California OAH Special Education Decisions from 2023
75 decisions: student prevailed on all issues in 10, split in 24, district prevailed on all issues in 41.
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- Student v. Rincon Valley Union Elementary School DistrictRincon Valley Union Elementary wins all six claims over a preschooler's April 2023 IEP; ALJ calls the claims baseless.District prevailed on all issues
- Student v. Torrance Unified School DistrictTorrance Unified must fund 87 hours of tutoring for missed specialized academic instruction after a transfer; most other claims denied.Split decision: student prevailed on 3 of 18 issues
- Student v. Los Alamitos Unified School DistrictLos Alamitos Unified did not have to provide summer 2023 ESY at a private school under a 2022 IEP amendment.District prevailed on all issues
- Victor Elementary School District v. StudentVictor Elementary may implement its moderate-to-severe special day class IEP without Parent's consent after ALJ finds it offered FAPE.District prevailed on all issues
- Student v. Palo Alto Unified School DistrictPalo Alto Unified must reimburse nonpublic school costs and fund placement at Esther B. Clark School after denying FAPE for two years.Student prevailed on all issues
- Berkeley Unified School District v. StudentBerkeley Unified may move an 18-year-old student to Rising Star SPED Academy for up to 45 school days after repeated injuries.District prevailed on all issues
- Student v. Campbell Union School District et al.Campbell Union must hold a manifestation determination for a student without an IEP after removing her more than 10 days.Student prevailed on all issues
- Student v. Chula Vista Elementary School DistrictChula Vista Elementary must provide 131 hours of compensatory academic instruction; aide, accommodation, and reassessment claims denied.Split decision: student prevailed on 2 of 7 issues (2 in part)
- Corona-Norco Unified School District v. StudentCorona-Norco Unified may keep a second grader in its intensive intervention program for 45 more school days.District prevailed on all issues
- El Segundo Unified School District v. StudentEl Segundo Unified may assess a third grader in academics, cognition, health, and social-emotional areas without parental consent.District prevailed on all issues
- Student v. San Bernardino City Unified School DistrictSan Bernardino City Unified denied FAPE for two years by not addressing a student's school refusal; remedies hearing set.Student prevailed on all issues
- Corona-Norco Unified School District v. StudentCorona-Norco Unified may complete overdue triennial reassessments without parental consent after parents demanded conditions that would invalidate testing.District prevailed on all issues
- Student v. Champs Charter High School of the ArtsChamps Charter High School of the Arts must reimburse $66,266 in residential tuition after failing to offer adequate behavior services and placement.Split decision: student prevailed on 2 of 2 issues (2 in part)Vanaman German LLP represented the student
- Student v. Twin Rivers Unified School DistrictTwin Rivers Unified prevails on all claims; unmeasurable transition goals were a procedural violation that did not deny FAPE.District prevailed on all issues
- Student v. Fremont Unified School DistrictFremont Unified wrongly stopped serving an adult student who moved out of state; must fund driver's training and train staff.Split decision: student prevailed on 3 of 13 issues (2 in part)
- Murrieta Valley Unified School District v. StudentMurrieta Valley Unified may place a dangerous-behavior student in its Learn At Home virtual program for up to 45 more school days.District prevailed on all issues
- Student v. Alpine Union School DistrictAlpine Union must provide 280 minutes of make-up occupational therapy; ALJ denies all other claims, including private school reimbursement.Split decision: student prevailed on 1 of 18 issues (1 in part)
- Student v. Long Beach Unified School DistrictLong Beach Unified prevails on all seven issues brought on behalf of a seven-year-old with autism; all relief denied.District prevailed on all issues
- Student v. Turlock Unified School DistrictTurlock Unified properly exited a student with ADHD from special education; all claims about aide, behavior plan, and parent training denied.District prevailed on all issues
- Student v. San Diego Unified School District (consolidated)San Diego Unified's psychoeducational assessment upheld; district need not fund independent evaluations in speech, math, or cognition.District prevailed on all issues
- Student v. Placentia-Yorba Linda Unified School DistrictPlacentia-Yorba Linda Unified must provide 512 hours of tutoring for cutting IEP services during COVID-19; one claim undecided, others denied.Split decision: student prevailed on 1 of 19 issues
- Student v. Capistrano Unified School DistrictCapistrano Unified prevails on all claims over a returning private school student's IEP meetings, assessment plans, and 2022 IEP.District prevailed on all issues
- Student v. Bonita Unified School District (consolidated)Bonita Unified's 2022 psychoeducational and speech-language assessments upheld; parent's requests for independent evaluations at public expense denied.District prevailed on all issues
- Student v. Capistrano Unified School DistrictCapistrano Unified prevails on all claims; ALJ rejects residential placement for autistic student whose escalating behaviors occurred mainly at home.District prevailed on all issues
