California OAH Special Education Decisions from 2012
96 decisions: student prevailed on all issues in 13, split in 23, district prevailed on all issues in 60.
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- Student v. Redlands Unified School DistrictRedlands Unified must reimburse $3,697 in private preschool tuition because its special education preschool was not the LRE.Split decision: student prevailed on 1 of 3 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. Los Angeles Unified School DistrictLos Angeles Unified must fund a bilingual speech-language IEE after failing to file for hearing; three service claims denied.Split decision: student prevailed on 1 of 4 issues
- Student v. Fullerton Joint Union High School DistrictFullerton Joint Union High School District prevails on claims of unaddressed bullying and failure to consider outside doctors' opinions.District prevailed on all issues
- Student v. Temecula Valley Unified School DistrictTemecula Valley Unified denied FAPE by skipping science and social studies for a sixth grader; speech, assessment and participation claims denied.Split decision: student prevailed on 1 of 4 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not deny FAPE by declining to provide an iPad after a failed touchscreen trial.District prevailed on all issues
- Student v. Antelope Valley Union High School DistrictAntelope Valley Union High School District prevails on all claims over a blind ninth grader's August 2012 IEP.District prevailed on all issues
- San Diego Unified School District v. StudentSan Diego Unified's February and May 2012 IEPs offered FAPE; district need not fund private Pioneer Day School placement.District prevailed on all issues
- Manhattan Beach Unified School District v. StudentManhattan Beach Unified's offer of residential treatment at Devereaux in Texas was a FAPE and may be implemented without parental consent.District prevailed on all issues
- Student v. Natomas Unified School DistrictNatomas Unified denied FAPE through unclear IEP offers and missed occupational therapy; it must provide 345 OT minutes and fix its IEP drafting.Split decision: student prevailed on 3 of 9 issues (1 in part)
- Student v. Upland Unified School DistrictUpland Unified did not owe 2010 extended school year services to a parentally placed private school student; all claims denied.District prevailed on all issues
- Student v. Santa Clara Unified School District (consolidated)Santa Clara Unified's moderate to severe SDC offer upheld as the LRE; district may give a cognitive assessment only.Split decision: student prevailed on 1 of 4 issues (1 in part)
- Student v. Hermosa Beach City School DistrictHermosa Beach City School District must reimburse $12,832.40 for a private school after offering an expelled student no appropriate placement.Split decision: student prevailed on 2 of 6 issuesVanaman German LLP represented the student
- Student v. Sacramento City Unified School DistrictSacramento City Unified delayed assessing a second grader after a parent's request, but the ALJ found her ineligible and ordered no relief.District prevailed on all issues
- Manhattan Beach Unified School District v. StudentManhattan Beach Unified offered FAPE with in-school aide and its own behavior analyst, and ESY was not required; district may implement IEPs.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. Oakland Unified School DistrictOakland Unified must fund 54 compensatory hours, a $10,008 IEE, and Innercept stay put costs; graduation upheld.Split decision: student prevailed on 3 of 17 issues
- Student v. Upland Unified School DistrictUpland Unified prevails as private school and Lindamood-Bell reimbursement claims are found time-barred or unproven.District prevailed on all issues
- Student v. Westminster School DistrictWestminster School District may place an autistic kindergartner in the SUCSESS class at his home school; all claims denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all six claims by a graduated student over algebra support, IEE, counseling and transcripts.District prevailed on all issues
- Student v. Compton Unified School DistrictCompton Unified failed to assess for ADHD and find student eligible; must provide 120 hours of reading and math tutoring.Student prevailed on all issues
- San Luis Coastal Unified School District v. StudentSan Luis Coastal Unified may give autism test with two school psychologists after parents' objection to one assessor was resolved at hearing.District prevailed on all issues
- Santa Barbara Unified School District v. StudentSanta Barbara Unified's speech and language assessment was appropriate, so the district does not have to fund an IEE.District prevailed on all issues
- Student v. Garden Grove Unified School District (consolidated)Garden Grove Unified defeats all of Student's claims and defends its assessment, but attorney consent letters count as valid consent.Split decision: student prevailed on 1 of 11 issues
