California OAH Special Education Decisions from 2016
95 decisions: student prevailed on all issues in 12, split in 41, district prevailed on all issues in 42.
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- Student v. Elk Grove Unified School DistrictElk Grove Unified owed no special education services for 2016-2017 because Parent did not comply with an assessment order.District prevailed on all issues
- Student v. San Mateo-Foster City School DistrictSan Mateo-Foster City School District did not deny a kindergartner with autism a FAPE through bullying; all relief denied.District prevailed on all issues
- Student v. East Side Union High School District et al.East Side Union High must fund two years at Provo Canyon School as compensatory education; County Office prevails on all claims.Split decision: student prevailed on 21 of 51 issues (3 in part)
- Student v. Bassett Unified School District (consolidated)Bassett Unified defeats Student's predetermination and placement claims, but its April 2016 IEP offer is found to deny FAPE on procedural grounds and cannot be implemented without parental consent.Split decision: student prevailed on 1 of 3 issues
- Student v. Parlier Unified School DistrictParlier Unified must train staff on writing measurable behavior and social skills goals; behavior plan and report claims denied.Split decision: student prevailed on 1 of 3 issues
- Student v. Lake Elsinore Unified School DistrictLake Elsinore Unified prevails on all claims; it did not have to write behavior or transition plans for a privately placed student.District prevailed on all issues
- Student v. Los Angeles Unified School District (consolidated)Los Angeles Unified owes 69 compensatory hours for skipping a behavior assessment and ending speech services; graduation upheld.Split decision: student prevailed on 3 of 31 issues (1 in part)
- Student v. Sweetwater Union High School District (consolidated)Sweetwater Union High must fund three IEEs after a review-only triennial; assistive technology and transition IEEs denied.Split decision: student prevailed on 5 of 7 issues
- Student v. Dehesa Elementary School District et al.Dehesa Elementary and Community Montessori Charter changed a kindergartner's placement without consent or notice; $500, 42 compensatory hours, training ordered.Student prevailed on all issues
- Student v. Downey Unified School District (consolidated)Downey Unified must reimburse Pliha Center costs because its March 2016 IEP reused outdated goals; 2015 claims denied.Split decision: student prevailed on 4 of 12 issues
- Student v. Garden Grove Unified School DistrictGarden Grove Unified need not fund a second, visual processing IEE after already funding a psychoeducational IEE.District prevailed on all issues
- Student v. Mountain View-Los Altos Union High School DistrictMountain View-Los Altos Union High School District prevails on all claims; parents denied reimbursement for Utah residential placement.District prevailed on all issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified wrongly found a homebound Lowell student ineligible under OHI and must fund 35 college units, assessments, and staff training.Split decision: student prevailed on 3 of 4 issues (2 in part)
- Baldwin Park Unified School District v. StudentBaldwin Park Unified may move a student with an intellectual disability to a moderate/severe class without parental consent.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified wrongly denied eligibility to a tenth grader with ADHD and predetermined the outcome; compensatory instruction, IEE, and training ordered.Student prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified may reassess a 17-year-old autistic student without parental consent; its occupational therapy assessment was upheld.District prevailed on all issues
- Student v. Chino Valley Unified School DistrictChino Valley Unified must fund Lindamood-Bell, an independent FBA, and a full-day ABA-trained aide; two 2014 IEP claims denied.Split decision: student prevailed on 5 of 7 issues
- El Rancho Unified School District v. StudentEl Rancho Unified may not assess a student without parent consent because it did not prove the parent received the plan.Student prevailed on all issues
- Student v. Santa Barbara Unified School DistrictSanta Barbara Unified prevails on all implementation and procedural claims by an 11th grader with multiple disabilities.District prevailed on all issues
- Student v. William S. Hart Union High School DistrictWilliam S. Hart Union High School District must fund a $5,500 IEE and train staff after inadequate 2015 assessments; other claims denied.Split decision: student prevailed on 2 of 17 issues
- Student v. Saugus Union School DistrictSaugus Union School District prevails on all four claims about restraint, academic goals, report card grades, and IEP team membership.District prevailed on all issues
- Student v. Long Beach Unified School DistrictLong Beach Unified prevails: student's goals were adequate, and a settlement agreement waived his FAPE claims through June 2016.District prevailed on all issues
- Vista Unified School District v. StudentVista Unified may reassess a 10th grader with autism, including a medical assessment, without his mother's consent.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's psychoeducational assessment upheld and district may exit a kindergartner from special education; IEE denied.District prevailed on all issues