- Los Angeles Unified School District v. StudentLos Angeles Unified's speech, adapted PE, physical therapy, and occupational therapy assessments upheld; no publicly funded IEEs ordered.District prevailed on all issues
- Student v. Elk Grove Unified School DistrictElk Grove Unified prevails on all claims over a ninth grader's triennial IEP, placement, speech, and transition services.District prevailed on all issues
- Student v. Yuba City Unified School DistrictYuba City Unified prevails on all claims involving COVID-era distance learning, aide, therapy services, ESY, and IEP predetermination.District prevailed on all issues
- Student v. Victor Elementary School DistrictVictor Elementary School District's offer of a county autism class upheld; parent's placement, aide, and IEE claims denied.District prevailed on all issues
- Palo Alto Unified School District v. StudentPalo Alto Unified may place student at Creative Learning Center for another 45 school days because of injury risk.District prevailed on all issues
- Student v. Aspire Public Schools et al.Aspire charter schools must train IEP staff after missing the start-of-year IEP deadline; 25 other claims denied.Split decision: student prevailed on 2 of 27 issues (1 in part)
- Student v. Palo Alto Unified School DistrictPalo Alto Unified must hold a manifestation determination review; bite was serious bodily injury and nonpublic interim placement upheld.Split decision: student prevailed on 1 of 3 issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified denied FAPE by delaying a student's assessment and IEP, but no remedy was ordered because make-up services were already provided.Student prevailed on all issues
- Student v. Piedmont Unified School DistrictPiedmont Unified must fund independent speech and occupational therapy assessments it never completed; ten other claims denied.Split decision: student prevailed on 1 of 11 issues
- Santa Ana Unified School District v. StudentSanta Ana Unified may move a third grader to Rossier Park nonpublic school without parental consent; ALJ finds IEP offered FAPE.District prevailed on all issues
- Hueneme Elementary School District v. StudentHueneme Elementary may reassess a student at sites it chooses, without the grandparent's conditions on location or her presence.District prevailed on all issues
- Student v. San Juan Unified School DistrictSan Juan Unified denied FAPE by holding an IEP meeting without a general education teacher; new IEP meeting and staff training ordered.Split decision: student prevailed on 1 of 11 issues
- Student v. Hacienda La Puente Unified School DistrictHacienda La Puente Unified must repay $9,300 for IEEs, offer two assessments, and provide 19 reading hours; most claims denied.Split decision: student prevailed on 8 of 27 issues
- Santa Monica-Malibu Unified School District v. StudentSanta Monica-Malibu Unified proves its psychoeducational assessment was appropriate and need not fund a neuropsychological IEE.District prevailed on all issues
- Central Unified School District v. StudentCentral Unified may not implement 11th grader's February–March 2023 IEP without parent consent after ALJ finds multiple FAPE denials.Student prevailed on all issues
- Student v. Newport-Mesa Unified School DistrictNewport-Mesa Unified must fund 19.5 hours of occupational therapy and up to $3,805 in reimbursement; placement claims denied.Split decision: student prevailed on 4 of 20 issues
- Student v. San Juan Unified School DistrictSan Juan Unified predetermined a graduating senior's final IEP; ALJ orders a summary of performance and staff training.Split decision: student prevailed on 5 of 8 issues (1 in part)
- Lemoore Union Elementary School District v. StudentLemoore Union Elementary may not implement its IEP without consent after staff unilaterally rewrote it as a new annual offer.Student prevailed on all issues
- Student v. Mt. Diablo Unified School District (consolidated)Mt. Diablo Unified owes nine hours of compensatory education and $100 for a heated lunchbox; may conduct feeding assessment without consent.Split decision: student prevailed on 11 of 22 issues
- Student v. Granite Mountain Charter SchoolGranite Mountain Charter School prevails on all claims, including IEE requests and therapist supervision; one claim dismissed with prejudice.District prevailed on all issues
- Student v. Saddleback Valley Unified School DistrictSaddleback Valley Unified prevails on all assessment and IEP claims for third grader with autism; all relief denied.District prevailed on all issues
- Student v. Travis Unified School District (consolidated)Travis Unified prevails on all claims; exit from special education upheld and March 2022 behavior assessment found appropriate.District prevailed on all issues
- Student v. Magnolia Science Academy-Santa Ana (consolidated)Magnolia Science Academy-Santa Ana may reassess a student without parent consent; three-year rule applies despite disputed prior IEP.District prevailed on all issues
- Student v. Compton Unified School DistrictOn remand, Compton Unified's improper 2018 disenrollment denied a FAPE; the ALJ orders 50 hours of math tutoring.Student prevailed on all issues
- Student v. Manteca Unified School District et al.Stockton Unified and Manteca Unified prevail on all 21 claims about distance learning and two preschool and kindergarten IEPs.District prevailed on all issues
