California OAH Special Education Decisions from 2015
87 decisions: student prevailed on all issues in 9, split in 35, district prevailed on all issues in 43.
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- Student v. Glendale Unified School District (consolidated)Glendale Unified offered a FAPE in both years; parents' claims denied, and district may implement its 2015 IEP without consent.District prevailed on all issuesVanaman German LLP represented the student
- Student v. San Mateo-Foster City School DistrictSan Mateo-Foster City School District prevails; child find and safeguards violations were harmless because the student was not eligible.District prevailed on all issues
- Student v. Pasadena Unified School DistrictPasadena Unified must fund Frostig School placement, private services, and 90 hours of educational therapy after wrongly finding student ineligible.Split decision: student prevailed on 7 of 18 issues (1 in part)Vanaman German LLP represented the student
- Student v. Tehachapi Unified School DistrictTehachapi Unified denied FAPE by not addressing escalating behaviors at a November 2014 IEP; 34 compensatory hours ordered.Split decision: student prevailed on 2 of 4 issues (2 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not deny FAPE by delaying auditory verbal therapy or by refusing to fund the family's private therapist.District prevailed on all issues
- Student v. Winters Joint Unified School District et al.Winters and Davis Joint Unified prevail on all claims; missing 2014 IEP goals were harmless procedural error.District prevailed on all issues
- Student v. Aveson Charter Schools et al.Aveson charter schools must give staff 40 hours of training after a flawed 2012 assessment and IEP meeting; other claims denied.Split decision: student prevailed on 2 of 6 issues (1 in part)
- Palos Verdes Peninsula Unified School District v. StudentPalos Verdes Peninsula Unified's offer of residential treatment for an adult student was a FAPE in the least restrictive environment.District prevailed on all issues
- Student v. Manhattan Beach Unified School DistrictFederal court vacated ALJ decision ordering Manhattan Beach Unified to make autism primary eligibility, fund a 1:1 ABA aide, and reimburse $4,190.Student prevailed on all issues
- Student v. Fresno Unified School DistrictFresno Unified prevails on all claims by a high schooler with a learning disability; one procedural violation found harmless.District prevailed on all issues
- Student v. San Diego Unified School District (consolidated)San Diego Unified is the responsible district for a student with autism who moved into its boundaries in June 2015.Student prevailed on all issues
- Student v. Panama-Buena Vista Union School DistrictPanama-Buena Vista Union wins: student's challenge to his January 2015 expulsion is barred by collateral estoppel.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails: a classmate's sporadic hitting of a kindergartner with autism was not bullying that denied FAPE.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not unnecessarily delay its response to a parent's speech-language IEE request; all relief denied.District prevailed on all issues
- Student v. Brentwood Union School DistrictBrentwood Union must fund two IEEs and 20 compensatory hours for missed behavior assessment and plan; residential reimbursement denied.Split decision: student prevailed on 4 of 6 issues (3 in part)
- Student v. San Mateo Union High School DistrictSan Mateo Union High must reimburse $150,908.70 and fund a residential placement at Monarch through March 2016.Split decision: student prevailed on 4 of 10 issues
- Student v. San Mateo-Foster City School District (consolidated)San Mateo-Foster City must release behavior assessor's notes and teacher forms; no IEE owed, and all other claims denied.Split decision: student prevailed on 1 of 12 issues
- Student v. Val Verde Unified School DistrictVal Verde Unified wrongly refused a reassessment, but no FAPE denial because student graduated before testing would finish.District prevailed on all issues
- Student v. East Whittier City School District (consolidated)East Whittier City School District's preschool assessment upheld; no IEE, and IEP properly addressed hearing-loss needs.District prevailed on all issues
- Student v. Antioch Unified School DistrictAntioch Unified must assess student's health after failing to answer a January 2015 assessment request; home/hospital claim denied.Split decision: student prevailed on 1 of 2 issues (1 in part)
- Student v. Sacramento City Unified School District (consolidated)Sacramento City Unified fails to show dangerousness; ALJ denies request to move student to a nonpublic school for 45 days.Student prevailed on all issues
