictPoway Unified did not deny FAPE by refusing real-time captioning (CART) for a high-achieving middle schooler with hearing loss.District prevailed on all issues
- Student v. Menlo Park City School DistrictMenlo Park City School District prevails; settlement agreement setting one-year SDC placement defeats predetermination and class-composition claims.District prevailed on all issues
- San Ramon Valley Unified School District v. StudentSan Ramon Valley Unified's triennial assessment and moderate/severe special day class offer upheld; no public funding for parents' IEE.District prevailed on all issues
- Student v. California Department of Mental HealthCalifornia Department of Mental Health not responsible for student's FAPE; request for in-state residential placement denied.District prevailed on all issues
- Poway Unified School District v. StudentPoway Unified's offer of a high school special day class, replacing a long-running home program, offered FAPE in the LRE.District prevailed on all issues
- Student v. Clovis Unified School District (consolidated)Clovis Unified prevails on all issues; its assessments are upheld and it may implement its January 2009 IEP without parent consent.District prevailed on all issues
- Student v. Twin Rivers Unified School DistrictTwin Rivers Unified prevails on all four claims over speech therapy, bus transportation, school safety, and monthly progress reports.District prevailed on all issues
- Student v. Buckeye Union School DistrictBuckeye Union School District prevails on child find claims and on its February and April 2009 IEP offers.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified denied FAPE by failing to find a student with diabetes eligible under other health impairment by March 2009.Student prevailed on all issues
- Student v. Vallejo City Unified School District et al.Vallejo City Unified and Mare Island Technology Academy prevail; sixth grader's curriculum and speech therapy claims denied.District prevailed on all issues
- Student v. Lancaster School DistrictLancaster School District offered a FAPE in its March 2008 IEP; ALJ denies all of Student's claims.District prevailed on all issues
- Santa Ana Unified School District v. StudentSanta Ana Unified's June 2009 IEP offered a FAPE in the least restrictive environment and may be implemented without parental consent.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)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's offer of Willenberg Special Education Center upheld; the farther school did not deny FAPE because the bus ride was shorter.District prevailed on all issues
- Student v. La Mesa-Spring Valley School DistrictLa Mesa-Spring Valley School District prevails; academically successful student with autism traits properly found ineligible for special education.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified's finding that a ninth grader's sharing of prescription pills was not a manifestation of his disability is upheld.District prevailed on all issues
- Student v. Cabrillo Unified School DistrictCabrillo Unified must repay $30,736 for Arbor Bay School and fund another year there; occupational therapy claims denied.Split decision: student prevailed on 8 of 10 issues (1 in part)
- Student v. Shoreline Unified School DistrictShoreline Unified must reimburse $13,114.98 in private school costs after a flawed 2008 IEP meeting; earlier-period and IEE claims denied.Split decision: student prevailed on 3 of 5 issues
- Student v. San Diego Unified School DistrictSan Diego Unified's manifestation finding reversed; ALJ holds a 13-year-old's drug-seed incident was caused by his ADHD.Split decision: student prevailed on 2 of 3 issues (1 in part)
- Student v. San Francisco Unified School DistrictSan Francisco Unified did not predetermine or violate LRE with summer special day class offer for inclusion kindergartner.District prevailed on all issues
- Student v. Moreno Valley Unified School District (consolidated)Moreno Valley Unified prevails on all claims; November 2008 IEP upheld and District may obtain a medical assessment.District prevailed on all issues
- Student v. Yucaipa-Calimesa Joint Unified School District (consolidated)Yucaipa-Calimesa Joint Unified's autism class offer and home-to-school transition plan provided FAPE; all of Student's claims denied.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified prevails on all claims by a graduate with a learning disability; claims before December 2006 time-barred.District prevailed on all issues
- Student v. East Whittier City School DistrictEast Whittier City School District must reimburse $7,320 for private speech therapy; autism class placement for preschooler upheld.Split decision: student prevailed on 1 of 14 issues (1 in part)
- Glendale Unified School District v. StudentGlendale Unified may conduct an initial special education assessment of a seventh grader without his parents' consent.District prevailed on all issues
- Student v. Ravenswood City School DistrictRavenswood City School District missed first-grade child find and assessment deadlines; ordered to pay $2,500, provide speech therapy, and train staff.Split decision: student prevailed on 3 of 5 issues (3 in part)
- Student v. Poway Unified School DistrictPoway Unified offered FAPE and did not need an audiological assessment; parents' Newbridge School reimbursement claim denied.District prevailed on all issues
- Student v. Placentia-Yorba Linda Unified School DistrictPlacentia-Yorba Linda Unified properly found student not eligible as emotionally disturbed; no reimbursement for Oregon therapeutic boarding school.District prevailed on all issues
