California OAH Special Education Decisions from 2017
119 decisions: student prevailed on all issues in 19, split in 47, district prevailed on all issues in 53.
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- Student v. Chula Vista Elementary School DistrictChula Vista Elementary must fund behavior and occupational therapy evaluations and train staff; auditory processing assessment claim denied.Split decision: student prevailed on 5 of 6 issues
- Student v. Colton Joint Unified School DistrictColton Joint Unified must provide a shadow aide, new IEEs, and staff training over bullying and delayed IEE review.Split decision: student prevailed on 2 of 22 issues
- Chaffey Joint Union High School District v. StudentChaffey Joint Union High School District's offer of out-of-state residential treatment placement upheld as a FAPE in the least restrictive environment.District prevailed on all issues
- Student v. Temecula Valley Unified School DistrictTemecula Valley Unified prevails on all claims over a high schooler's behavior plan, IEP implementation, and proposed IEP.District prevailed on all issues
- Student v. Templeton Unified School DistrictTempleton Unified must pay for an independent functional behavior assessment after withdrawing its case; its own assessment was found inappropriate.Student prevailed on all issues
- Student v. Oakland Unified School District (consolidated)Oakland Unified's 2016 psycho-educational evaluation upheld; parent not entitled to a publicly funded IEE despite a late IEP meeting.District prevailed on all issues
- Student v. Ocean View School DistrictOcean View School District prevails on all claims, including time-barred Larry P. IQ-testing claims and parent-participation claims.District prevailed on all issues
- Student v. New Haven Unified School DistrictNew Haven Unified must reimburse two years of private high school tuition for skipping annual IEP meetings; three claims denied.Split decision: student prevailed on 3 of 6 issues
- Garvey School District v. StudentGarvey School District must fund an independent occupational therapy assessment; its psychoeducational and speech assessments were upheld.Split decision: student prevailed on 1 of 3 issues
- Student v. Bellflower Unified School DistrictBellflower Unified must reimburse $9,137 in private school costs and fund four IEEs after refusing IEP meetings for privately placed student.Student prevailed on all issues
- Fairfield-Suisun Unified School District v. StudentFairfield-Suisun Unified may move a hard-of-hearing student with intellectual disability to a functional academics class without parent consent.District prevailed on all issues
- Student v. Burlingame Elementary School DistrictBurlingame Elementary must reimburse $426.96 in preschool transportation costs; speech-services and most procedural claims denied.Split decision: student prevailed on 2 of 8 issues (1 in part)
- Student v. San Dieguito Union High School District (consolidated)San Dieguito Union High School District's May 2016 transition IEP offered FAPE; district may implement it without parents' consent.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must reimburse $42,990 in private school tuition after delaying assessment and wrongly finding a high-achieving student ineligible.Split decision: student prevailed on 5 of 9 issues (5 in part)
- Student v. Lodi Unified School District (consolidated)Lodi Unified prevails on all claims over a student's third- and fourth-grade reading goals, resource services, paraeducators, and parent participation.District prevailed on all issues
- Student v. Roseville Joint Union High School DistrictRoseville Joint Union High must provide 146.25 tutoring hours after ending special education without proper prior written notice.Student prevailed on all issues
- Student v. San Marino Unified School DistrictSan Marino Unified must fund 2017-2018 nonpublic school tuition and private speech therapy after skipping annual IEP; eight claims denied.Split decision: student prevailed on 4 of 13 issues
- Student v. Los Altos School DistrictLos Altos School District wins on all claims; second grader with private autism and ADHD diagnoses found not eligible.District prevailed on all issues
- Student v. Los Alamitos Unified School DistrictLos Alamitos Unified wins dismissal after one divorced parent with joint custody revoked consent to special education.District prevailed on all issues
- Barstow Unified School District v. StudentBarstow Unified may implement IEP placing student at an out-of-state residential treatment center without parental consent.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified proves its psychoeducational, occupational therapy, and behavior assessments appropriate; no publicly funded IEEs ordered.District prevailed on all issues
- Student v. William S. Hart Union High School DistrictWilliam S. Hart Union must reverse its manifestation finding, reinstate a ninth grader, and expunge her expulsion over Snapchat messages.Student prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified's manifestation determination is reversed and the expulsion rescinded; the claim that missed counseling caused the conduct is denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Escondido Union School District (consolidated)Escondido Union prevails on all claims over behavior-emergency IEP meetings and delayed mental health and autism assessments.District prevailed on all issues
