California OAH Special Education Decisions from 2013
95 decisions: student prevailed on all issues in 8, split in 34, district prevailed on all issues in 53.
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- Student v. Palo Alto Unified School DistrictPalo Alto Unified prevails on all claims; school-based autism program, not home instruction, held appropriate despite student's allergies.District prevailed on all issues
- Student v. Las Virgenes Unified School District (consolidated)Las Virgenes Unified offered FAPE in its Social Communication Program; parents' request for an IEE and continued nonpublic school placement denied.District prevailed on all issues
- Student v. Contra Costa County Probation DepartmentContra Costa County Probation must fund one hour of tutoring for one day it blocked instruction; other claims denied.Split decision: student prevailed on 2 of 10 issues (2 in part)
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified must provide 20 compensatory assistive technology sessions for a late communication assessment; all other claims denied.Split decision: student prevailed on 3 of 6 issues (3 in part)
- Student v. Contra Costa County Probation DepartmentContra Costa County Probation must fund 20 hours of tutoring for blocking juvenile hall instruction; most other claims denied.Split decision: student prevailed on 3 of 11 issues (3 in part)
- Student v. Humboldt County Office of Education et al. (consolidated)Northern Humboldt Union High must fund residential treatment; it and Humboldt County Office of Education owe assessments and 168 compensatory hours.Split decision: student prevailed on 16 of 26 issues (7 in part)
- Student v. Santa Monica-Malibu Unified School District (consolidated)Santa Monica-Malibu Unified must reimburse Summit View tuition, tutoring and mileage; district's assessment upheld and IEE denied.Split decision: student prevailed on 6 of 18 issues (2 in part)
- Clovis Unified School District v. StudentClovis Unified's 2013 IEP offer for an eighth grader with intellectual disability, as revised by prior written notice, upheld as FAPE.District prevailed on all issues
- Vista Unified School District v. StudentVista Unified may implement its 2013 IEP for a sixth grader despite the parents' procedural objections.District prevailed on all issues
- Student v. Tustin Unified School District (consolidated)Tustin Unified may implement IEP moving medically fragile student from county program to Currie Middle School; Student's claims denied.District prevailed on all issues
- San Leandro Unified School District v. StudentSan Leandro Unified may move a student to Roosevelt Elementary's counseling enriched program for up to 45 school days.District prevailed on all issues
- Student v. Rosedale Union Elementary School DistrictRosedale Union Elementary must fund 72 hours of reading tutoring for a child find delay; three other claims denied.Split decision: student prevailed on 1 of 4 issues (1 in part)
- Stanislaus Union School District v. StudentStanislaus Union may exit a first grader with autism from special education; triennial assessment upheld and IEE denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: claims about missed OT and no 2013 IEP meeting were barred by a settlement agreement's FAPE waiver.District prevailed on all issues
- Student v. Greenfield Union School DistrictGreenfield Union School District prevails on all three claims about IEP rescheduling, an alleged hitting incident, and exit from special education.District prevailed on all issues
- Student v. William S. Hart Union High School DistrictWilliam S. Hart Union High School District prevails on all assessment, bullying, and behavior support plan claims.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not deny FAPE by offering school-to-school instead of home-to-school bus transportation.District prevailed on all issues
- Student v. West Contra Costa Unified School District (consolidated)West Contra Costa Unified wins every issue; parents must allow triennial testing without the mother observing.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified must reimburse $43,811 in private school tuition after IEPs lacked appropriate behavior supports; other claims denied.Split decision: student prevailed on 1 of 8 issues (1 in part)
- Student v. Cupertino Union School DistrictCupertino Union did not predetermine middle school special day class placement for autistic student; all relief denied.District prevailed on all issues
- Rialto Unified School District v. StudentRialto Unified may place an eight-year-old at Bright Futures Academy for up to 45 school days after showing dangerousness.District prevailed on all issues
- Student v. Manteca Unified School District (consolidated)Manteca Unified wins all issues and may place student at Children's Home of Stockton without parent consent.District prevailed on all issues
- Lawndale Elementary School District v. StudentLawndale Elementary School District's five triennial assessments upheld; the district does not have to fund independent evaluations.District prevailed on all issues
- Student v. Los Angeles Unified School District (consolidated)Los Angeles Unified prevails on a preschooler's PT, OT and speech service levels and defends its speech assessment against an IEE request.District prevailed on all issues
