California OAH Special Education Decisions from 2010
79 decisions: student prevailed on all issues in 5, split in 26, district prevailed on all issues in 48.
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- Student v. San Ramon Valley Unified School DistrictSan Ramon Valley Unified's special day class offer for a student with cerebral palsy provided FAPE; private school reimbursement denied.District prevailed on all issues
- Student v. Poway Unified School District et al.Poway Unified and the Department of Developmental Services win on all claims; ALJ finds no denial of FAPE.District prevailed on all issues
- Coachella Valley Unified School District v. StudentCoachella Valley Unified must fund psychoeducational and assistive technology IEEs; its speech-language assessment was upheld.Split decision: student prevailed on 1 of 2 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. Baldwin Park Unified School District (consolidated)Baldwin Park Unified may exit a student with ADHD from special education; ALJ finds he no longer qualifies under OHI.District prevailed on all issues
- Student v. Oceanside Unified School DistrictOceanside Unified should have found student with ADHD eligible under OHI by April 2010; 32 tutoring hours ordered.Student prevailed in part
- Fullerton Elementary School District v. StudentFullerton Elementary School District's May 2010 IEP offered FAPE without home ABA services; District may implement it without parent consent.District prevailed on all issues
- Student v. Encinitas Union School DistrictEncinitas Union must reimburse $2,231 and conduct a behavior assessment for a preschooler with autism; most other claims denied.Split decision: student prevailed on 5 of 15 issues (1 in part)
- Student v. Eureka City Unified School DistrictEureka City Unified must offer a behavior support plan and reimburse $1,920 for Lindamood-Bell services; seven other claims denied.Split decision: student prevailed on 1 of 8 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all four claims; late assessment was a procedural violation that did not deny FAPE.District prevailed on all issues
- Student v. Alhambra Unified School DistrictAlhambra Unified must provide 36 hours of after-school services because pulling Student from class for speech therapy denied FAPE; other claims denied.Split decision: student prevailed on 1 of 6 issues (1 in part)
- Student v. Amador County Unified School District et al.Amador County Unified and Amador County Office of Education's assessments upheld; parents denied IEE reimbursement and new IEEs.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
- Grossmont Union High School District v. StudentGrossmont Union High School District's offer of residential treatment placement offered FAPE in the least restrictive environment, ALJ rules.District prevailed on all issues
- Bakersfield City School District v. StudentBakersfield City School District may implement its kindergarten special day class IEP for a student with autism without parent consent.District prevailed on all issues
- Student v. San Jose Unified School DistrictSan Jose Unified did not deny FAPE; its failure to give an assistive technology assessment plan was harmless.District prevailed on all issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified did not deny FAPE by delaying a triennial IEP; guardian's obstruction defeats $64,215 reimbursement claim.District prevailed on all issues
- Garden Grove Unified School District v. StudentGarden Grove Unified's psychoeducational and speech-language assessments of an adult English learner upheld; no publicly funded IEEs ordered.District prevailed on all issues
- Student v. Downey Unified School DistrictDowney Unified must reimburse $34,649 in Village Glen tuition after failing to offer FAPE to a student with autism.Split decision: student prevailed on 10 of 12 issues
- Student v. Downey Unified School DistrictDowney Unified must reimburse $50,797.12 in Village Glen tuition after failing to offer a FAPE to a student with autism.Split decision: student prevailed on 10 of 12 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: late transfer IEP did not deny FAPE, and no duty to offer AB 3632 residential placement.District prevailed on all issues
- Moreland School District v. StudentMoreland School District's offer of a county therapeutic special day class was a FAPE, even though the written IEP did not name the school.District prevailed on all issues
- Roseville City School District v. StudentRoseville City School District's occupational therapy assessment was appropriate, so the district need not fund an independent evaluation.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. Roseville Joint Union School DistrictRoseville Joint Union must repay a $125 PT evaluation, hold a time-limited IEP meeting, and offer a way to recover biology credit.Split decision: student prevailed on 4 of 9 issues (1 in part)
- Student v. Ravenswood City School District (consolidated)Ravenswood City School District must fund three years at Stellar Academy plus 600 tutoring hours for a student with a learning disability.Split decision: student prevailed on 8 of 21 issuesVanaman German LLP represented the student