- Student v. Lafayette School DistrictLafayette School District was responsible for a student's special education because his mother lived in Lafayette, despite his father's move.Student prevailed on all issues
- Orinda Union School District v. StudentOrinda Union's mental health assessment was appropriate; family is not entitled to an independent assessment at public expense.District prevailed on all issues
- Student v. Soledad Unified School DistrictSoledad Unified denied FAPE by failing to make a clear offer after misleading parents about a Salinas placement; facilitated IEP meeting and training ordered.Split decision: student prevailed on 1 of 2 issues
- Student v. Santa Paula Unified School District et al.Santa Paula Unified and Ventura Unified prevail on all claims; claims against Ventura barred by two-year statute of limitations.District prevailed on all issues
- Student v. East Whittier City School District (consolidated)East Whittier City School District must keep kindergartner in general education with added supports; special day class offer rejected.Student prevailed on all issuesVanaman German LLP represented the student
- Student v. Vista Unified School DistrictVista Unified must fund psychoeducational and speech-language IEEs and train staff after a deficient triennial reevaluation.Student prevailed in part
- Ontario-Montclair School District v. StudentOntario-Montclair School District may implement its October 2016 IEP placing a third grader with autism in a special day class.District prevailed on all issues
- Student v. Oakland Unified School District (consolidated)Oakland Unified may move student to Highland Academy for 45 school days but must provide a one-to-one bus aide.District prevailed on all issues
- San Leandro Unified School District v. StudentSan Leandro Unified's five assessments upheld as appropriate; guardians not entitled to independent evaluations at public expense.District prevailed on all issues
- El Segundo Unified School District v. StudentEl Segundo Unified may place a student at Sunrise nonpublic school for up to 45 school days as an interim setting.District prevailed on all issues
- Student v. Menifee Union School DistrictMenifee Union must provide 45 hours of home instruction, 3 hours of speech therapy, and an adaptive PE assessment; other claims denied.Split decision: student prevailed on 3 of 11 issues (2 in part)
- Student v. Los Angeles Unified School District et al. (consolidated)Los Angeles Unified must amend two 2014 IEPs to add residential placement and fund limited compensatory services; staff training denied.Split decision: student prevailed on 2 of 3 issuesReversed and remanded on appeal
- Student v. Los Altos School DistrictLos Altos must reimburse $33,359.25 for an IEE, private school, tutoring and therapy; a federal court later vacated the decision.Split decision: student prevailed on 6 of 6 issues (1 in part)
- Student v. Los Altos School DistrictLos Altos School District must reimburse about $33,000 for an IEE, private school, counseling and tutoring after overly narrow assessments.Split decision: student prevailed on 6 of 6 issues (1 in part)
- Student v. Placentia-Yorba Linda Unified School DistrictPlacentia-Yorba Linda Unified must reimburse $37,491.41 in educational costs for April-June 2017 after making an illusory nonpublic school offer; residential placement claim denied.Split decision: student prevailed on 2 of 12 issues
- Student v. Southern Kern Unified School DistrictSouthern Kern Unified's manifestation determination reversed; expelled fifth grader with ADHD and emotional disturbance must be reinstated.Student prevailed on all issues
- Student v. Rialto Unified School DistrictRialto Unified offered a FAPE; parent's requests for a one-to-one nonpublic school and a dyslexia program denied.District prevailed on all issues
- Student v. Goleta Unified School DistrictGoleta Unified prevails on all claims over its special day class offer; ALJ finds full parent participation and no predetermination.District prevailed on all issues
- Student v. Oakland Unified School District (consolidated)Oakland Unified shows a second grader's Sequoia placement is dangerous, but the ALJ rejects both proposed interim special day classes.Split decision: student prevailed on 1 of 2 issues
- Student v. San Diego Unified School District et al.San Diego Unified's $900 speech IEE cost cap was too low; district must fund a $1,500 IEE, but County prevails.Split decision: student prevailed on 1 of 2 issues
- Student v. Sequoia Union High School DistrictSequoia Union High School District did not refuse transportation to a Woodside High School placement; student's sole claim denied.District prevailed on all issues
- Carlsbad Unified School District v. StudentCarlsbad Unified may reassess a 14-year-old with autism without parent consent; request for advisory FAPE order denied.District prevailed on all issues
- Student v. Glendale Unified School DistrictGlendale Unified did not deny FAPE by giving a French immersion student English-speaking behavior aides; all relief denied.District prevailed on all issuesVanaman German LLP represented the student