- Student v. Oakland Unified School DistrictOakland Unified properly found a fifth grader ineligible for special education and did not have to reassess him; all claims denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must provide school-to-school transportation for a first grader it moved to Lassen Elementary because of overcrowding.Student prevailed on all issues
- Irvine Unified School District v. StudentIrvine Unified's moderate/severe special day class offer for a kindergartner with autism upheld; district may implement IEP without consent.District prevailed on all issues
- Student v. Contra Costa County Probation DepartmentALJ rules OAH has jurisdiction over Contra Costa County Probation only when it blocks wards on security status from all CCCOE instruction.Student prevailed in part
- Student v. Contra Costa County Probation DepartmentContra Costa County Probation is a responsible special education agency only when its security programs block a ward's schooling.Student prevailed in part
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's offer of an autism class on the Reseda High School campus was the least restrictive environment; Student's claim denied.District prevailed on all issues
- San Dieguito Union High School District v. StudentSan Dieguito Union High School District's speech and PT assessments and nonpublic school IEP offer upheld; no IEEs owed.District prevailed on all issues
- Student v. Alhambra Unified School District et al.Alhambra Unified, not Whittier, is responsible for a conserved adult student placed in a group home within Whittier's boundaries and denied him FAPE.Student prevailed on all issues
- Oakland Unified School District v. StudentOakland Unified may implement its full-time school IEP over a parent's objection, but cannot contact the student's doctors without her consent.Split decision: student prevailed on 1 of 2 issues
- Student v. Roseville Joint Union High School DistrictRoseville Joint Union High must reinstate student because its manifestation review ignored his bipolar diagnosis; ADHD claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Los Angeles Unified School DistrictStudent with autism wins all issues against Los Angeles Unified; ALJ invalidates diploma, restores eligibility, and orders compensatory speech and OT.Student prevailed on all issues
- Student v. San Lorenzo Unified School DistrictSan Lorenzo Unified's special day class placement for science and social studies upheld as FAPE in the least restrictive environment.District prevailed on all issues
- Torrance Unified School District v. StudentTorrance Unified may complete a triennial reassessment without parental consent, and parents may not be present in the testing room.District prevailed on all issues
- Student v. Fresno Unified School District (consolidated)Fresno Unified's assessments upheld and parents' IEP claims denied, but its four-school placement offer cannot be implemented.Split decision: student prevailed on 1 of 7 issues
- Fallbrook Union Elementary School District v. StudentFallbrook Union Elementary may conduct an educationally related mental health assessment of a 14-year-old without his mother's consent.District prevailed on all issues
- Panama-Buena Vista Union School District v. StudentPanama-Buena Vista Union School District fails to prove its psychoeducational assessment was appropriate; its request to avoid funding an IEE is denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund an independent transition assessment after failing to provide adequate transition planning; three other claims denied.Split decision: student prevailed on 1 of 4 issues
- Student v. Torrance Unified School DistrictTorrance Unified prevails on all speech and language claims for a nonverbal 19-year-old at a nonpublic school.District prevailed on all issues
- Student v. Capistrano Unified School District (consolidated)Capistrano Unified must reimburse $91,000 for a Utah residential school after its day-program offer and triennial assessment denied FAPE.Student prevailed on all issues
- Student v. New Haven Unified School DistrictNew Haven Unified prevails on all claims involving interpreters for a deaf parent, waived assessments, and IEP goals.District prevailed on all issues
- Student v. Tuolumne County California Children's ServicesTuolumne County California Children's Services must restore direct OT and PT and provide 90 compensatory therapy hours after unilateral cuts.Split decision: student prevailed on 2 of 5 issues (1 in part)
- Student v. Cupertino Union School DistrictCupertino Union must provide summer compensatory ABA, home teaching, speech, and OT after predetermined offer and failed home-hospital services.Split decision: student prevailed on 2 of 3 issues
- Student v. ABC Unified School DistrictABC Unified did not have to offer a residential treatment center to a student leaving a psychiatric hospital within its boundaries.District prevailed on all issues
- Aspire Public Schools v. StudentAspire Public Schools may not implement an IEP written at a meeting held without parents after Mother asked to reschedule.Student prevailed on all issues
