California OAH Special Education Decisions from 2011
96 decisions: student prevailed on all issues in 12, split in 19, district prevailed on all issues in 65.
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- Fullerton Unified School District v. StudentFullerton Unified may not implement its 2011-2012 IEP without consent after predetermining a school change for a student with autism.Student prevailed on all issues
- San Ramon Valley Unified School District v. StudentSan Ramon Valley Unified may implement its middle school special day class IEP offer without parental consent.District prevailed on all issues
- Student v. Cupertino Union School DistrictCupertino Union prevails on all claims over a one-to-one safety aide, IEP goals, and more ABA for a student with autism.District prevailed on all issues
- Student v. Fallbrook Union High School DistrictFallbrook Union High School District must reimburse $9,000 for Fusion Learning Center after predetermining placement at an OAH-ordered IEP meeting.Student prevailed on all issues
- Student v. Manteca Unified School District (consolidated)Manteca Unified prevails on all issues; nonverbal ability test did not violate Larry P., and District may assess without consent.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified prevails on all claims; wrong benchmark dates in autistic student's IEP held a harmless procedural error.District prevailed on all issues
- Student v. Lincoln Unified School DistrictALJ upholds Lincoln Unified's finding that a student's threats against a librarian were not a manifestation of his learning disability.District prevailed on all issues
- Whittier City School District v. StudentWhittier City School District may implement IEP placing student in a special day class without parent consent.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified did not violate child find for a ninth grader later placed in therapeutic programs; all relief denied.District prevailed on all issues
- Student v. Santa Cruz City School District et al. (consolidated)Santa Cruz City Schools and County Office must provide 240 compensatory hours for flawed goals and behavior plan; residential placement denied.Split decision: student prevailed on 2 of 16 issues (2 in part)
- Palo Alto Unified School District v. StudentPalo Alto Unified may implement its IEP removing a third grader's one-to-one aide; ALJ orders preferential seating added.District prevailed on all issues
- Palm Springs Unified School District v. StudentPalm Springs Unified may implement a student's IEP and behavior plan without parental consent despite parents' homework objection.District prevailed on all issues
- Student v. Montebello Unified School DistrictMontebello Unified did not have to fund an aide and transportation for community college art classes; all relief denied.District prevailed on all issues
- Temecula Valley Unified School District v. StudentTemecula Valley Unified's May 2011 offer of an Oak Grove day program was a FAPE; no residential placement required.District prevailed on all issues
- Student v. Compton Unified School DistrictCompton Unified must fund 205 hours of tutoring for missed RSP, counseling, and aide services; six claims denied.Split decision: student prevailed on 7 of 13 issues (1 in part)
- Student v. Roseville Joint Union High School District et al.Roseville Joint Union High and Placer County mental health agency owe compensatory tutoring and therapy; residential placement claim denied.Split decision: student prevailed on 4 of 14 issues (3 in part)
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified's March 2011 IEP moving a fifth grader with autism to a special day class offered FAPE in the LRE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's offer of 240 monthly minutes of speech therapy for a preschooler with autism upheld; parents' request denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must provide compensatory aide and speech services for missing aides during two ESY summers; four other claims denied.Split decision: student prevailed on 1 of 5 issues
- Student v. Oakland Unified School District (consolidated)Oakland Unified must fund 255 hours of tutoring for unprovided resource services; District may conduct triennial assessment without consent.Split decision: student prevailed on 2 of 10 issues
- San Jose Unified School District v. StudentSan Jose Unified's 2010 integrated psychoeducational assessment was appropriate; district need not fund the IEE parents requested.District prevailed on all issues
- Student v. Alta Loma School District et al. (consolidated)Alta Loma School District must fund OT, APE and AT independent evaluations; IEPs upheld and Lindamood-Bell reimbursement denied.Split decision: student prevailed on 2 of 17 issues
- Panama-Buena Vista Union School District v. StudentPanama-Buena Vista Union may assess a preschooler without parental consent under its March 2011 assessment plan; records issue dismissed.District prevailed on all issues
- Student v. Panama-Buena Vista Union School District (consolidated)Panama-Buena Vista Union need not fund IEEs; ALJ rejects parent's claims about IEP meeting scheduling and district attorney attendance.District prevailed on all issues
- Garden Grove Unified School District v. StudentGarden Grove Unified offered a FAPE in its June 2010 IEP and may implement the nonpublic school placement without guardian consent.District prevailed on all issues
- Student v. Saddleback Valley Unified School DistrictSaddleback Valley Unified did not have to release playground incident reports, which the ALJ held were not education records.District prevailed on all issues
- Student v. San Dieguito Union High School DistrictSan Dieguito Union High did not predetermine placement; Oak Crest Middle School offer held appropriate despite parent's distance concerns.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
- Santa Rita Union Elementary School District v. StudentSanta Rita Union Elementary's limited Spanish speech-language assessment was appropriate; parents' request for a publicly funded IEE denied.District prevailed on all issues
