California OAH Special Education Decisions from 2018
94 decisions: student prevailed on all issues in 12, split in 35, district prevailed on all issues in 47.
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- Student v. Antioch Unified School DistrictAntioch Unified wrongly found first grader ineligible; must fund 250 compensatory hours and a $450 speech assessment.Split decision: student prevailed on 3 of 9 issues (1 in part)
- Student v. Bellflower Unified School DistrictBellflower Unified need not fund independent evaluations after the student moved away one week after requesting them; all claims denied.District prevailed on all issues
- Student v. Oxnard School DistrictOxnard School District violated child find and denied FAPE; ALJ orders independent assessments, full-day ABA interim program, and 110 compensatory hours.Split decision: student prevailed on 6 of 8 issues (3 in part)
- Student v. Temecula Valley Unified School District (consolidated)Temecula Valley Unified improperly exited a student from special education and must reimburse $13,350 for an IEE and private school.Split decision: student prevailed on 3 of 7 issues (1 in part)
- Student v. Pleasanton Unified School DistrictPleasanton Unified prevails on all claims challenging its 2018-2019 offer for a student attending Fusion Academy.District prevailed on all issues
- Student v. Tehachapi Unified School DistrictTehachapi Unified must provide 44 hours of speech therapy, social skills sessions and two IEEs; most other claims denied.Split decision: student prevailed on 4 of 21 issues (2 in part)
- Student v. Garden Grove Unified School District (consolidated)Garden Grove Unified's triennial IEP offered FAPE and may be implemented; district's request to finish assessments without consent denied.Split decision: student prevailed on 1 of 8 issues
- Student v. Fremont Union High School DistrictFremont Union High must provide door-adjacent curb-to-curb transportation inside a gated complex and reimburse the family's mileage.Student prevailed on all issues
- Student v. Del Mar Union School District (consolidated)Del Mar Union must repay a $3,500 private assessment and fund 80 therapy hours; residential placement reimbursement denied.Split decision: student prevailed on 3 of 12 issues (3 in part)
- Student v. Garvey School DistrictGarvey School District must assess fourth grader's school anxiety and provide home instruction and compensatory services; parent-participation claim denied.Split decision: student prevailed on 2 of 3 issues (2 in part)
- Student v. Lakeside Joint School DistrictLakeside Joint School District must fund IEEs and reimburse private school tuition after never holding a 2018-2019 IEP meeting.Student prevailed on all issues
- Student v. Oakland Unified School District (consolidated)Oakland Unified must provide 473 compensatory hours and two IEEs after failing to implement a 21-year-old's IEP following her certificate.Split decision: student prevailed on 11 of 18 issues (3 in part)
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified must fund a student's Utah residential treatment placement and repay travel costs after denying a FAPE.Student prevailed on all issuesVanaman German LLP represented the student
- Student v. Escondido Union School DistrictEscondido Union must reimburse $25,018.40 for private services and travel and fund up to $1,500 in IEEs after denying FAPE.Split decision: student prevailed on 3 of 5 issues (2 in part)
- Redondo Beach Unified School District v. StudentRedondo Beach Unified's 2017 psychoeducational assessment was appropriate; parents' request for a publicly funded IEE denied.District prevailed on all issues
- Student v. Bellflower Unified School DistrictBellflower Unified must fund 26 hours of speech therapy after improperly cutting services; ALJ also finds October 2017 placement predetermined.Split decision: student prevailed on 5 of 25 issues
- Student v. Irvine Unified School DistrictIrvine Unified must fund a mental health IEE after offering too little counseling; claims on assessment, eligibility, and placement denied.Split decision: student prevailed on 1 of 5 issues
- Student v. Fontana Unified School DistrictFontana Unified prevails on all claims over a 19-year-old's goals, transition, certificate of completion, and IEP implementation.District prevailed on all issues
- Student v. Oxnard School DistrictOxnard School District stipulated it failed its child find duty as of October 31, 2016; Student prevailed on the sole issue.Student prevailed on all issues
- Student v. Burbank Unified School DistrictBurbank Unified breached child find by ignoring a parent's assessment request; ALJ orders staff training but no compensatory education.Student prevailed on all issues
- Student v. Huntington Beach Union High School DistrictHuntington Beach Union High School District prevails; ALJ rejects 22-year-old's claim for an hour of daily speech therapy.District prevailed on all issues
- Alhambra Unified School District v. StudentAlhambra Unified may implement its high school special day class offer without parent consent despite unclear service entries.District prevailed on all issues
