California OAH Special Education Decisions from 2014
86 decisions: student prevailed on all issues in 8, split in 36, district prevailed on all issues in 42.
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- San Mateo-Foster City School District v. StudentSan Mateo-Foster City School District's rapid mental health assessment was appropriate, so the parent's request for a publicly funded IEE was denied.District prevailed on all issues
- Student v. Downey Unified School District (consolidated)Downey Unified must reimburse $9,324.80 for summer Lindamood-Bell after an unclear 2013 ESY offer; all other claims denied.Split decision: student prevailed on 1 of 26 issues (1 in part)
- Student v. Fortuna Union High School District et al.Fortuna Union High School District is the district of residence for an adult student with autism living elsewhere, ALJ rules.Student prevailed on all issues
- Rocklin Unified School District v. StudentRocklin Unified's May 2014 speech and language assessment was flawed; district must fund an independent evaluation.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all 11 claims over inclusion activities and services for a 10-year-old with an intellectual disability.District prevailed on all issues
- Vista Unified School District v. StudentVista Unified may implement its May 2014 IEP placing a student with autism at Stein Education Center over parents' objections.District prevailed on all issues
- Santa Monica-Malibu Unified School District v. StudentSanta Monica-Malibu Unified may place a tenth grader at Linden Center nonpublic school without parental consent.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must provide 25 hours of make-up home instruction after leaving medically fragile student without a teacher; placement claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Berkeley Unified School DistrictBerkeley Unified prevails on every claim about a young autistic student's kindergarten transition, IEP goals, iPad, and records.District prevailed on all issues
- Desert Sands Unified School District v. StudentDesert Sands Unified's 2013 IEP denied FAPE by dropping adapted PE and omitting OT; home instruction and reassessment upheld.Split decision: student prevailed on 1 of 3 issues
- Student v. Oakland Unified School DistrictOakland Unified must provide 32 hours of compensatory instruction for missed placement and summer days; transportation claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Long Beach Unified School DistrictLong Beach Unified denied FAPE by taking seven months to contract for an agreed auditory processing assessment; staff training ordered.Student prevailed on all issues
- Student v. Ross Valley School DistrictRoss Valley must pay $45,380 for a year at STAR Academy because its 2013 IEP lacked behavior and counseling supports.Split decision: student prevailed on 2 of 9 issues (2 in part)
- Monterey Peninsula Unified School District v. StudentMonterey Peninsula Unified may assess a kindergartner for special education without his parents' consent, ALJ rules.District prevailed on all issues
- Student v. Pasadena Unified School DistrictPasadena Unified prevails on all claims; therapeutic school placement upheld as least restrictive environment for fifth grader.District prevailed on all issues
- Student v. Oakland Unified School DistrictOakland Unified must reimburse $44,449.91 for residential placement after failing to assess and serve a student's mental health needs.Split decision: student prevailed on 2 of 5 issues (2 in part)
- Student v. Pasadena Unified School DistrictPasadena Unified must add a one-to-one aide, social skills group and intensive counseling plus 81 compensatory hours; other claims denied.Split decision: student prevailed on 3 of 7 issues (1 in part)
- Student v. Pajaro Valley Unified School DistrictPajaro Valley Unified must reimburse Chartwell tuition and mileage for a late IEP meeting and a missing general education teacher; other claims denied.Split decision: student prevailed on 2 of 11 issues (1 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund an IEE, 360 compensatory hours, and $3,600 for an honors graduate who lacked basic skills.Split decision: student prevailed on 3 of 4 issues (1 in part)
- Student v. The Charter School of San DiegoThe Charter School of San Diego must reimburse $47,190.88 for a residential placement after it predetermined its May 2012 IEP offer.Student prevailed on all issues
- Student v. Elk Grove Unified School DistrictElk Grove Unified must reimburse $1,100 for private physical therapy after failing to assess and serve a preschooler with cerebral palsy.Split decision: student prevailed on 3 of 3 issues (2 in part)