- Encinitas Union School District v. StudentEncinitas Union wins all issues: its speech, psycho-educational, behavior, and OT assessments are upheld, and it owes no IEEs.District prevailed on all issues
- Student v. Garvey School DistrictGarvey School District did not deny FAPE by declining speech therapy during the five-week gap after ESY.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified owes 45 hours of language arts instruction for missing prior written notice; ten other claims denied.Split decision: student prevailed on 1 of 11 issues
- Student v. Calaveras Unified School District et al.Calaveras Unified and Calaveras County SELPA prevail on all claims over assessment, ADD services, graduation, and transition planning.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's April 2012 IEP properly documented a student's accommodations; parent's claim of FAPE denial rejected.District prevailed on all issues
- Student v. Brentwood Union School DistrictBrentwood Union School District denied a preschooler FAPE in the LRE and must reimburse $2,250 in private preschool tuition.Split decision: student prevailed on 2 of 3 issues
- Student v. Chaffey Joint Union High School DistrictChaffey Joint Union High School District did not deny FAPE by refusing to provide an iPad for a student's bus rides.District prevailed on all issues
- Student v. Eastside Union School DistrictEastside Union denied FAPE by changing a student's placement without notifying her parents, but the ALJ awarded no remedy.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not have to bus a student with autism to his private after-school program; claim denied.District prevailed on all issues
- Student v. Lucia Mar Unified School District (consolidated)Lucia Mar Unified prevails on all issues; its February 2012 IEP, with special day class and revised behavior plan, offered FAPE.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified prevails on all claims that the Stein Center nonpublic school placement denied an autistic student a FAPE.District prevailed on all issues
- Student v. Fresno Unified School DistrictFresno Unified must provide an extra year of services to age 23 after refusing stay put related services; three other claims denied.Split decision: student prevailed on 1 of 4 issues (1 in part)
- Placentia-Yorba Linda Unified School District v. StudentPlacentia-Yorba Linda Unified need not fund an IEE requested more than two years after its assessment.District prevailed on all issues
- Student v. Fresno Unified School DistrictFresno Unified predetermined an adult transition placement for a 20-year-old; ALJ orders an independent assessment and a new IEP meeting.Student prevailed on all issues
- Student v. Long Beach Unified School DistrictLong Beach Unified denied FAPE by rejecting a county mental health residential treatment recommendation; 11 other claims denied.Split decision: student prevailed on 1 of 12 issues
- Student v. Tamalpais Union High School DistrictTamalpais Union High School District did not have to fund a Utah residential treatment center; all reimbursement claims denied.District prevailed on all issues
- Student v. Garden Grove Unified School District (consolidated)Garden Grove Unified wins on all issues: 2009 claims fail and its 2011 nonpublic school offer is found to provide FAPE.District prevailed on all issues
- Student v. Santa Monica-Malibu Unified School District (consolidated)Santa Monica-Malibu Unified prevails on all issues; its autism-focused class at Grant Elementary with a full-day aide offered FAPE.District prevailed on all issues
- Student v. Stockton Unified School DistrictStockton Unified must train staff on timely manifestation meetings after failing to finish a disciplinary review; three other claims fail.Split decision: student prevailed on 1 of 4 issues
- Irvine Unified School District v. StudentIrvine Unified's preschool assessment of a multilingual three-year-old was appropriate; district need not fund an IEE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified denied FAPE by offering only one daily stander session; ALJ orders two sessions a day.Student prevailed on all issues
- Lucia Mar Unified School District v. StudentLucia Mar Unified's June 2011 offer of a full-time middle school SDC for a nonverbal autistic student was a FAPE in the LRE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all seven claims challenging a sixth-grader's June 2011 IEP offering a middle school special day class.District prevailed on all issues
- Student v. Cupertino Union School DistrictCupertino Union prevails on behavior-goal implementation and private-evaluation claims brought by the parent of a student with autism.District prevailed on all issues