- Student v. Fairfield-Suisun Unified School District et al.Fairfield-Suisun Unified is not the student's district of residence after mother placed her in Utah residential treatment.District prevailed on all issues
- Student v. Monrovia Unified School DistrictMonrovia Unified did not deny FAPE by offering clinic-based occupational therapy instead of a private nonpublic agency.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: student's on-campus sale of his ADHD medication was not a manifestation of his disability.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all claims; special education center placement upheld for hearing-impaired student with autism.District prevailed on all issues
- 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
- Twin Rivers Unified School District v. StudentTwin Rivers Unified may not implement its January 2011 IEP without consent after ALJ finds predetermination and denied parent participation.Student prevailed on all issues
- Student v. Paso Robles Joint Unified School DistrictPaso Robles Joint Unified prevails on all 26 claims, including a challenge to a second grader's special day class placement.District prevailed on all issues
- Student v. Orange Unified School DistrictOrange Unified must reimburse $20,214 for private school and ABA aide after failing to assess and serve preschooler with autism.Split decision: student prevailed on 9 of 13 issues
- Student v. Los Angeles County Office of Education et al.On remand, LACOE was responsible for RTC placement until juvenile hall release; LAUSD is responsible afterward, and CDE is not.Student prevailed on all issues
- Student v. Saddleback Valley Unified School District (consolidated)Saddleback Valley Unified prevails on all issues; no reimbursement for Utah residential treatment center or private school.District prevailed on all issues
- Ripon Unified School District v. StudentRipon Unified's February 2011 IEP offered a FAPE and may be implemented without parental consent; switch of aide agency upheld.District prevailed on all issues
- Student v. Newport Mesa Unified School DistrictNewport Mesa Unified offered too little supervision for a student's ABA aide; claims for a male aide and home services denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Palo Alto Unified School District (consolidated)Palo Alto Unified must add monthly job coaching and train staff after IEP lapses; its 2011 functional skills IEP is upheld.Split decision: student prevailed on 5 of 35 issues (2 in part)
- Tracy Unified School District et al. v. StudentTracy Unified and San Joaquin County Office of Education win: their autism special day class offer provided a FAPE in the LRE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund an adapted physical education IEE after leaving the parent's request unanswered for 90 days.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not have to provide developmental vision therapy; District prevailed on all twelve vision-related issues.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified may conduct a triennial assessment of a 16-year-old without parental consent after years of refusals.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified must repay $54,847.68 in private school tuition and fund Star Academy after failing to assess a privately placed student.Split decision: student prevailed on 3 of 10 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's general education placement with resource support was appropriate; parent's request for a special day class denied.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. Jefferson Union High School District (consolidated)Jefferson Union High must provide 456 compensatory hours; ALJ rejects its therapeutic day school offer as a denial of FAPE.Split decision: student prevailed on 27 of 43 issues (8 in part)
- Bakersfield City School District v. StudentBakersfield City School District offered FAPE, including SEAL Center placement, and may reassess the student without parental consent.District prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified prevails on all claims over a preschooler's assessment, eligibility, and 2009 and 2010 IEPs.District prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified prevails on all claims over a preschooler's autism eligibility, assessments, placement, and services in two IEPs.District prevailed on all issues
- Student v. Sequoia Union High School District (consolidated)Sequoia Union High School District must reimburse nonpublic school tuition through 2013 after Student prevailed on every issue.Student 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
- Los Angeles Unified School District v. StudentLos Angeles Unified's vision and hearing assessments of an autistic student upheld; no publicly funded IEEs ordered.District prevailed on all issues
- Student v. Orange County Health Care AgencyOrange County Health Care Agency wins; ALJ finds its mental health assessment timely and no jurisdiction after the 2010 AB 3632 veto.District prevailed on all issues
- Moreno Valley Unified School District v. StudentMoreno Valley Unified's offer of a functional skills program offered a 21-year-old with autism FAPE; Mother must allow OT assessment.District prevailed on all issues
- Student v. San Juan Unified School DistrictSan Juan Unified prevails on all claims; general education with resource support provided FAPE to a 10th grader with Asperger's Disorder.District prevailed on all issues
- Student v. San Diego County Mental HealthSan Diego County Mental Health's 2008 mental health assessment upheld; no reimbursement for Regional Center-funded residential placement.District prevailed on all issues
- Capistrano Unified School District v. StudentCapistrano Unified's occupational therapy assessment found appropriate; district need not fund an independent OT evaluation.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified must reimburse $28,463.75 for preschool and ABA after predetermining placement; claims about goals denied.Split decision: student prevailed on 4 of 9 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
- Student v. Orange County Health Care AgencyOrange County Health Care Agency prevails on all three claims about its mental health service plan, placement, and IEP attendance.District prevailed on all issues