- Student v. Compton Unified School District et al.Compton Unified must fund four independent evaluations, one shared with LACOE, after assessment, placement, and IEP failures; compensatory services denied.Split decision: student prevailed on 14 of 36 issues (5 in part)
- Student v. Antioch Unified School District et al.Pittsburg Unified violated child find by not assessing a student with MS, but no FAPE denial; Antioch Unified prevails.District prevailed on all issues
- Student v. California Children's Services (California Department of Health Care Services)California Children's Services must provide weekly OT, compensatory OT and $900 for independent assessments; eight other claims denied.Split decision: student prevailed on 2 of 10 issues
- Anaheim City School District v. StudentAnaheim City School District may assess a fifth grader without parental consent under its March 28, 2013 assessment plan.District prevailed on all issues
- Student v. Jurupa Unified School DistrictJurupa Unified did not deny FAPE by ending bus service or keeping student in his special day class.District prevailed on all issues
- Student v. Poway Unified School District (consolidated)Poway Unified may give a fourth grader with autism the KABC-II cognitive test over parent objection; auditory processing claim denied.District prevailed on all issues
- Student v. Coronado Unified School DistrictCoronado Unified was not responsible for two brothers while their family lived outside the district, but was responsible from January 13, 2013.Student prevailed in part
- Student v. Pittsburg Unified School DistrictPittsburg Unified prevails: student with ADHD not eligible for special education under learning disability, health impairment, or emotional disturbance.District prevailed on all issues
- Santa Rita Union Elementary School District v. StudentSanta Rita Union Elementary may remove speech-language eligibility and end speech services for an English learner, ALJ rules.District prevailed on all issues
- Fresno Unified School District v. StudentFresno Unified may reassess a 21-year-old without consent and implement its IEP; services may end if parents refuse to cooperate with reassessment.Split decision: student prevailed on 1 of 3 issues (1 in part)
- Student v. Lake Elsinore Unified School DistrictLake Elsinore Unified prevails on all six claims from student with autism, including goals, placement, ESY, and IEE reimbursement.District prevailed on all issues
- Student v. New Haven Unified School DistrictALJ upholds New Haven Unified's finding that a student's assault on a principal was not a manifestation of her ADHD.District prevailed on all issues
- Student v. Brea Olinda Unified School DistrictBrea Olinda Unified's manifestation determination upheld; ALJ finds the student's ADHD did not cause the conduct behind his expulsion recommendation.District prevailed on all issues
- Student v. Los Angeles Unified School District (consolidated)Los Angeles Unified must fund a speech and language IEE; child find violation found harmless, so private assessment reimbursement denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Baldwin Park Unified School District et al. (consolidated)Baldwin Park and Covina Valley Unified need not refer a deaf student to the California School for the Deaf; 2012 IEP upheld.District prevailed on all issues
- Student v. Redlands Unified School District (consolidated)Redlands Unified prevails on all issues; assessments, IEPs, and behavior support plans upheld and June 2012 IEP offered FAPE.District prevailed on all issues
- Student v. Redwood City School DistrictRedwood City School District prevails; ALJ finds privately placed first grader was not eligible for special education in any claimed category.District prevailed on all issues
- Student v. Mt. Diablo Unified School DistrictMt. Diablo Unified must reimburse private school tuition and tutoring after a five-month delay in holding an initial IEP meeting.Split decision: student prevailed on 2 of 3 issues
- Student v. Acalanes Union High School DistrictAcalanes Union High School District correctly found a student with ADHD ineligible for special education; Fusion Academy reimbursement denied.District prevailed on all issues
- Student v. California Department of EducationCalifornia Department of Education did not deny FAPE when state schools for the deaf and blind declined to assess student.District prevailed on all issues
- Student v. El Centro Elementary School District (consolidated)El Centro Elementary must provide 15 hours of compensatory occupational therapy; its special day class offers are upheld.Split decision: student prevailed on 1 of 10 issues (1 in part)
- Student v. Sacramento County Office of Education et al.Sacramento County Office of Education denied FAPE to a student in juvenile hall; Sacramento City Unified not responsible.Split decision: student prevailed on 8 of 11 issues (1 in part)
- Student v. San Diego County Office of EducationSan Diego County Office of Education must find and implement a residential placement for a detained student; OT violation also found.Split decision: student prevailed on 2 of 4 issues