- Student v. Grossmont Union High School DistrictGrossmont Union High prevails: flawed 2015 present levels did not deny FAPE, and support-class pull-outs were not an implementation failure.District prevailed on all issues
- Student v. Tehachapi Unified School District (consolidated)Tehachapi Unified must fund independent psychoeducational and occupational therapy evaluations and train staff; student prevailed on every issue.Student prevailed on all issues
- Student v. Riverside Unified School DistrictRiverside Unified prevails on all six claims, including mental health assessment, auditory processing testing, Spanish notices, and FAPE.District prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified denied FAPE to a learning-disabled English learner; ALJ orders IEEs, 185 compensatory hours, Spanish IEP translations and staff training.Split decision: student prevailed on 9 of 12 issues
- Student v. Alhambra Unified School District (consolidated)Alhambra Unified prevails on all issues; ALJ upholds its non-diploma functional program offer and its speech and OT assessments.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified must reimburse $108,940 for a Texas residential placement over unaddressed behaviors, sleeping, transportation and occupational therapy.Split decision: student prevailed on 10 of 17 issues
- Student v. Bellflower Unified School DistrictBellflower Unified must fund 55 hours of compensatory tutoring for unmeasurable IEP goals; resource, ESY and counseling claims denied.Split decision: student prevailed on 7 of 16 issues
- Student v. Oxnard Union High School DistrictOxnard Union High must fund three IEEs, 15 hours of speech therapy, and a male restroom paraeducator; occupational therapy claim denied.Split decision: student prevailed on 5 of 7 issues (4 in part)
- Upland Unified School District v. StudentUpland Unified may reassess a fourth grader without parental consent; parent cannot limit test choice or timing.District prevailed on all issues
- Student v. Temecula Valley Unified School District (consolidated)Temecula Valley Unified must fund a year of nonpublic school tuition and 36 hours of OT, but its 2016 special day class offer is upheldSplit decision: student prevailed on 10 of 68 issues
- Student v. Capistrano Unified School District et al.Capistrano Unified and Community Roots Academy prevail on all claims over assistive technology, behavior assessment, and IEP participation.District prevailed on all issues
- Student v. Liberty Union High School DistrictLiberty Union High must add daily dyslexia instruction, fund 152 tutoring hours, and train staff; transition-meeting timing claim denied.Split decision: student prevailed on 4 of 5 issues
- Student v. Los Angeles Unified School District (consolidated)Los Angeles Unified's general education STEM magnet offer for an eighth grader with autism upheld; all of the parent's claims denied.District prevailed on all issues
- Student v. Irvine Unified School District (consolidated)Irvine Unified must repay $5,803 in private school costs and fund 120 compensatory hours after cutting a student's full-time aide to one hour a day.Student prevailed on all issues
- Student v. Sylvan Union School DistrictSylvan Union must reimburse $2,925 in preschool costs, fund two IEEs, and make up 42 individual speech sessions.Split decision: student prevailed on 3 of 4 issues
- Student v. San Francisco Unified School DistrictSan Francisco Unified must return student to George Washington High after holding his manifestation review without him; student wins all issues.Student prevailed on all issues
- Fremont Unified School District v. StudentFremont Unified may reassess a 10th grader with anxiety-related attendance problems without parent consent; services may stop if Student is not produced.District prevailed on all issues
- Student v. Capistrano Unified School District et al.Capistrano Unified must reimburse $704.06 and train staff over a delayed assessment and missing prior written notice; other claims denied.Split decision: student prevailed on 3 of 22 issues (2 in part)
- Big Pine Unified School District v. StudentBig Pine Unified may implement IEP placing sixth grader in out-of-state residential treatment program without Mother's consent.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified may conduct a high school student's triennial reassessment without parental consent after the parent refused the assessment plan.District prevailed on all issues
- Tracy Unified School District v. StudentTracy Unified must fund an independent psycho-educational evaluation after its triennial assessment was found legally deficient.Student prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's 2016 psychoeducational assessment was appropriate; District need not fund independent psychoeducational and academic evaluations.District prevailed on all issues
- Riverside Unified School District v. StudentRiverside Unified's psychoeducational assessment upheld, but its late speech-language assessment means it must fund a speech-language IEE.Split decision: student prevailed on 1 of 2 issues