- Student v. Panama-Buena Vista Union School DistrictPanama-Buena Vista Union prevails; ALJ denies home hospital instruction claim because required medical report was never provided.District prevailed on all issues
- Student v. High Tech Middle North CountyHigh Tech Middle North County's manifestation finding in knife expulsion upheld, but the charter must hold an IEP meeting to offer services.Split decision: student prevailed on 1 of 5 issues
- Student v. Arcadia Unified School DistrictArcadia Unified had no duty to assess or offer FAPE to a student still enrolled in a charter school; all claims denied.District prevailed on all issues
- Celerity Educational Group v. StudentCelerity Educational Group's March 2014 assessment found appropriate; charter school need not fund an independent educational evaluation.District prevailed on all issues
- Student v. Fresno Unified School District (consolidated)Fresno Unified must fund 55 months of individualized compensatory education through EvoLibri for a 22-year-old denied FAPE for 39 months.Split decision: student prevailed on 11 of 14 issues
- Student v. Spencer Valley Elementary School District (consolidated)Spencer Valley's predetermined placement denied FAPE and cannot be implemented; for implementation failures, it must fund up to $1,500 and inclusion training.Split decision: student prevailed on 4 of 12 issues (1 in part)
- Student v. Cupertino Union School DistrictCupertino Union wins on all claims: the ALJ finds it considered private CARD reports and did not predetermine placement.District prevailed on all issues
- Student v. Rialto Unified School DistrictRialto Unified had to hold a manifestation determination before its attendance review board removed a special education student; staff training ordered.Split decision: student prevailed on 2 of 3 issues
- Student v. Rialto Unified School DistrictRialto Unified must train staff after skipping a manifestation review for a truancy-based placement change; absences not shown disability-related.Split decision: student prevailed on 1 of 2 issues
- Student v. Burbank Unified School DistrictBurbank Unified did not have to fund residential treatment; its nonpublic day school offer provided a FAPE.District prevailed on all issuesVanaman German LLP represented the student
- Student v. Capistrano Unified School District et al.Capistrano Unified and Journey Charter School prevail; non-disciplinary removals from class were not suspensions requiring manifestation reviews.District prevailed on all issues
- Student v. Twin Rivers Unified School District (consolidated)Twin Rivers Unified must provide 34 hours of compensatory behavior services; its special day class offer may be implemented.Split decision: student prevailed on 1 of 4 issues
- Capistrano Unified School District v. StudentCapistrano Unified's offer of a behavior intervention classroom at Wood Canyon Middle School upheld as a FAPE in the LRE.District prevailed on all issues
- Clovis Unified School District v. StudentClovis Unified may conduct triennial intellectual and adaptive behavior testing of a 12-year-old without parent consent.District prevailed on all issues
- Magnolia Elementary School District v. StudentMagnolia Elementary School District's triennial assessment and nonpublic school IEP offer upheld; district may implement the IEP.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must fund two IEEs; revoking consent to a first IEP did not end the student's special education rights.Split decision: student prevailed on 1 of 2 issues
- Student v. Yucaipa-Calimesa Joint Unified School District et al.Yucaipa-Calimesa Joint Unified and San Bernardino County Superintendent must provide 232 compensatory hours of Braille and mobility instruction; most other claims denied.Split decision: student prevailed on 2 of 11 issues (2 in part)
- Student v. Bellflower Unified School DistrictBellflower Unified prevails on all claims over speech assessments, communication goals, and placement for a kindergartner with autism.District prevailed on all issues
- Kern High School District v. StudentKern High School District may conduct a triennial reassessment without parental consent; Mother's residency-based motion to dismiss denied.District prevailed on all issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified did not deny FAPE; parent failed to prove she emailed a request for a follow-up IEP meeting.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund a nonpublic autism school for 2014-2015 after Bridgeport placement stopped meeting a student's behavior needs.Split decision: student prevailed on 1 of 2 issues