- California Virtual Academies et al. v. StudentCalifornia Virtual Academies and Spencer Valley must fund an assistive technology IEE; their other three triennial assessments were upheld.Split decision: student prevailed on 1 of 4 issues
- Student v. Tehachapi Unified School District (consolidated)Tehachapi Unified must provide behavior aides and a transition plan for a missed 2014 behavior assessment; other claims and IEE requests denied.Split decision: student prevailed on 1 of 11 issues (1 in part)
- Student v. Sequoia Union High School DistrictSequoia Union High School District must reimburse $76,438.62, two-thirds of Alpine Academy costs; its 2014-2015 offer was upheld.Split decision: student prevailed on 5 of 13 issues
- Student v. Cabrillo Unified School DistrictCabrillo Unified must reimburse about $75,393 for private school, mileage, and assessments after delaying assessment of a privately placed student.Split decision: student prevailed on 15 of 27 issues
- Oakland Unified School District v. StudentOakland Unified may not implement its March 2015 residential placement IEP because the offer was unclear and unsupported by evidence.Student prevailed on all issues
- Student v. Pasadena Unified School DistrictPasadena Unified met its child find duty to a private school student, and the ALJ denied all relief.District prevailed on all issues
- Student v. Fresno Unified School DistrictFresno Unified must train case managers after holding an IEP meeting without a speech therapist; other claims denied.Split decision: student prevailed on 2 of 13 issues (1 in part)
- Student v. Brentwood Union School DistrictBrentwood Union must fund a behavior assessment and 45 BCBA hours after failing to assess behavior and adopt a behavior plan.Split decision: student prevailed on 5 of 12 issues (4 in part)
- Student v. Garvey School DistrictGarvey School District prevails on all claims over a one-to-one aide, speech services, and a kindergarten special day class.District prevailed on all issues
- Student v. Castro Valley Unified School District (consolidated)Castro Valley Unified must reimburse $23,841.96 of private boarding school costs; ALJ finds residential placement was not needed.Split decision: student prevailed on 4 of 4 issues (2 in part)
- Student v. Santa Clara Unified School District (consolidated)Santa Clara Unified's hybrid academic and vocational IEPs for an adult student with autism offered FAPE; all student claims denied.District prevailed on all issues
- Student v. Tehachapi Unified School District (consolidated)Tehachapi Unified must fund a speech-language IEE; Student's claims over behavior assessments, aide support and autism therapies denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Morgan Hill Unified School DistrictMorgan Hill Unified must provide 166 compensatory hours and an OT evaluation after child find and service failures.Split decision: student prevailed on 5 of 7 issues (1 in part)
- Student v. East Whittier City School District (consolidated)East Whittier City School District's 2014 assessment upheld; no IEE, and Student's claims about assessment, participation, and timelines denied.District prevailed on all issues
- Student v. Los Alamitos Unified School DistrictLos Alamitos Unified must fund an independent functional behavior assessment and behavior plan; Student's other claims were denied.Split decision: student prevailed on 3 of 21 issues (1 in part)
- San Diego Unified School District v. StudentSan Diego Unified's two assessments upheld, so no IEEs owed, but its finding that the student is ineligible is not upheld.Split decision: student prevailed on 1 of 3 issues
- Student v. Garvey School DistrictGarvey School District prevails; it had no duty to place or provide home instruction before learning the student left Alhambra.District prevailed on all issues
- Student v. Huntington Beach Union High School District (consolidated)Huntington Beach Union High must reimburse up to $30,690 for private school and therapy after child find and counseling failures.Split decision: student prevailed on 4 of 5 issues (3 in part)
- Student v. Manhattan Beach Unified School DistrictManhattan Beach Unified not responsible for student's education after county Adoption Assistance funded his residential placement; all relief denied.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all claims by 21-year-old student with autism over IEP goals, services, and parent participation.District prevailed on all issues
- Student v. Tamalpais Union High School DistrictTamalpais Union High must train staff on transition plans after an IEP meeting lacked anyone with authority to decide services.Split decision: student prevailed on 1 of 18 issues (1 in part)
- Buena Park School District v. StudentBuena Park School District loses bid to defend assessments and reassess without consent after failing to provide Romanian-language plans.Student prevailed on all issues