- Murrieta Valley Unified School District v. StudentMurrieta Valley Unified may place third grader in Monte Vista behavioral class without parent consent, ALJ rules.District prevailed on all issues
- Norwalk-La Mirada Unified School District v. StudentNorwalk-La Mirada Unified may conduct a student's overdue triennial reassessment without the father's consent, ALJ rules.District prevailed on all issues
- Student v. Parlier Unified School DistrictParlier Unified wrongly found an 11-year-old's misconduct unrelated to his ADHD and held one manifestation review late; ALJ reverses May 2016 manifestation determinations and denies the remaining claims.Split decision: student prevailed on 2 of 6 issues (1 in part)
- Clovis Unified School District v. StudentClovis Unified may place an eighth grader with an intellectual disability in a special day class for academics without parental consent.District prevailed on all issues
- Student v. Laguna Beach Unified School DistrictLaguna Beach Unified must reimburse $5,491 for private school and speech costs after delaying an IEP meeting; interim placement upheld.Split decision: student prevailed on 1 of 3 issues
- Oakland Unified School District v. StudentOakland Unified's assistive technology assessment fell short, so it must fund an independent assistive technology evaluation for an eighth grader.Student prevailed on all issues
- Pasadena Unified School District v. StudentPasadena Unified may not conduct an intensive counseling services assessment without parents' consent; the district's request is denied.Student prevailed on all issues
- Student v. Capistrano Unified School District et al. (consolidated)Capistrano Unified and Community Roots Academy should have found student eligible as other health impaired; $4,500 and 30 hours ordered.Split decision: student prevailed on 5 of 13 issues (5 in part)
- Healdsburg Unified School District v. StudentHealdsburg Unified may exit a 10-year-old from special education after he no longer met speech or language impairment criteria.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's 2015 psychoeducational assessment was appropriate; parent's request for a publicly funded IEE denied.District prevailed on all issues
- Student v. Kern County Superintendent of SchoolsKern County Superintendent of Schools must fund at least six months of residential treatment after its home schooling placement denied FAPE.Student prevailed on all issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified must fund 12 months at a Utah residential treatment center after child find and IEP failures.Split decision: student prevailed on 6 of 41 issues (3 in part)
- Student v. Tehachapi Unified School DistrictTehachapi Unified denied FAPE by cancelling the June 2015 IEP meeting and leaving no IEP in place; staff training ordered.Split decision: student prevailed on 4 of 18 issues
- Student v. Fremont Union High School DistrictFremont Union High School District's offer of a county special day class at Westmont, instead of the neighborhood school, upheld as a FAPE.District prevailed on all issues
- Student v. River Springs Charter School (consolidated)River Springs Charter School must fund The Prentice School tuition, a fall 2016 semester there, and a $5,250 IEE.Split decision: student prevailed on 10 of 11 issues (3 in part)
- Student v. Irvine Unified School DistrictIrvine Unified wins every claim over home instruction, alternative school placement, and return-to-campus plan for student with chronic fatigue.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's psychoeducational, academic, and physical therapy assessments held appropriate; parents' request for publicly funded IEEs denied.District prevailed on all issues
- Student v. Capistrano Unified School District (consolidated)Capistrano Unified denied FAPE by holding an annual IEP meeting without the parent on one day's notice; transportation claims denied.Split decision: student prevailed on 2 of 5 issues
- Student v. Downey Unified School District (consolidated)Downey Unified denied FAPE by omitting motor goals, physical therapy and sensory supports; behavior aide change upheld.Student prevailed on all issues
- Student v. Compton Unified School DistrictCompton Unified must partly reimburse preschool and behavior costs and train staff after delayed assessments and an improperly altered eligibility finding.Split decision: student prevailed on 8 of 14 issues
- Student v. Tehachapi Unified School DistrictTehachapi Unified's deficient behavior plan denied FAPE for four weeks; ALJ orders 12 hours of BCBA services, rejects two other claims.Split decision: student prevailed on 1 of 3 issues
- Student v. San Diego Unified School District (consolidated)San Diego Unified may place an eight-year-old with autism in a moderate/severe special day class over parental objection.District prevailed on all issues
- Student v. Tamalpais Union High School DistrictTamalpais Union must fund a mental health IEE and reimburse 2015-2016 private school tuition over an unclear speech-language offer.Split decision: student prevailed on 2 of 8 issues (1 in part)