- Campbell Union High School District v. StudentCampbell Union High School District must fund an independent psychoeducational evaluation after failing to prove its 2017 assessment was appropriate.Student prevailed on all issues
- La Canada Unified School District v. StudentLa Canada Unified must fund psychoeducational and speech-language IEEs; the ALJ upheld its occupational therapy assessment.Split decision: student prevailed on 2 of 3 issues
- Student v. Fruitvale School DistrictFruitvale School District failed to assess in four areas and must fund evaluations; claims for added services denied.Split decision: student prevailed on 4 of 8 issues
- Summit Public Schools-Denali v. StudentSummit Public Schools-Denali may not assess without consent through a "diagnostic placement" or implement its June 2018 IEP.Student prevailed on all issues
- Student v. Baldwin Park Unified School DistrictBaldwin Park Unified must fund a psychoeducational IEE, restore speech eligibility and services, and provide 27 compensatory hours.Split decision: student prevailed on 4 of 22 issues
- Student v. Manhattan Beach Unified School DistrictManhattan Beach Unified must reimburse $45,221.75 plus further tuition until the next annual IEP for a student's unmet mental health needs.Split decision: student prevailed on 2 of 20 issues (1 in part)
- Student v. San Diego Unified School District (consolidated)San Diego Unified wins on all issues and may implement a ninth grader's February 2018 IEP without parental consent.District prevailed on all issues
- Student v. Eastside Union School DistrictEastside Union School District did not have to provide home-to-school transportation to a preschooler whose parent could drive him.District prevailed on all issues
- Student v. Antioch Unified School DistrictAntioch Unified must repay about $6,000 in preschool tuition, ABA, and mileage costs and provide nine hours of speech therapy.Split decision: student prevailed on 5 of 7 issues (1 in part)
- Menifee Union School District v. StudentMenifee Union may reassess a medically fragile student without consent and implement its December 2017 IEP over parent objection.District prevailed on all issues
- Student v. Rincon Valley Union Elementary School DistrictRincon Valley Union's home-instruction offer, made over THC seizure medication concerns, denied a FAPE; campus placement ordered.Student prevailed on all issues
- Student v. Berkeley Unified School DistrictBerkeley Unified must reimburse $86,458 for a therapeutic boarding school and counseling after failing its child find and assessment duties.Student prevailed on all issues
- Elk Grove Unified School District v. StudentElk Grove Unified's behavior, occupational therapy and speech assessments were appropriate, so the district does not have to fund independent evaluations.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified must provide 100 hours of specialized academic instruction after failing to document efforts to obtain assessment consent.Student prevailed on all issues
- Chaffey Joint Union High School District v. StudentChaffey Joint Union High School District may place a student with autism at Bliss Academy without parental consent.District prevailed on all issues
- Anaheim Elementary School District v. StudentAnaheim Elementary School District need not fund speech or psychoeducational IEEs and may exit first grader from special education.District prevailed on all issues
- Student v. Berkeley Unified School DistrictBerkeley Unified must reimburse tuition, tutoring and an assessment after a 2017 IEP lacked academic goals; older claims were time-barred.Split decision: student prevailed on 4 of 25 issues
- Student v. Pittsburg Unified School DistrictPittsburg Unified denied FAPE by skipping a health assessment for a student with spina bifida; 243 compensatory hours ordered.Split decision: student prevailed on 4 of 7 issues (2 in part)
- Student v. Gilroy Unified School DistrictGilroy Unified must reimburse $406.50 for a second parent's plane ticket under an IEP travel agreement; toll fee claim denied.Split decision: student prevailed on 1 of 2 issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified prevails on all claims over four IEPs; no reimbursement for private Arete Academy placement.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must reimburse private school tuition and mileage after its 2016 IEP and missing 2017 IEP denied FAPE.Split decision: student prevailed on 4 of 6 issues
- Student v. San Diego Unified School DistrictSan Diego Unified prevails on all claims over a student's IEP goals, typing instruction, and the Keep It Simple program.District prevailed on all issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified's reading services for a student with severe dyslexia offered a FAPE; private school reimbursement denied.District prevailed on all issuesVanaman German LLP represented the student
- Student v. San Juan Unified School DistrictSan Juan Unified must train staff on transfer-student IEP meetings; ALJ denies nonpublic school reimbursement and other claims.District prevailed on all issues