- Student v. Rincon Valley Union School District et al.Rincon Valley Union and Redwood Consortium must reimburse up to $8,000 for preschool after failing to consider general education placement.Student prevailed on all issues
- Student v. Folsom Cordova Unified School District (consolidated)Folsom Cordova Unified must provide 54 tutoring hours for a missing attention goal and English instruction gaps; may assess without consent.Split decision: student prevailed on 3 of 23 issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified must train Flynn staff on child find after serving a student under a 504 plan instead of an IEP.Split decision: student prevailed on 3 of 4 issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified had to respond to an unenrolled adult student's IEP requests; claims about implementing his old IEP were dismissed.Student prevailed in part
- Stanislaus Union School District v. StudentStanislaus Union may exit kindergartner from special education; IEP meeting held without the parents, who refused to attend, was proper.District prevailed on all issues
- Capistrano Unified School District v. StudentCapistrano Unified's case defending its assessments dismissed as moot after Parents withdrew their IEE requests on the hearing day.District prevailed on all issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified must fund a mental health IEE, repay Springstone tuition and some housing and mileage costs; fifth-grade claims denied.Split decision: student prevailed on 4 of 18 issues
- Student v. Hacienda La Puente Unified School DistrictHacienda La Puente Unified prevails: no child find violation, and high-achieving third grader not eligible under autism.District prevailed on all issues
- Student v. California Children's Services (Orange County)California Children's Services must join a first grader's IEP as physical therapy provider because his therapy was both medically and educationally necessary.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified properly offered placement at the student's school of residence, Barton Hill Elementary; parent's placement claim denied.District prevailed on all issues
- Student v. Antioch Unified School District (consolidated)Antioch Unified must provide eight hours of compensatory counseling; bullying, aide, tutoring, and placement claims denied.Split decision: student prevailed on 1 of 13 issues (1 in part)
- Student v. Downey Unified School District (consolidated)On remand, Downey Unified must fund independent assessments in four areas it never assessed; implementation and delay claims denied.Split decision: student prevailed on 1 of 4 issues
- Student v. Bellflower Unified School DistrictBellflower Unified must fund the parent's chosen independent psychoeducational evaluator, who met all district criteria, at up to $7,000.Student prevailed on all issues
- Del Mar Union School District v. StudentDel Mar Union's interim class nurse and 1:1 aide were comparable to a transfer student's prior one-to-one nurse, ALJ rules.District prevailed on all issues
- Vista Unified School District v. StudentVista Unified may not implement its January 2015 IEP without parent consent; the IEP met procedural rules but did not offer FAPE.Split decision: student prevailed on 1 of 2 issues
- Los Angeles Unified School District v. StudentLos Angeles Unified may reassess a fifth grader with autism over his parent's objection.District prevailed on all issues
- Student v. Whittier City School DistrictWhittier City School District prevails on all claims; statute of limitations bars earlier child find claims for fourth grader.District prevailed on all issues
- Rim of the World Unified School District v. StudentRim of the World Unified may implement its January 2015 IEP without parent consent; a male aide and mountain biking were not required.District prevailed on all issues
- Student v. Riverside Unified School District (consolidated)Riverside Unified prevails: speech services for a student with autism were appropriate despite the parents' apraxia claim.District prevailed on all issues
- Poway Unified School District v. StudentPoway Unified's psychoeducational and academic assessments upheld; District need not fund independent evaluations for 10-year-old with autism.District prevailed on all issues
- Student v. Panama-Buena Vista Union School DistrictPanama-Buena Vista Union must fund 35 hours of counseling and tutoring for a seven-week child find failure; other claims denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Oakland Unified School DistrictOakland Unified must fund independent psychoeducational and mental health evaluations after skipping assessments; academic, bullying, and transfer claims denied.Split decision: student prevailed on 3 of 13 issues