- Whittier City School District v. StudentWhittier City School District may conduct a student's triennial reassessment, including school psychologist testing, without parental consent.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must fund three independent evaluations after failing to do a triennial assessment and an adequate transition plan.Split decision: student prevailed on 3 of 6 issues
- Vista Unified School District v. StudentVista Unified may reassess a 17-year-old student with autism without parental consent under its October 2016 assessment plan.District prevailed on all issues
- Student v. Oxnard School DistrictOxnard School District denied FAPE by relying on student study teams instead of assessing; ordered 192 compensatory hours, IEEs, and staff training.Split decision: student prevailed on 5 of 5 issues (5 in part)
- Student v. Capistrano Unified School DistrictCapistrano Unified must reimburse up to $41,600 in private school tuition for child find failures; June 2016 IEP upheld.Split decision: student prevailed on 2 of 3 issues
- Anaheim Elementary School District v. StudentAnaheim Elementary may assess student without parental consent under its November 2016 comprehensive assessment plan.District prevailed on all issues
- Student v. San Marino Unified School DistrictSan Marino Unified denied FAPE by skipping behavior and post-surgery assessments; must fund six IEEs and reimburse parents.Split decision: student prevailed on 7 of 11 issues (2 in part)
- Student v. Liberty Union High School DistrictLiberty Union High School District's manifestation determination upheld; ALJ finds campus fight not caused by ADHD or unimplemented behavior plan.District prevailed on all issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified prevails; parent did not prove missed assistive technology services or a deficient speech and language assessment.District prevailed on all issues
- Student v. Oxnard School DistrictOxnard School District missed child find duty from fall 2014; ALJ orders 148 compensatory hours, evaluation, and staff training.Split decision: student prevailed on 2 of 4 issues
- Student v. Hayward Unified School DistrictHayward Unified's segregated preschool class denied FAPE; district must reimburse private preschool tuition and fund summer placement.Split decision: student prevailed on 1 of 2 issues
- Student v. Torrance Unified School DistrictTorrance Unified wrongly exited student with autism and materially failed to implement behavior services; nonpublic agency social skills ordered.Split decision: student prevailed on 4 of 12 issues (1 in part)
- Student v. Riverside Unified School DistrictRiverside Unified wrongly found lock throwing unrelated to student's ADHD; student reinstated, but three other expedited claims denied.Split decision: student prevailed on 1 of 4 issues
- Castro Valley Unified School District v. StudentCastro Valley Unified must fund psychoeducational and speech-language IEEs; its academic assessment was upheld.Split decision: student prevailed on 2 of 3 issues
- Student v. Newport-Mesa Unified School District (consolidated)Newport-Mesa Unified must fund a psychoeducational IEE and reimburse Prentice School tuition; April 2015 IEP and bullying claims denied.Split decision: student prevailed on 2 of 4 issues
- Student v. Buena Park School DistrictBuena Park School District must provide 116.6 hours of compensatory services for limiting a student to home/hospital instruction; other claims time-barred.Split decision: student prevailed on 1 of 6 issues
- Student v. Tehachapi Unified School DistrictTehachapi Unified blocked parent participation by predetermining refusal of an insurance-funded ABA aide; new IEP meeting and staff training ordered.Student prevailed on all issues
- Student v. Del Mar Unified School DistrictDel Mar Unified denied FAPE by ignoring a private autism diagnosis; IEE ordered, but $73,000 private school reimbursement denied.Student prevailed on all issues
- Elk Grove Unified School District v. StudentElk Grove Unified may implement its IEP moving a fifth grader with autism to a self-contained class without parental consent.District prevailed on all issues
- Student v. San Mateo-Foster City School DistrictSan Mateo-Foster City School District prevails on all claims over a 2014 IEP offering continued Edgewood day treatment placement.District prevailed on all issues
- Student v. Temecula Valley Unified School DistrictTemecula Valley Unified properly graduated a student with autism and exited her from special education; all claims denied or time-barred.District prevailed on all issues
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified must fund an independent multidisciplinary evaluation after its flawed May 2016 initial assessment.Student prevailed on all issues
- Student v. Bonsall Unified School District (consolidated)Bonsall Unified must reimburse $44,838.69 for Arch Academy tuition and transportation and cannot implement its 2016 IEP without consent.Split decision: student prevailed on 6 of 13 issues (3 in part)
- Lucia Mar Unified School District v. StudentLucia Mar Unified may reassess an autistic second grader's behavior, social-emotional functioning, and health without parental consent.District prevailed on all issues
- Student v. Carlsbad Unified School DistrictCarlsbad Unified did not deny FAPE; the ALJ found parents' non-cooperation, not the District, delayed nonpublic school placement.District prevailed on all issues