- Corona-Norco Unified School District v. StudentCorona-Norco Unified may implement its November 2008 IEP and stop funding a 13-year-old's nonpublic agency services.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's offer of a moderate intellectual disability special day class placement for a fifth grader was upheld as FAPE.District prevailed on all issues
- Lafayette School District v. StudentLafayette School District must pay half of parents' $4,800 IEE after unnecessarily delaying its response, and it may reassess the student.Split decision: student prevailed on 2 of 4 issues (1 in part)
- Hacienda La Puente Unified School District v. StudentHacienda La Puente Unified wins: its assessments were appropriate and its adult transition program placement offered a FAPE.District prevailed on all issues
- 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
- Taft City School District v. StudentALJ finds Taft City School District's February 2009 IEP offered a FAPE, allowing implementation without consent through April 16, 2009.District prevailed on all issues
- Student v. Poway Unified School DistrictPoway Unified must reimburse $35,602.55 for a private school after ignoring doctors' shortened-day advice; its January 2009 offer was upheld.Split decision: student prevailed on 2 of 2 issues (1 in part)
- Student v. Escondido Union High School DistrictEscondido Union High must reimburse $24,693.97 for a residential placement after failing its child find duty for an honors student.Student prevailed on all issues
- Student v. Merced Union High School DistrictMerced Union High School District prevails; ALJ finds parent understood the January 2009 IEP she signed and no pages were missing.District prevailed on all issues
- Student v. Cabrillo Unified School DistrictCabrillo Unified prevails on all claims; its 2006 offer of a special day class with mainstreaming provided FAPE.District prevailed on all issues
- Student v. Clovis Unified School DistrictClovis Unified must fund 685 compensatory hours and an independent assessment over inadequate 2007-08 IEP goals; most claims denied.Split decision: student prevailed on 4 of 37 issues
- Student v. Orange County Department of Education et al. (consolidated)Newport-Mesa Unified, home district of a dependent youth's court-appointed responsible adult, was responsible for her FAPE during an out-of-state placement.Student prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified violated child find in October 2007, but ALJ denies all reimbursement for out-of-state residential placement.Split decision: student prevailed on 1 of 3 issues (1 in part)
- Fremont Unified School District v. StudentFremont Unified must fund a speech and language IEE after waiting four months to file for due process.Split decision: student prevailed on 1 of 2 issues
- Student v. Fremont Unified School DistrictOn remand from federal court, ALJ again finds Fremont Unified provided a FAPE to an autistic student from 2003 to 2006.District prevailed on all issues
- Student v. Pajaro Valley Unified School DistrictOn remand from federal court, ALJ again rules for Pajaro Valley Unified on child find, SLD eligibility, and assessment claims.District prevailed on all issues
- Student v. Orange County Department of Education et al. (consolidated)The responsible adult's district, not Orange County Department of Education or CDE, owed FAPE to a juvenile dependent placed out of state.District prevailed on all issues
- Student v. Shandon Joint Unified School DistrictShandon Joint Unified must fund a year at Beacon Day School, plus OT, PT, a new FAA and $4,112.44 in reimbursement.Split decision: student prevailed on 10 of 15 issues (3 in part)
- Student v. St. Helena Unified School District (consolidated)St. Helena Unified must reimburse 25 percent of private school tuition, $6,236.03, over a Life Skills class placement; other claims denied.Split decision: student prevailed on 2 of 7 issues (2 in part)
- Student v. Murrieta Valley Unified School District et al.Murrieta Valley Unified must reinstate a student and expunge his expulsion after a flawed manifestation determination.Student 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
- Capistrano Unified School District v. StudentCapistrano Unified's speech-language and occupational therapy assessments upheld; district need not fund independent evaluations for preschooler with autism.District prevailed on all issues
- Tustin Unified School District v. StudentTustin Unified's triennial assessment upheld; ALJ rules student no longer eligible and may be exited without parental consent.District prevailed on all issues
- 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
- Student v. Salinas Union High School District (consolidated)Salinas Union High must provide 450 minutes of missed speech therapy; its May 2008 IEP offered a FAPE.Split decision: student prevailed on 1 of 6 issues (1 in part)
- Student v. Sylvan Union School District (consolidated)Sylvan Union must provide two years of pragmatic speech services for failing to assess social language; all other claims denied.Split decision: student prevailed on 2 of 17 issues
- Student v. Merced Union High School DistrictMerced Union High School District prevails: student's shove of his aide was not a manifestation of his learning or speech disabilities.District prevailed on all issues
- Student v. Montebello Unified School District et al.Montebello and Bellflower Unified must provide 210 hours of compensatory vocational services and 170 hours of toilet training; other claims denied.Split decision: student prevailed on 4 of 8 issues (4 in part)
- Fresno Unified School District v. StudentFresno Unified fails to prove its special day class offer was the least restrictive environment; full-inclusion student stays at Duncan.Student prevailed on all issues