- Student v. Newport-Mesa Unified School District (consolidated)Newport-Mesa Unified wrongly denied a student with ADHD eligibility and must reimburse $5,196.07 and provide therapy; its assessments were upheld.Split decision: student prevailed on 1 of 3 issues (1 in part)
- Elk Grove Unified School District v. StudentElk Grove Unified may reassess a six-year-old private school student without parent consent under its January 2016 assessment plan.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified must find a three-year-old eligible for special education under autism after a flawed initial assessment.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified provided safe, suitable bus transportation; ALJ denies parent's request for door-to-door minivan service.District prevailed on all issues
- Student v. William S. Hart Union High School DistrictWilliam S. Hart Union High must reimburse $58,010 for residential treatment after refusing to consider placements beyond its own classes.Split decision: student prevailed on 1 of 3 issuesVanaman German LLP represented the student
- Carlsbad Unified School District v. StudentCarlsbad Unified may conduct a 13-year-old's first triennial reassessment without Parents' consent, the ALJ rules.District prevailed on all issues
- Student v. Lowell Joint School District (consolidated)Lowell Joint School District must fund an independent auditory processing evaluation; three 2015 IEPs denied the student a FAPE.Student prevailed on all issues
- Student v. Manteca Unified School District (consolidated)Manteca Unified must provide 448 hours of tutoring and counseling over defective IEP goals; general education placement claim denied.Split decision: student prevailed on 4 of 26 issues
- Garden Grove Unified School District v. StudentGarden Grove Unified's adult transition program offer and certificate of completion track upheld for 17-year-old with autism.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified denied FAPE by delaying an eye-tracking communication device; must fund 21 hours of training and an assessment.Split decision: student prevailed on 4 of 28 issues
- Student v. Westminster School District (consolidated)Westminster School District's May 2015 IEP offered a FAPE, but its October 2015 amendment, made without an IEP meeting, denied FAPE.Split decision: student prevailed on 2 of 9 issues
- Student v. San Gabriel/Pomona Regional CenterSan Gabriel/Pomona Regional Center must find 13-year-old eligible for Lanterman Act services based on autism spectrum disorder.Student prevailed on all issues
- Student v. William S. Hart Union High School DistrictHart Union High must hold a manifestation determination meeting and train staff, but its 45-day removal for serious bodily injury stands.Split decision: student prevailed on 3 of 4 issues
- Student v. West Contra Costa Unified School DistrictWest Contra Costa Unified must reimburse $4,972.76 for a second daily school trip; independent evaluation claim denied.Split decision: student prevailed on 2 of 4 issues
- Student v. Mount Diablo Unified School DistrictMount Diablo Unified must provide 20 group speech-language sessions and a new IEP meeting; Orion Academy reimbursement denied.Split decision: student prevailed on 2 of 5 issues (1 in part)
- Student v. Vacaville Unified School DistrictVacaville Unified must provide communication devices, 79.5 hours of AAC services, and $1,597.13; the speech-provider claim is denied.Split decision: student prevailed on 4 of 5 issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified prevails on all claims over SLD eligibility, reading methodology, assistive technology, and a one-to-one aide.District prevailed on all issues
- Garvey School District v. StudentGarvey School District's psychoeducational and speech assessments upheld; eight-year-old exited from special education with no publicly funded IEEs.District prevailed on all issues
- Student v. Parlier Unified School DistrictParlier Unified must train Benavidez staff after a PE teacher never saw a student's IEP; all other claims denied.Split decision: student prevailed on 1 of 8 issues (1 in part)
- Walnut Valley Unified School District v. StudentWalnut Valley Unified's 2015 psychoeducational reassessment was appropriate; parents' request for a publicly funded IEE denied.District prevailed on all issues
- Student v. Torrance Unified School DistrictTorrance Unified must fund 23 hours of compensatory education and train staff; Student loses placement, transportation and IEE claims.Split decision: student prevailed on 2 of 5 issues
- Student v. William S. Hart Union High School DistrictWilliam S. Hart Union High must hold a missed manifestation review before reinstating an expulsion; four other discipline claims denied or dismissed.Split decision: student prevailed on 1 of 6 issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified denied FAPE by lacking a behavior plan and missing IEP instruction; behavior assessment ordered, other claims denied.Split decision: student prevailed on 2 of 9 issues (2 in part)
- San Dieguito Union High School District v. StudentSan Dieguito Union High School District may complete triennial assessments; Student must make herself available within 45 days.District prevailed on all issues