- Student v. Antioch Unified School DistrictAntioch Unified wins child find case; pre-June 2015 claims time-barred and summer break delayed assessment deadline.District prevailed on all issues
- Student v. San Diego County Office of EducationSan Diego County Office of Education did not have to offer residential treatment to a student leaving juvenile detention.District prevailed on all issues
- John Swett Unified School District v. StudentJohn Swett Unified cannot implement its February 2018 IEP without consent after holding an IEP meeting without the parent.Student prevailed on all issues
- Student v. Dublin Unified School District (consolidated)Dublin Unified wins on all issues: triennial assessment appropriate, intellectual disability eligibility upheld, and special day class offer provides FAPE.District prevailed on all issues
- Norwalk-La Mirada Unified School District v. StudentNorwalk-La Mirada Unified may implement its special day class IEP offer for a first grader without parental consent.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not predetermine autism as a ninth-grader's primary eligibility category; Student's claim denied.District prevailed on all issues
- Student v. San Dieguito Union High School DistrictSan Dieguito Union High must reimburse residential treatment and private school costs; four other claims denied.Split decision: student prevailed on 2 of 6 issues
- Riverdale Joint Unified School District v. StudentRiverdale Joint Unified may reassess student without parental consent at locations it chooses; parents must sign medical releases.District prevailed on all issues
- Tahoe Truckee Unified School District v. StudentTahoe Truckee Unified failed to prove its split California-Nevada IEP offered FAPE but may assess the deaf student without consent.Split decision: student prevailed on 1 of 2 issues
- Capistrano Unified School District v. StudentCapistrano Unified proves its occupational therapy and psychoeducational assessments were appropriate; parent's requests for publicly funded IEEs denied.District prevailed on all issues
- Gilroy Unified School District v. StudentGilroy Unified may reassess a student with autism without consent but cannot implement its piecemeal, unfinished IEP offer.Split decision: student prevailed on 1 of 2 issues
- Student v. Capistrano Unified School DistrictCapistrano Unified must provide 52 hours of compensatory services for goal, speech and home-instruction failures; placement claims denied.Split decision: student prevailed on 4 of 11 issues
- San Marcos Unified School District v. StudentSan Marcos Unified may implement its high school IEP without parental consent after the ALJ found it offered a FAPE.District prevailed on all issues
- Student v. Santa Rosa City SchoolsSanta Rosa City Schools must place student with autism and emotional disturbance at Monarch residential center and reimburse $5,500.Split decision: student prevailed on 4 of 6 issues
- Student v. Fullerton School District (consolidated)Fullerton School District must fund an independent FBA, an expert observation, and $1,100; most of the student's claims were denied.Split decision: student prevailed on 3 of 48 issues (1 in part)
- Student v. Fountain Valley Unified School District (consolidated)Fountain Valley must fund 105.5 hours of one-to-one instruction and reimburse $2,697.50; autism eligibility and goals claims denied.Split decision: student prevailed on 3 of 7 issues
- Student v. Greenfield Union School DistrictGreenfield Union School District prevails on all four claims over a three-day exclusion, eligibility listing, transportation, and daily notes.District prevailed on all issues
- Student v. Palo Alto Unified School DistrictPalo Alto Unified prevails on all claims by a gifted 9th and 10th grader with anxiety and executive functioning needs.District prevailed on all issues
- Student v. Antioch Unified School DistrictAntioch Unified prevails on all nine claims about behavior plan implementation, speech-language, autism assessment, and discipline.District prevailed on all issues
- Student v. San Dieguito Union High School DistrictSan Dieguito Union High School District did not have to hold a manifestation determination before expelling a student who was not in special education.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified prevails on all claims; no functional behavior assessment, 1:1 aide, or reimbursement owed to student with autism.District prevailed on all issues
- Student v. San Marcos Unified School DistrictSan Marcos Unified denied a preschooler FAPE by offering no behavior services; ALJ orders IEEs and a one-to-one aide.Split decision: student prevailed on 1 of 9 issues
- Student v. Tustin Unified School District (consolidated)Tustin Unified's triennial assessment upheld with no IEE owed; Student's challenges to IEP goals and general education placement denied.District prevailed on all issues
- Student v. Etiwanda School DistrictEtiwanda School District prevails on all claims; special day class placement and October 2017 IEP offered a FAPE.District prevailed on all issues
- Corcoran Joint Unified School District v. StudentCorcoran Joint Unified may reassess an 11-year-old student without parent consent despite parents' concerns about testing anxiety.District prevailed on all issues