- Student v. San Dieguito Union High School District (consolidated)San Dieguito Union High may reassess student without consent; parents' conditions voided consent and all student claims are denied.District prevailed on all issues
- Student v. Sequoia Union High School DistrictSequoia Union High School District's manifestation determination upheld; ALJ finds student's planned assault was not caused by seizure medication.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified must reimburse $91,915 for Utah residential treatment because a great uncle with power of attorney qualified as parent.Student prevailed on all issues
- Student v. Tehachapi Unified School DistrictTehachapi Unified prevails on claims over an ABA-trained aide and BCBA supervision following an earlier OAH decision.District prevailed on all issues
- Student v. Benicia Unified School DistrictBenicia Unified unlawfully graduated a certificate-track student without notice; it must restore Bridge program hours and pay $11,325 for IEEs.Student prevailed on all issues
- Student v. Morgan Hill Unified School DistrictMorgan Hill Unified's manifestation determination upheld; ALJ finds the meeting was proper and the conduct was unrelated to the student's learning disability.District prevailed on all issues
- Garvey School District v. StudentGarvey School District may implement its October 2016 IEP without parent consent after an ALJ found it offered a FAPE.District prevailed on all issues
- Newport-Mesa Unified School District v. StudentNewport-Mesa Unified must fund an independent evaluation because its assessment was flawed and it shut Mother out of the review meeting.Student prevailed on all issues
- Student v. Anaheim City School District (consolidated)Anaheim City School District cannot implement its vague placement offer without consent, but Student's three FAPE claims are denied.Split decision: student prevailed on 1 of 4 issues
- Dublin Unified School District v. StudentDublin Unified may not replace a nonpublic agency aide with a district aide without proving its whole IEP offers a FAPE.Student prevailed on all issues
- Student v. Huntington Beach City School District (consolidated)Huntington Beach City School District must reimburse $32,755 for child find and 2015 IEP failures; its 2016 IEP upheld.Split decision: student prevailed on 5 of 7 issues
- Student v. San Ramon Valley Unified School DistrictSan Ramon Valley Unified's offer of a Spectrum Center placement denied FAPE, but no relief was ordered; three procedural claims denied.Split decision: student prevailed on 1 of 4 issues
- Garvey School District v. StudentGarvey School District may reassess a student with autism without parental consent after parents refused and did not appear.District prevailed on all issues
- Student v. Vacaville Unified School District et al.Vacaville and Sacramento City Unified must fund 188 therapy hours for inadequate mental health support, plus make-up speech services and assessments.Split decision: student prevailed on 16 of 25 issues (6 in part)
- Lodi Unified School District v. StudentLodi Unified may implement its May 2016 IEP, including a plan to fade one-to-one behavior services, without parent consent.District prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified must fund a community adaptive skills IEE and 36 hours of community-based instruction; academic and placement claims denied.Split decision: student prevailed on 2 of 4 issues
- Student v. Pleasant Valley School District (consolidated)Pleasant Valley School District may keep an eight-year-old in a moderate to severe special day class over parents' objection.District prevailed on all issues
- San Mateo-Foster City School District v. StudentSan Mateo-Foster City School District proves its psycho-educational and speech-language assessments were appropriate; no publicly funded IEEs owed.District prevailed on all issues
- Student v. Travis Unified School District (consolidated)Travis Unified must reimburse private reading tutoring and fund a new IEE after offering an unknown reading program; four claims denied.Split decision: student prevailed on 1 of 6 issues
- Student v. Conejo Valley Unified School DistrictConejo Valley Unified delayed assessing a kindergartner after a parent's IEP request; it must provide compensatory services, reimburse $3,800, and train staff.Split decision: student prevailed on 12 of 14 issues (11 in part)
- Student v. Capistrano Unified School District (consolidated)Capistrano Unified violated child find for a student who stutters and must fund an IEE and 176 therapy hours.Split decision: student prevailed on 4 of 5 issues
- Los Angeles Unified School District v. StudentLos Angeles Unified may exit a fourth grader from special education without parental consent after valid triennial assessments.District prevailed on all issues
- Student v. Dehesa School District et al. (consolidated)Dehesa School District and Community Montessori Charter must reimburse $20,709 in private school tuition and fund 68 hours of services.Split decision: student prevailed on 10 of 14 issues (1 in part)
- Student v. Soledad Unified School District (consolidated)Soledad Unified may not implement its September 2016 IEP without consent and must fund 25 hours of math tutoring.Student prevailed on all issues