- Lucia Mar Unified School District v. StudentLucia Mar Unified may reassess a student with qualified assessors of its choice despite the parent's objection to familiar staff.District prevailed on all issues
- Student v. Clovis Unified School DistrictClovis Unified's blended special day class and general education middle school placement upheld; all of Student's claims denied.District prevailed on all issues
- Student v. Antelope Valley Union High School DistrictAntelope Valley Union High School District prevails on all four claims about foster-care enrollment, supervision, counseling, and transportation.District prevailed on all issues
- Student v. Julian Charter School et al.Julian Charter School's proposed special day class denied a student with Down syndrome FAPE in the LRE; aide-documentation claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Anaheim Union High School DistrictAnaheim Union High must provide six hours of counseling and reimburse a private assessment after failing its child find duty.Split decision: student prevailed on 2 of 2 issues (1 in part)
- Santa Clara Unified School District v. StudentSanta Clara Unified's Beacon nonpublic school offer was a FAPE, and the District may reassess the student without parent consent.District prevailed on all issues
- Student v. Bellflower Unified School District (consolidated)Bellflower Unified failed to offer FAPE in the LRE; ALJ orders full-day general education at home school with ABA support.Split decision: student prevailed on 2 of 8 issues (1 in part)
- Student v. William S. Hart Union High School DistrictWilliam S. Hart Union High School District must fund a psychoeducational IEE after refusing it and not filing for due process.Student prevailed on all issues
- Torrance Unified School District v. StudentTorrance Unified may complete a triennial assessment without parental consent or parents present; FAPE obligation ends if student not presented.District prevailed on all issues
- Student v. Temecula Valley Unified School DistrictALJ reverses Temecula Valley Unified's manifestation determination and orders the District to reinstate a student with autism facing expulsion.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's offer to keep a blind student with multiple disabilities at Salvin Special Education Center upheld; no relief ordered.District prevailed on all issues
- Saddleback Valley Unified School District v. StudentSaddleback Valley Unified's physical therapy assessment was appropriate; the district need not fund an independent evaluation.District prevailed on all issues
- Student v. Vista Unified School DistrictVista Unified prevails: kindergartner with possible high-functioning autism was not eligible for special education, ALJ rules.District prevailed on all issues
- Kern High School District v. StudentKern High School District must fund an independent psychoeducational evaluation after failing to prove its mental health assessment was adequate.Student prevailed on all issues
- Student v. Paso Robles Unified School DistrictPaso Robles Unified and San Luis Obispo County Mental Health prevail on all claims over an autistic student's final two high school years.District prevailed on all issues
- Student v. Antelope Valley Union High School District (consolidated)Antelope Valley Union High must fund two IEEs and 300 compensatory hours after a flawed triennial assessment.Split decision: student prevailed on 4 of 7 issues (1 in part)
- Student v. Santa Barbara Unified School DistrictSanta Barbara Unified prevails on all claims that it failed to implement a nonverbal autistic student's IEP after a settlement.District prevailed on all issues
- Student v. Temecula Valley Unified School District et al.Temecula Valley Unified and Keegan Academy charter must fund nonpublic school placement and reimburse parents after failing to implement IEPs.Split decision: student prevailed on 12 of 15 issues (6 in part)
- Cucamonga School District v. StudentCucamonga School District may reassess a third grader with autism without parental consent; the ALJ rejected the parent's Larry P. objection to the tests.District prevailed on all issues
- Student v. Dublin Unified School DistrictDublin Unified wins on every claim about a fifth-grader's assessments, IEPs, accommodations and middle school offer.District prevailed on all issues
- Student v. Hollister School DistrictHollister School District must provide 46 hours of social skills or extracurricular activities after omitting general education teachers from IEP meetings.Split decision: student prevailed on 2 of 3 issues (2 in part)
- Student v. Temecula Valley Unified School District (consolidated)Temecula Valley Unified must provide 24 hours of psychotherapy for delaying an IEE response; August 2012 nonpublic school offer upheld.Split decision: student prevailed on 2 of 6 issues (1 in part)
- Student v. Santa Barbara Unified School DistrictSanta Barbara Unified must provide 180 hours of reading instruction and child find staff training; predetermination claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. High Tech High et al.High Tech High must reimburse $25,287 for nonpublic school tuition and a speech evaluation; six claims denied.Split decision: student prevailed on 6 of 12 issues