- Cloverdale Unified School District v. StudentCloverdale Unified's December 2011 IEP offering a special day class placement provided FAPE and may be implemented without parental consent.District prevailed on all issues
- Student v. Fountain Valley School District (consolidated)Fountain Valley School District's kindergarten IEP and behavior plan offered FAPE; parents' private school reimbursement claim denied.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's June 2011 general education kindergarten IEP for a student with autism offered a FAPE in the LRE.District prevailed on all issues
- Student v. Baldwin Park Unified School DistrictBaldwin Park Unified wrongly refused an emotional disturbance assessment, but the ALJ found no denial of FAPE and denied all relief.District prevailed on all issues
- Student v. Paso Robles Joint Unified School DistrictPaso Robles Joint Unified prevails on all claims over a preschooler's eligibility category, autism assessment, behavior supports, and speech services.District prevailed on all issues
- Student v. Fairfield-Suisun Unified School DistrictFairfield-Suisun Unified had a basis of knowledge of a suspected disability and must reinstate a seventh grader expelled without a manifestation review.Split decision: student prevailed on 1 of 3 issues
- Student v. Poway Unified School DistrictDistrict did not have to provide CART word-for-word transcription; TypeWell offer for hard-of-hearing ninth grader upheld on remand.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all six claims brought by a parent representing her daughter with a learning disability.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified properly graduated a student with a diploma and provided adequate transition plans; all claims denied.District 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
- Student v. Ocean View School District (consolidated)Ocean View School District's July 2011 IEP with a district-run ABA program offered FAPE; parents' predetermination and eligibility claims denied.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's May 2011 IEP offering an auditory/oral deaf and hard-of-hearing class at Melrose offered FAPE in the LRE.District prevailed on all issues
- Student v. Anaheim Union High School DistrictAnaheim Union High had a "basis of knowledge" that a 504-plan student might have a disability and must hold a manifestation determination.Student prevailed on all issues
- Carlsbad Unified School District v. StudentCarlsbad Unified's IEP replacing an agency aide with a District aide offered FAPE and may be implemented without consent.District prevailed on all issues
- Student v. Oakdale Joint Unified School DistrictOakdale Joint Unified denied a kindergartner with an intellectual disability a FAPE in the LRE and must reimburse private school costs.Split decision: student prevailed on 2 of 3 issues
- Student v. Los Angeles County Office of EducationLos Angeles County Office of Education denied a FAPE to a student in juvenile hall; ALJ orders residential treatment placement.Student prevailed on all issues
- Student v. California Children's Services (Calaveras County)Calaveras County California Children's Services must restore therapy it cut outside the IEP process; student prevails on all issues.Student prevailed on all issues
- Student v. Fresno Unified School DistrictFresno Unified's manifestation determination is voided over late notice, a missing relevant teacher, and unconsidered cognitive concerns; student reinstated.Split decision: student prevailed on 3 of 6 issues (1 in part)
- Oak Park Unified School District v. StudentOak Park Unified's June 2011 IEP offered a FAPE; district may implement it without consent if student enrolls.District prevailed on all issues
- Student v. Saddleback Valley Unified School DistrictSaddleback Valley Unified offered FAPE and parents' noncooperation defeated later claims; district must still pay agreed $2,150 IEE.District prevailed on all issues
- Student v. Ventura Unified School DistrictVentura Unified prevails on child find, assessment, and emotional disturbance eligibility claims; no reimbursement for Utah residential placement.District prevailed on all issues
- Student v. Baldwin Park Unified School District (consolidated)Baldwin Park Unified denied FAPE by failing to assess and support a 6-year-old's behavior; placement and other claims denied.Split decision: student prevailed on 3 of 11 issues (1 in part)
- Student v. Center Unified School DistrictCenter Unified's finding that a student's on-campus marijuana use was not a manifestation of her ADHD is upheld.District prevailed on all issues
- Student v. Victor Valley Union High School District et al. (consolidated)Victor Valley Union High must keep student partly mainstreamed and conduct a new behavior assessment; most of 55 claims denied.Split decision: student prevailed on 6 of 89 issues