- Student v. San Bernardino City Unified School DistrictSan Bernardino City Unified must make up missed speech therapy for a kindergartner with autism; aide and behavior plan claims denied.Split decision: student prevailed on 2 of 4 issues
- Student v. Tustin Unified School DistrictTustin Unified properly exited a gifted third grader with autism from special education; all of Student's claims denied.District prevailed on all issues
- San Bruno Park Unified School District v. StudentSan Bruno Park Unified's July 2015 kindergarten IEP, with full inclusion and a full-time aide, offered FAPE in the LRE.District prevailed on all issues
- Student v. Huntington Beach City School District (consolidated)Huntington Beach City School District's IEP offer and psychoeducational assessment upheld; no IEE at public expense for student.District prevailed on all issues
- Student v. Hemet Unified School DistrictHemet Unified denied FAPE to a student with a learning disability and must fund 300 compensatory hours and staff training.Split decision: student prevailed on 4 of 4 issues (4 in part)
- Student v. Oakland Unified School DistrictOakland Unified must fix speech therapy delivery and train providers; all other claims, including first-grade placement, denied.Split decision: student prevailed on 1 of 26 issues
- Student v. Glendale Unified School DistrictGlendale Unified prevails on all claims; parents denied reimbursement for unilateral Utah residential treatment center placement.District prevailed on all issues
- William S. Hart Union High School District v. StudentWilliam S. Hart Union High School District may conduct an initial special education assessment of a ninth grader without parental consent.District prevailed on all issues
- Student v. Whittier City School District et al.Whittier City School District and WACSEP prevail on all claims over special day class placement, behavior services, and private school services.District prevailed on all issues
- Student v. Compton Unified School DistrictCompton Unified must reimburse two IEEs and Prentice School tuition and provide 31 hours of compensatory language therapy; many claims denied.Split decision: student prevailed on 18 of 43 issues (2 in part)
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund 590 hours of compensatory behavior services and train staff; comparable-services claims denied.Split decision: student prevailed on 3 of 10 issues (1 in part)
- Student v. San Dieguito Union High School District (consolidated)San Dieguito Union must reassess a student with autism after unsafe incidents at Oak Crest; placement claims denied.Split decision: student prevailed on 1 of 3 issues
- Vista Unified School District v. StudentVista Unified may proceed with triennial reassessment under its December 2015 plan as modified and signed by the mother at hearing.District prevailed on all issues
- Student v. Torrance Unified School DistrictTorrance Unified prevails: Parent's signed acceptance of a one-page settlement offer letter did not create an enforceable settlement agreement.District prevailed on all issues
- Tustin Unified School District v. StudentTustin Unified may not implement kindergarten IEP over parents' objection; its partial special day class placement was not the least restrictive environment.Student prevailed on all issues
- Student v. Lake Elsinore Unified School DistrictLake Elsinore Unified did not deny FAPE by failing to assess, because parents refused consent to its assessment plans.District prevailed on all issues
- Castro Valley Unified School District v. StudentCastro Valley Unified may reassess a 17-year-old student without parent consent; the parent's conditions on assessment counted as a refusal.District prevailed on all issues
- Student v. San Bernardino County Superintendent of Schools et al.San Bernardino County Superintendent and Colton Joint Unified must fund four IEEs and add safety measures to student's IEP.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on all claims over assessments, aides, behavior services, and assistive technology for student with intellectual disability.District prevailed on all issues
- Student v. San Lorenzo Unified School DistrictSan Lorenzo Unified prevails on all claims; first grader found not eligible for special education despite delayed IEE funding.District prevailed on all issues
- Capistrano Unified School District v. StudentCapistrano Unified may place a kindergartner at Rossier Park School as a 45-school-day interim alternative educational setting.District prevailed on all issuesVanaman German LLP represented the student
- Student v. Tehachapi Unified School DistrictTehachapi Unified must provide 105 hours of tutoring for failing to offer home instruction after two surgeries; mobility claims denied.Split decision: student prevailed on 2 of 7 issues
- Student v. Rosedale Union Elementary School DistrictRosedale Union Elementary predetermined its denial of vision therapy and must fund an independent assessment and interim therapy.Split decision: student prevailed on 1 of 2 issues
- Student v. Lemon Grove School District (consolidated)Lemon Grove School District must pay $28,634.67 in Banyan Tree costs after leaving a student with no placement for four months.Split decision: student prevailed on 4 of 12 issues (2 in part)