- Student v. Kern County Superintendent of SchoolsKern County Superintendent of Schools did not fail to implement a residential stipend after a parent added terms to the IEP.District prevailed on all issues
- Student v. San Diego Unified School District (consolidated)San Diego Unified must reimburse a year of nonpublic school tuition and transportation after failing to implement a consented IEP.Split decision: student prevailed on 7 of 19 issues
- Visalia Unified School District v. StudentVisalia Unified may reassess a fifth grader with a speech or language impairment without parental consent under its December 2017 plan.District prevailed on all issues
- Student v. Hermosa Beach City School DistrictHermosa Beach City School District owes nearly 500 hours of compensatory services for undisclosed physical holds at a nonpublic school.Split decision: student prevailed on 11 of 22 issues (1 in part)
- Vista Unified School District v. StudentVista Unified may reassess a 16-year-old student without parental consent after parents ignored repeated bilingual requests.District prevailed on all issues
- Student v. Santa Monica-Malibu Unified School DistrictSanta Monica-Malibu Unified's nonpublic school offer at Beach Cities was appropriate; parents denied reimbursement for private school.District prevailed on all issuesVanaman German LLP represented the student
- Student v. Menifee Union School DistrictMenifee Union prevails: a home-instructed student did not prove that receiving no physical education denied her a FAPE.District prevailed on all issues
- Student v. Fillmore Unified School DistrictFillmore Unified's manifestation determination upheld; ALJ finds ninth grader's on-campus drug possession not caused by his disability.District prevailed on all issues
- Colton Joint Unified School District v. StudentColton Joint Unified may place an eighth grader at a nonpublic school and reassess him without parental consent.District prevailed on all issues
- Student v. Upland Unified School DistrictUpland Unified's September 2017 IEP offered FAPE; parent's claims for goals, testing accommodations, transportation, ESY, and OT denied.District prevailed on all issues
- Student v. Antioch Unified School DistrictAntioch Unified must train special education staff after an improperly composed July 2015 IEP meeting; other claims denied or time-barred.Split decision: student prevailed on 1 of 4 issues
- Student v. Victor Valley Union High School DistrictVictor Valley Union High School District properly found that a student's bringing a gun to school was not a manifestation of his disability.District prevailed on all issues
- Student v. Hayward Unified School DistrictHayward Unified must hold an IDEA manifestation determination for an expelled student after conceding a basis of knowledge.Split decision: student prevailed on 1 of 2 issues
- Student v. Vista Unified School DistrictVista Unified did not need a manifestation review before moving to expel a student it had no basis to suspect had a disability.District prevailed on all issues
- Sacramento City Unified School District v. StudentSacramento City Unified fails to prove its May 2017 IEP offered FAPE because incomplete assessments left goals without accurate baselines.Student prevailed on all issues
- Student v. Antioch Unified School DistrictAntioch Unified must reimburse full-time Halstrom Academy costs for the rest of 2017-2018 and fund an independent behavior assessment after failing to assess, write goals, and make clear IEP offers.Split decision: student prevailed on 5 of 9 issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified did not violate child find for a private school student who never sought its assessments; all claims denied.District prevailed on all issues
- Student v. Irvine Unified School DistrictIrvine Unified must reimburse private school, occupational therapy, and mileage after building an IEP on year-old data; assessment claim denied.Split decision: student prevailed on 6 of 7 issues
- Oakland Unified School District v. StudentOakland Unified may implement IEP placing third grader at Highland Academy without parent consent; placement held least restrictive environment.District prevailed on all issues
- Student v. Berkeley Unified School DistrictBerkeley Unified owed no FAPE because Parent lived in Richmond, outside the district; all of Student's claims denied.District prevailed on all issues
- Student v. Benicia Unified School District (consolidated)Benicia Unified lawfully graduated a 21-year-old with a regular diploma; ALJ denies all of Student's claims despite a late annual IEP.District prevailed on all issues
- Student v. Chula Vista Elementary School DistrictChula Vista Elementary must fund 60 hours of intensive reading instruction for child find, assessment, and eligibility failures.Split decision: student prevailed on 3 of 5 issues
- Student v. Riverside Unified School District (consolidated)Riverside Unified prevails on all issues; ALJ finds December 2016 IEP offered FAPE and may be implemented without consent.District prevailed on all issues