- Bonita Unified School District v. StudentBonita Unified may conduct an initial special education assessment of a first grader without his mother's consent.District prevailed on all issues
- Student v. Oakland Unified School DistrictOakland Unified must fund three IEEs and 25 compensatory hours; Student wins three issues plus late-van claim, Oakland the rest.Split decision: student prevailed on 4 of 16 issues
- Student v. Newport-Mesa Unified School District (consolidated)Newport-Mesa Unified's triennial assessment and special day class IEP offer upheld; district may implement IEP without parental consent.District prevailed on all issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified offered FAPE in three high school IEPs; no reimbursement owed for private Westview School placement.District prevailed on all issuesVanaman German LLP represented the student
- Burbank Unified School District v. StudentBurbank Unified may place a 9-year-old with autism at Five Acres therapeutic nonpublic school without parental consent.District prevailed on all issues
- Student v. Paso Robles Joint Unified School DistrictPaso Robles Joint Unified did not have to provide occupational therapy during a first grader's 2014 extended school year.District prevailed on all issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified must reimburse a Utah residential placement after its September 2013 split-therapy IEP denied FAPE.Split decision: student prevailed on 2 of 6 issues (2 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's expulsion of a student whose firearm conduct was a manifestation of disability is vacated; reinstatement ordered.Split decision: student prevailed on 1 of 2 issues
- San Mateo-Foster City School District v. StudentSan Mateo-Foster City School District may not implement its 2013 IEP offer because no teachers attended key IEP meetings.Student prevailed on all issues
- Student v. Riverside Unified School DistrictRiverside Unified correctly found a student's firecracker conduct was not a manifestation of his ADHD; his challenge was denied.District prevailed on all issues
- Student v. Manteca Unified School District et al.Manteca Unified and San Joaquin County Office of Education must provide compensatory speech therapy and IEP-meeting staff training; most claims denied.Split decision: student prevailed on 2 of 17 issues (1 in part)
- Student v. Los Gatos Union School DistrictLos Gatos Union must provide 88 hours of compensatory speech, math, and behavior services; private school reimbursement denied.Split decision: student prevailed on 5 of 17 issues (5 in part)
- Student v. Huntington Beach Union High School District et al. (consolidated)Huntington Beach Union High may place student at a locked Utah treatment center; all claims against both districts denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified wrongly labeled a student with autistic-like behaviors, but its autism class placement offer still provided a FAPE.District prevailed on all issues
- Del Mar Union School District v. StudentDel Mar Union School District may not assess a first grader without parental consent; the ALJ found no suspected disability.Student prevailed on all issues
- Redlands Unified School District v. StudentRedlands Unified proves all seven of its 2013 assessments appropriate and does not have to fund independent evaluations.District prevailed on all issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified must reimburse $23,718.68 and fund residential treatment after three IEPs failed to meet student's mental health needs.Student prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified must fund 36 hours of occupational therapy and $1,400 in preschool tuition after dropping a classroom placement; most claims denied.Split decision: student prevailed on 2 of 17 issues
- Clovis Unified School District v. StudentClovis Unified did not legally exit a student from special education based on her certificate of proficiency, ALJ rules.Student prevailed on all issues
- Student v. Temecula Valley Unified School District (consolidated)Temecula Valley Unified must fund up to 50 counseling hours and an OT assessment; it may assess mental health without consent.Split decision: student prevailed on 3 of 13 issues (1 in part)
- Student v. Panama-Buena Vista Union School DistrictPanama-Buena Vista Union violated child find for a disruptive eighth grader and must assess him and hold an IEP meeting.Split decision: student prevailed on 2 of 4 issues (1 in part)
- Student v. Hermosa Beach City Elementary School DistrictHermosa Beach City Elementary's December 2009 general education offer gave a gifted student with autism a FAPE, ALJ rules on remand.District prevailed on all issues