- Cloverdale Unified School District v. StudentCloverdale Unified may conduct a 12-year-old's triennial reassessment without parental consent after parents did not appear at hearing.District prevailed on all issues
- 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. Etiwanda School DistrictEtiwanda School District prevails on all claims over autism eligibility, behavior services, and home/hospital instruction across three school years.District prevailed on all issues
- Student v. Fallbrook Union High School DistrictFallbrook Union High School District denied FAPE by holding no IEPs, assessments, or transition plan; ALJ orders independent evaluation before setting remedy.Student prevailed on all issues
- Student v. Los Angeles County Office of EducationLos Angeles County Office of Education denied FAPE by rejecting residential treatment for a juvenile court school student; RTC placement ordered.Student prevailed on all issues
- Student v. Santa Monica-Malibu Unified School District (consolidated)Santa Monica-Malibu Unified's assessments and preschool offers upheld; IEE and private preschool reimbursement denied on every issue.District prevailed on all issues
- Student v. Oceanside Unified School DistrictOceanside Unified's two-hour bus ride to a settlement-funded private school did not deny an autistic student a FAPE.District prevailed on all issues
- Student v. Temecula Valley Unified School District et al.Temecula Valley Unified must reimburse $106,631 for a residential placement after offers failed to address a student's school avoidance.Split decision: student prevailed on 3 of 5 issues (2 in part)
- Student v. Westminster School DistrictWestminster School District prevails; stay put placement was the Johnson Middle School SUCSESS class, and IEP offer claims denied.District prevailed on all issues
- Student v. Temecula Valley Unified School DistrictTemecula Valley Unified need not provide curb-to-curb transportation after a transfer or a one-to-one aide; all claims denied.District prevailed on all issues
- Student v. San Rafael City SchoolsSan Rafael City Schools' offer of Anova nonpublic school placement upheld; parents' reimbursement claim for Star Academy denied.District prevailed on all issues
- San Dieguito Union High School District v. StudentSan Dieguito Union High School District's nonpublic school offer provided a FAPE; residential placement not required.District prevailed on all issues
- Student v. Glendale Unified School District et al.Glendale Unified and Los Angeles Unified met their child find duties to a private school student; Westmark reimbursement denied.District prevailed on all issuesVanaman German LLP represented the student
- Student v. Marin County Mental Health Youth and Family ServicesMarin County Mental Health must fund $41,760 in mental health services for failing to provide adequate goals and counseling.Student prevailed on all issues
- Student v. Los Angeles Unified School District (consolidated)Los Angeles Unified may move a fifth grader from full inclusion to a special day class; ALJ finds FAPE in the LRE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified denied FAPE by excluding a joint-custody mother from assessment and out-of-state RTC placement; DMH prevailed.Split decision: student prevailed on 2 of 3 issues
- Student v. Bassett Unified School DistrictBassett Unified properly gave a student with a learning disability a regular diploma and delivered his IEP services; all claims denied.District prevailed on all issues
- Student v. Fullerton School District (consolidated)Fullerton School District must reimburse $6,475 for an independent evaluation after offering reassessment instead of funding or defending.Split decision: student prevailed on 2 of 3 issues
- Student v. Mill Valley School DistrictMill Valley School District wrongly denied OHI eligibility to a gifted eighth grader with ADHD; ALJ orders 36 compensatory hours.Student prevailed on all issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified offered a deaf student FAPE in the LRE; parents' reimbursement claim for Westview School denied.District prevailed on all issuesVanaman German LLP represented the student
- 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. Franklin-McKinley School DistrictFranklin-McKinley School District prevails on all claims over a May 2011 IEP and a requested dyslexia IEE.District prevailed on all issues
- Student v. Vallecito Union School DistrictVallecito Union must provide a year of push-in behavior services and bus mileage reimbursement; most other claims denied.Split decision: student prevailed on 5 of 18 issues (2 in part)
- Student v. Horizon Instructional Systems Charter SchoolHorizon Instructional Systems Charter School denied a student with autism FAPE through deficient transition plans; ALJ orders an assessment, a mobility guide and a job coach.Student prevailed on all issues