- Student v. Coronado Unified School DistrictCoronado Unified must reimburse $2,645 in tutoring costs for failing to timely review and revise a high schooler's outdated IEP.Split decision: student prevailed on 1 of 3 issues
- Student v. Sequoia Union High School District (consolidated)Sequoia Union High must reimburse $12,780 in private tuition for cancelling a 2006 IEP meeting; most other claims denied.Split decision: student prevailed on 2 of 15 issues
- Student v. Berkeley Unified School DistrictBerkeley Unified prevails on an 18-year-old's assessment claims: older claims time-barred, and the parent revoked consent to the 2008 plan.District prevailed on all issues
- Student v. Montebello Unified School DistrictMontebello Unified must provide 160 hours of vocational services and 40 hours of speech therapy for transition planning failures.Split decision: student prevailed on 3 of 5 issues (3 in part)
- Student v. Bonsall Union School DistrictBonsall Union prevails on all eight claims; no reimbursement for The Winston School or Lindamood-Bell services.District prevailed on all issues
- Student v. Long Beach Unified School DistrictLong Beach Unified wins on all issues as child find and safeguards claims are time-barred or fail at age 19.District prevailed on all issues
- Fremont Unified School District v. StudentFremont Unified's psychoeducational assessment of a 12th grader was appropriate; district need not fund an independent evaluation.District prevailed on all issues
- Student v. Camptonville Academy et al.Camptonville Academy unlawfully disenrolled a student with a learning disability; ALJ orders re-enrollment, assessments, and two years of daily tutoring.Split decision: student prevailed on 1 of 6 issues
- 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. Murrieta Valley Unified School DistrictMurrieta Valley Unified prevails: settlement-funded Big Springs therapy was not a procedural violation and did not become stay put.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. Los Angeles Unified School DistrictLos Angeles Unified must pay $3,000 and fund 40 hours of clinic-based OT; placement and procedural claims denied.Split decision: student prevailed on 2 of 6 issues (2 in part)
- 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
- Garvey School District v. StudentGarvey School District's May 2008 occupational therapy assessment was appropriate, so the district need not fund an IEE.District prevailed on all issues
- Student v. Fresno Unified School DistrictFresno Unified is not responsible for a student who lived in Clovis Unified; entire due process complaint dismissed.District prevailed on all issues
- Student v. Oxnard Elementary School DistrictOxnard Elementary must provide 36 compensatory OT sessions and staff training for failing to assess motor deficits; most other claims denied.Split decision: student prevailed on 5 of 26 issues (4 in part)
- Student v. Fremont Unified School District (consolidated)Fremont Unified must reimburse $24,260.50 for private preschool and ABA after failing to address a preschooler's behavior needs.Split decision: student prevailed on 13 of 23 issues (10 in part)
- Student v. Sweetwater Union High School DistrictSweetwater Union High School District's moderate to severe special day class offered FAPE in the LRE; parent's one-to-one classroom request denied.District prevailed on all issues
- San Diego Unified School District v. StudentSan Diego Unified's June 2008 IEP offering the STARS special day class at Taft Middle School provided a FAPE.District prevailed on all issues
- Student v. Downey Unified School DistrictDowney Unified must fund 30 weekly hours of one-to-one ABA and reimburse private ABA after IEPs lacked behavior goals.Split decision: student prevailed on 4 of 15 issues (3 in part)
- Student v. Reed Union School DistrictReed Union School District predetermined a student's placement and must train staff; ALJ upheld the Olive special day class offer.Split decision: student prevailed on 1 of 5 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)
- Huntington Beach Union High School District v. StudentHuntington Beach Union High need not fund a speech-language IEE, and its September 2008 IEP amendment offered a FAPE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must provide 5.5 hours of missed speech therapy; settlement-services and behavior-aide claims denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not have to provide home-to-school transportation to a student who transferred schools under school choice.District prevailed on all issues
- Chico Unified School District v. StudentChico Unified may reassess a 16-year-old with a learning disability without his father's consent, ALJ rules.District prevailed on all issues
- Student v. Elk Grove Unified School DistrictElk Grove Unified's finding that an 18-year-old's threats against football coaches were not a manifestation of his disability upheld.District prevailed on all issues
- Student v. East Whittier City School DistrictEast Whittier City School District must fund added speech therapy, transition support, and $5,337 in assessments; autism preschool placement upheld.Split decision: student prevailed on 3 of 13 issues (1 in part)
- Student v. Baldwin Park Unified School District (consolidated)Baldwin Park Unified must fund an audiology assessment and compensatory services; its Canyon View School offer may start in fall 2009.Split decision: student prevailed on 9 of 17 issues (1 in part)
- Saddleback Valley Unified School District v. StudentSaddleback Valley Unified loses bid to move seventh grader to an interim special day class after a knife incident.Student prevailed on all issues
- San Francisco Unified School District v. StudentSan Francisco Unified's offer of a special day class at El Dorado Elementary upheld as a FAPE in the least restrictive environment.District prevailed on all issues