- Student v. Capistrano Unified School DistrictCapistrano Unified did not deny FAPE by failing to assess for dyslexia; ALJ finds no clear parent request.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. Poway Unified School DistrictPoway Unified prevails: student's planned dry ice explosion at school was not a manifestation of his ADHD.District prevailed on all issues
- Castro Valley Unified School District v. StudentCastro Valley Unified may implement its April 2010 IEP for a student with visual impairment without parental consent.District prevailed on all issues
- Student v. Fullerton Joint Union High School DistrictFullerton Joint Union High School District correctly found 11th grader ineligible for special education; residential placement reimbursement denied.District prevailed on all issues
- Clovis Unified School District v. StudentClovis Unified must fund a reading IEE focused on visual impairment; speech IEE denied and IEP mostly upheld.Split decision: student prevailed on 2 of 3 issues (2 in part)
- Student v. Menlo Park City Elementary School DistrictMenlo Park City Elementary prevails: bus offer for a student with autism and diabetes found reasonably safe; all claims denied.District prevailed on all issues
- Student v. Menlo Park City Elementary School District (Menlo Park City School District)Menlo Park City School District denied FAPE in speech and AAC services; Arbor Bay tuition denied, $513 provider payment ordered.Split decision: student prevailed on 6 of 12 issues
- Lassen View Union Elementary School District v. StudentLassen View Union Elementary may exit a second grader from special education; ALJ finds no speech impairment or learning disability.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all claims; autism SDC offer upheld over parents' request for 40-hour home ABA program.District prevailed on all issues
- Student v. New Haven Unified School District (consolidated)New Haven Unified must fund a behavior assessment and 100 hours of reading and writing instruction; private school placement denied.Split decision: student prevailed on 4 of 4 issues (4 in part)
- Student v. Los Angeles County Office of EducationLos Angeles County Office of Education must immediately implement and fund a student's residential treatment placement from juvenile hall.Student prevailed on all issues
- Student v. Placer County Mental Health Department (Placer County Children's System of Care)Placer County Mental Health must repay $2,000 for an independent evaluation; claim for residential placement costs denied.Split decision: student prevailed on 1 of 3 issues
- Garvey School District v. StudentGarvey School District may conduct a triennial psychoeducational and speech-language reassessment without parental consent, and without the parent present.District prevailed on all issues
- Student v. Rosedale Union Elementary School DistrictRosedale Union Elementary prevails: special day class, not general education with an ABA aide, was the LRE for kindergartner with autism.District prevailed on all issues
- Acalanes Union High School District v. StudentAcalanes Union High School District's IEP at Las Lomas offered a FAPE in the LRE; parents' Bayhill reimbursement claim denied.District prevailed on all issues
- Student v. Lafayette Elementary School DistrictLafayette Elementary School District provided FAPE to a student with a reading disability from 2007 to 2009; all reimbursement claims denied.District prevailed on all issues
- Student v. Compton Unified School District et al.Compton Unified and LACOE must provide OT, speech, health, and assistive technology services and reassess; placement and aide claims denied.Split decision: student prevailed on 22 of 36 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
- Anaheim City School District v. StudentAnaheim City School District must fund an independent psychoeducational evaluation, but its functional behavior assessment was upheld.Split decision: student prevailed on 1 of 2 issues
- Student v. Murrieta Valley Unified School DistrictMurrieta Valley Unified must reimburse $4,762 in preschool costs for predetermining a placement; all other claims denied.Split decision: student prevailed on 1 of 10 issues
- Student v. Los Angeles Unified School District et al.Los Angeles Unified and two charter schools prevail; missed IEP meetings and transition plan did not deny student FAPE.District prevailed on all issues
- Student v. Corona-Norco Unified School DistrictCorona-Norco Unified must reimburse $39,490 for summer and fall 2008 services; later IEP offers found to provide FAPE.Split decision: student prevailed on 5 of 9 issues (5 in part)
- Student v. Tustin Unified School DistrictTustin Unified did not have to provide CART real-time captioning to a hard-of-hearing ninth grader; all claims denied.District prevailed on all 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)
- Student v. Antelope Valley Union High School DistrictAntelope Valley Union High must fund an independent assistive technology assessment; the student's other claims, including campus mobility, are denied.Split decision: student prevailed on 4 of 27 issues