- Student v. California Montessori ProjectCalifornia Montessori Project wrongly removed a student to a 45-day interim setting; children's scissors were not a dangerous weapon.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must resume home instruction at Mother's home outside district boundaries and provide compensatory hours.Student prevailed on all issues
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified's 30-day interim SDC offer to a student moving from a home-study charter provided a FAPE; all claims denied.District prevailed on all issues
- Student v. Los Angeles County Office of Education et al.Los Angeles County Office of Education did not deny FAPE through mental health services in juvenile hall; all relief denied.District prevailed on all issues
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified may place a 16-year-old in a moderate-to-severe special day class at Estancia High without parental consent.District prevailed on all issues
- Capistrano Unified School District v. StudentCapistrano Unified proves its social/emotional assessment and functional analysis assessment were appropriate; no publicly funded IEEs required.District prevailed on all issues
- Student v. Desert Sands Unified School DistrictDesert Sands Unified must fund OT and assistive technology IEEs over seating and furniture gaps; most other claims denied.Split decision: student prevailed on 4 of 24 issues (3 in part)
- Student v. Carpinteria Unified School DistrictCarpinteria Unified wins nearly every claim; FM system omission and records lapse found but no relief ordered.Split decision: student prevailed on 1 of 23 issues (1 in part)
- Student v. Oakdale Joint Unified School District (consolidated)Oakdale Joint Unified prevails on every claim over behavior plans, restraints, and a special day class offer for a first grader.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified prevails on all claims; its offer of a special day class for high-functioning autism was found to provide FAPE, and parents' private-school reimbursement claim denied.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified's offer to move a student to a special day class for severely impaired students upheld; all claims denied.District prevailed on all issues
- Redlands Unified School District et al. v. StudentRedlands Unified's assessments and June 2010 special day class offer at the neighborhood public school upheld over parents' nonpublic school preference.District prevailed on all issues
- Student v. Montecito Union Elementary School DistrictMontecito Union did not deny a FAPE by refusing a parent's request to hold a student with autism back in sixth grade.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: speech, APE, and OT levels in triennial IEP were sufficient, and physical therapy was not needed.District prevailed on all issues
- Grossmont Union High School District v. StudentGrossmont Union High School District may move student to Chaparral High School for up to 45 school days.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's autism special day class offer was the least restrictive environment; Lindamood-Bell reimbursement denied.District prevailed on all issues
- Student v. Torrance Unified School District et al.Torrance Unified, LA County and state mental health agencies owe 110 compensatory hours for delaying a residential placement after the AB 3632 veto.Student prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified must reimburse up to $16,954 in private school tuition after delaying an IEP meeting on an independent evaluation.Split decision: student prevailed on 1 of 13 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. California Department of Mental HealthCalifornia Department of Mental Health denied FAPE after the AB 3632 veto and must ensure 10 make-up counseling hours are delivered.Student prevailed on all 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
- Los Angeles Unified School District v. StudentLos Angeles Unified's 2010 psychoeducational assessment found appropriate; parent's request for a publicly funded IEE denied.District prevailed on all issues
- Student v. Redondo Beach Unified School District (consolidated)Redondo Beach Unified prevails: its OT assessment stands, and its Essential Skills IEP offer may be implemented without parent consent.District prevailed on all issues
- Student v. Vacaville Unified School District et al.Vacaville Unified and Fairfield-Suisun Unified offered a FAPE for grades four through six; request for STAR Academy placement denied.District prevailed on all issues
- Student v. Orange County Health Care AgencyOrange County Health Care Agency must resume AB 3632 mental health services and fund its share of residential placement.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund 70 hours of compensatory speech therapy after inadequate speech assessments and services; other claims denied.Split decision: student prevailed on 5 of 34 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
- Brea Olinda Unified School District v. StudentBrea Olinda Unified's 2010 psychoeducational assessment was appropriate, so the parent's request for a publicly funded IEE is denied.District prevailed on all issues
- Student v. Torrance Unified School DistrictTorrance Unified's April 2010 kindergarten IEP offered FAPE; ALJ denies requests for NPA ABA aide, home services, and ESY.District prevailed on all issues
- Student v. Cloverdale Unified School DistrictCloverdale Unified denied FAPE through repeated suspensions; ALJ orders 175 hours of tutoring and 100 hours of counseling.Split decision: student prevailed on 2 of 2 issues (1 in part)
- Student v. Westminster School DistrictWestminster School District could move a student with autism to a 45-day interim setting after a teacher's serious bodily injury.District prevailed on all issues
- Student v. Amador County Unified School District et al.Amador County Unified denied FAPE by moving a preschool autism class to a cramped Plymouth portable; new classroom and compensatory education ordered.Split decision: student prevailed on 7 of 9 issues