- Student v. San Marcos Unified School District (consolidated)San Marcos Unified may place student in high school special day classes; ALJ denies all of Student's claims.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified's moderate/severe autism class offers for 2012-2014 upheld; all of Student's least restrictive environment claims denied.District prevailed on all issues
- Student v. Yuba City Unified School District et al. (consolidated)Yuba City Unified and Sutter County schools prevail; parent cannot choose the nurse who provides a student's IEP nursing services.District prevailed on all issues
- Student v. Hemet Unified School District (consolidated)Hemet Unified's May 2013 preschool special day class offer upheld, but it cannot implement its January 2014 offer.Split decision: student prevailed on 1 of 4 issues
- Long Beach Unified School District v. StudentLong Beach Unified's September 2013 IEP offered a FAPE, and the district may implement it without parent consent.District prevailed on all issues
- Student v. Berkeley Unified School DistrictBerkeley Unified violated child find, but second grader did not qualify under specific learning disability, the only category raised; no relief.District prevailed on all issues
- Student v. Redwood City School DistrictRedwood City School District prevails on all claims by a preschooler with autism moving from Early Start services.District prevailed on all issues
- San Leandro Unified School District v. StudentSan Leandro Unified may place a third grader in its counseling enriched class at Roosevelt Elementary without Mother's consent.District prevailed on all issues
- Student v. Val Verde Unified School DistrictVal Verde Unified delayed an assessment waiting for a second divorced parent's consent, but no FAPE denial was found; all claims denied.District prevailed on all issues
- Student v. Rim of the World Unified School DistrictRim of the World Unified must provide 450 minutes of make-up speech therapy; claims for male aide and mountain bike aide denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Las Virgenes Unified School DistrictLas Virgenes Unified prevails on all claims over aide type, aide implementation, homework support, speech services, and LRE.District prevailed on all issues
- Student v. Folsom Cordova Unified School District (consolidated)Folsom Cordova Unified must move student to general education English; ALJ finds student no longer eligible for special education.Split decision: student prevailed on 1 of 17 issues
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified violated Child Find for a senior with a brain injury; must fund $2,600 in tutoring and two assessments.Split decision: student prevailed on 1 of 5 issues
- Student v. Sulfur Springs School DistrictSulfur Springs School District did not have to fund an IEE requested more than two years after its 2011 triennial assessment.District prevailed on all issues
- Student v. Riverside County Office of EducationRiverside County Office of Education must seek locked residential placement and provide 39 hours of speech therapy for juvenile hall student.Split decision: student prevailed on 5 of 10 issues (1 in part)
- Student v. Fresno Unified School District (consolidated)Fresno Unified denied a 22-year-old student a FAPE from October 2010 onward; ALJ orders assessments before deciding compensatory education.Split decision: student prevailed on 12 of 16 issues
- Student v. Marysville Joint Unified School DistrictMarysville Joint Unified withheld required age-of-majority notice, so a former foster youth may pursue claims from her 18th birthday forward.Student prevailed in part
- Student v. Sacramento City Unified School DistrictSacramento City Unified must translate IEP documents into Chinese for parents; June 2013 IEP voided, other claims denied.Split decision: student prevailed on 2 of 7 issues (1 in part)
- Paramount Unified School District v. StudentParamount Unified's triennial psychoeducational, speech-language, and OT assessments held appropriate; no IEEs at public expense.District prevailed on all issues
- Student v. Contra Costa County Probation DepartmentContra Costa County Probation must fund 17 hours of tutoring for blocking Juvenile Hall instruction; most other claims denied.Split decision: student prevailed on 2 of 11 issues (2 in part)
- Salinas Union High School District v. StudentSalinas Union High School District may exit a 14-year-old from special education; he no longer meets eligibility criteria.District prevailed on all issues
- Student v. Moreland School DistrictMoreland School District prevails: special day class and behavior supports for autistic student who bangs her head upheld for both school years.District prevailed on all issues