- Poway Unified School District v. StudentPoway Unified's August 2009 IEP offered a FAPE and may be implemented if the student returns to public school.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not deny FAPE when a parent refused the assigned home instruction teacher; all claims denied.District prevailed on all issues
- Student v. East Whittier City School District et al.East Whittier City School District's refusal to give a central auditory processing assessment did not deny FAPE; all relief denied.District prevailed on all issues
- Student v. Garvey Elementary School DistrictGarvey Elementary must expunge a student's invalid emotional disturbance eligibility and IEP; independent assessment and compensatory education denied.Student prevailed on all issues
- 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. Patterson Joint Unified School District (consolidated)Patterson Joint Unified must provide compensatory speech, OT and tutoring plus new assessments; its Sierra Vista and Teel placement offers were upheld.Split decision: student prevailed on 11 of 33 issues (9 in part)
- Student v. San Jose Unified School DistrictSan Jose Unified wins all claims over a 504-plan student with an autism spectrum diagnosis; district's sanctions request denied.District prevailed on all issues
- Student v. Fremont Union High School DistrictFremont Union High School District and Santa Clara County Mental Health offered FAPE in local Wings program; residential placement request denied.District prevailed on all issues
- Student v. Morgan Hill Unified School DistrictMorgan Hill Unified must provide compensatory PT, vision, mobility, and assistive technology services after a year-long assessment delay.Split decision: student prevailed on 6 of 6 issues (4 in part)
- East Whittier City School District v. StudentEast Whittier City School District's occupational therapy and adaptive PE assessments upheld as appropriate; parents' requests for publicly funded IEEs denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not materially fail to deliver an autistic first grader's IEP services; all claims denied.District prevailed on all issues
- Student v. Lakeside Joint School DistrictLakeside Joint School District properly found a seventh grader ineligible for special education under emotional disturbance; relief denied.District prevailed on all issues
- Tustin Unified School District v. StudentTustin Unified may conduct an 18-year-old's triennial reassessment with its own staff assessors without parental consent.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
- Panama-Buena Vista Union School District et al. v. StudentPanama-Buena Vista Union and Kern County Superintendent win all issues; preschool autism offer upheld and no IEE required.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified need not fund an IEE after proving its 2009 psychoeducational reassessment was appropriate.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: absent teacher at IEP meeting did not deny FAPE, and bus transportation offer was appropriate.District prevailed on all issues
- Student v. Los Angeles Unified School District et al.Los Angeles County Office of Education must immediately implement a juvenile hall student's IEP by placing him at an out-of-state residential treatment center and funding the educational and related services part of the placement.Student 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
- Rowland Unified School District v. StudentRowland Unified's occupational therapy assessment was appropriate, so the district need not fund an independent evaluation.District prevailed on all issues
- Student v. Konocti Unified School DistrictKonocti Unified did not violate child find for a third grader with ADHD on a 504 Plan; all claims denied.District prevailed on all issues
- Corona-Norco Unified School District v. StudentCorona-Norco Unified's March 2009 IEP offered FAPE despite parents' absence; district may implement it without parental consent.District prevailed on all issues
- Student v. Dry Creek Joint Elementary School District (consolidated)Dry Creek Joint Elementary may reassess a student with dyslexia, and its 2009-2010 IEP offer is upheld; father sanctioned $3,880.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund 220 hours of intensive tutoring after ending a student's IEP meeting early; other claims denied or barred.Split decision: student prevailed on 4 of 10 issues
- Student v. Los Angeles Unified School District et al.Los Angeles County Office of Education must initially fund out-of-state residential placement for a student still detained in juvenile hall.Student prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified must fund a home ABA program and repay over $16,000 after failing to assess a preschooler for autism.Split decision: student prevailed on 17 of 20 issues (2 in part)
- Student v. Garden Grove Unified School DistrictGarden Grove Unified must provide compensatory PT, adaptive PE and AT consultation for implementation failures; stay put and assessment claims denied.Split decision: student prevailed on 1 of 10 issues (1 in part)