- Student v. Oakland Unified School DistrictOakland Unified must fund three independent assessments and translate IEPs into Spanish after procedural violations denied FAPE.Split decision: student prevailed on 7 of 11 issues (1 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not have to offer a one-to-one aide to a third grader with a learning disability.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified must reimburse $31,627.58, half of residential placement costs, after a flawed mental health assessment.Split decision: student prevailed on 2 of 7 issues
- Student v. Goleta Union School District (consolidated)Goleta Union need not fund a $6,000 neuropsychological IEE above its SELPA cost criteria; parent's delay claim denied.District prevailed on all issues
- Student v. Victor Valley Union High School District et al.Victor Valley Union High, Victor Elementary and San Bernardino County schools prevail on all assessment, procedure, and FAPE claims for a nonverbal student with autism.District prevailed on all issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified's autism special day class offer upheld; parents' request for home-based ABA program denied on all five issues.District prevailed on all issues
- Student v. Los Angeles Unified School District et al. (consolidated)Los Angeles Unified must reimburse $4,415 for an independent assessment it failed to consider; federal court later reversed on residential placement.Split decision: student prevailed on 1 of 16 issuesReversed and remanded on appeal
- Student v. Temecula Valley Unified School DistrictTemecula Valley Unified must reimburse $22,693.25 for ignoring an assessment request and not implementing a reading programSplit decision: student prevailed on 2 of 11 issues (1 in part)
- Student v. Westminster School District (consolidated)Westminster School District wins all issues; its psychoeducational assessment is upheld and no IEE, extra instruction, or books on tape ordered.District prevailed on all issues
- Torrance Unified School District v. StudentTorrance Unified's middle school IEP denied a FAPE because it offered no after-school transportation to a student with autism.Student prevailed on all issues
- Student v. Compton Unified School DistrictCompton Unified must fund an independent psycho-educational assessment, assess behavior and mental health, and provide 72 tutoring hours; Kayne placement denied.Split decision: student prevailed on 5 of 17 issues (5 in part)
- Grossmont Union High School District v. StudentGrossmont Union High School District may reassess a ninth grader without parental consent after the mother repeatedly withheld consent.District prevailed on all issues
- Student v. Spencer Valley Elementary School DistrictSpencer Valley Elementary must reimburse $13,974.82 and fund a year of RDI aide support; participation and summer school claims denied.Split decision: student prevailed on 2 of 4 issues
- Palo Alto Unified School District v. StudentPalo Alto Unified may exit a four-year-old from special education because she no longer has a speech or language impairment.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified correctly found a third grader with ADHD ineligible for special education; all three claims denied.District prevailed on all issues
- South Whittier School District v. StudentSouth Whittier School District's occupational therapy assessment upheld; it need not fund an independent OT evaluation for a preschooler.District prevailed on all issues
- Student v. Dixie Elementary School DistrictDixie Elementary need not provide partial home instruction, shortened days, or requested accommodations; all three of Student's claims denied.District prevailed on all issues
- Student v. Panama-Buena Vista Union School DistrictPanama-Buena Vista Union had no deemed knowledge of disability because Parent withheld assessment consent; all expedited discipline claims denied.District prevailed on all issues
- Student v. Snowline Joint Unified School District (consolidated)Snowline Joint Unified's offer of an out-of-state residential placement was the least restrictive environment; all of Student's claims were denied.District prevailed on all issues
- Student v. Twin Rivers Unified School DistrictTwin Rivers Unified's special day class reading program provided FAPE; father's request for Lindamood-Bell reading instruction denied.District prevailed on all issues
- Student v. California School for the Deaf, Riverside et al.Moreno Valley Unified and California School for the Deaf, Riverside, win deaf student's triennial speech and language assessment claim.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all claims by a graduate with autism; assessment challenge time-barred and IEPs upheld.District prevailed on all issues