- Berkeley Unified School District v. StudentBerkeley Unified may place a seventh grader in a residential interim setting for up to 45 school days because of safety risks.District prevailed on all issues
- Student v. Salinas Union High School DistrictSalinas Union High wrongly found an eighth grader's off-campus assault unrelated to his ADHD; ALJ orders him returned to his middle school.Split decision: student prevailed on 1 of 2 issues
- Student v. Temecula Valley Unified School District (consolidated)Temecula Valley Unified's initial assessments upheld; no publicly funded IEEs, and student found not eligible for special education.District prevailed on all issues
- Student v. Corona-Norco Unified School DistrictCorona-Norco Unified must assess vision and may owe 11 vision sessions; dozens of other claims denied.Split decision: student prevailed on 2 of 35 issues
- Newark Unified School District v. StudentNewark Unified may reassess student without parent consent; ALJ rejects parent's objection to standardized testing.District prevailed on all issues
- Long Beach Unified School District v. StudentLong Beach Unified's IEE cost caps upheld; district need not fund parents' chosen evaluator for psychoeducational and transition IEEs.District prevailed on all issues
- San Jose Unified School District v. StudentSan Jose Unified must fund a bilingual independent psychoeducational evaluation after giving a Spanish-speaking parent an English-only assessment plan.Student prevailed on all issues
- Student v. Sacramento City Unified School DistrictSacramento City Unified must hold manifestation determination after suspending student for conduct from before parent revoked special education consent.Student prevailed on all issues
- Grossmont Union High School District v. StudentGrossmont Union may move a 10th grader from MERIT Academy to Oak Grove residential treatment center for up to 45 school days.District prevailed on all issues
- Student v. Twin Rivers Unified School DistrictTwin Rivers Unified must create a $9,885 compensatory education fund for failing to offer dyslexia instruction and Spanish-language counseling.Split decision: student prevailed on 3 of 7 issues
- Student v. Palm Springs Unified School DistrictPalm Springs Unified must reimburse up to $12,560 for Lindamood-Bell and provide 7 speech hours; most other claims denied.Split decision: student prevailed on 3 of 20 issues (1 in part)
- Simi Valley Unified School District v. StudentSimi Valley Unified's October 2022 IEP moving a ninth grader from residential treatment to Phoenix School offered a FAPE.District prevailed on all issues
- Student v. Gateway College and Career AcademyGateway College and Career Academy must provide 132 compensatory hours for never offering an IEP; transfer-based claims denied.Split decision: student prevailed on 2 of 4 issues
- Rosedale Union Elementary School District v. StudentRosedale Union Elementary may reassess an eighth grader without parental consent after parents refused to sign its triennial plan.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified prevails on every claim challenging a third grader's math, literacy, goals, and extended school year offers.District prevailed on all issues
- Student v. San Diego Unified School DistrictSan Diego Unified prevails on all claims; no duty to offer FAPE while parents privately placed student out of state.District prevailed on all issues
- Student v. Turlock Unified School DistrictTurlock Unified prevails on all eight issues, including child find, services, and autism special day class placement.District prevailed on all issues
- Franklin-McKinley School District v. StudentFranklin-McKinley proved danger at Kennedy Elementary, but its virtual home program was inappropriate; student returns with full-day aide.Split decision: student prevailed on 1 of 2 issues
- Student v. San Juan Unified School DistrictSan Juan Unified prevails on all nine claims by student with Rett syndrome; earlier settlement barred claims through April 23, 2021.District prevailed on all issues
- Student v. Los Angeles Unified School DistrictLos Angeles Unified failed to deliver counseling during distance learning, but earlier make-up minutes sufficed; all other claims denied.Split decision: student prevailed on 1 of 15 issues (1 in part)
- Student v. Bella Mente Montessori Charter AcademyBella Mente Montessori Charter Academy predetermined a manifestation determination and must hold a new, procedurally compliant review within 45 days.Split decision: student prevailed on 1 of 3 issues
- Student v. Santa Barbara Unified School DistrictSanta Barbara Unified wins dismissal of former student's child find claims as barred by the two-year statute of limitations.District prevailed on all issues
- Student v. Downey Unified School DistrictDowney Unified must reinstate a fifth grader after an ALJ finds his conduct was a manifestation of his disability.Student prevailed on all issues
- Escondido Union School District v. StudentEscondido Union proves likely injury at middle school but loses bid for an unnamed residential placement; no removal ordered.Split decision: student prevailed on 1 of 2 issues
- Sacramento City Unified School District v. StudentSacramento City Unified may return a tenth grader to Point Quest nonpublic school for up to 45 more school days.District prevailed on all issues
- Student v. Goleta Union School DistrictGoleta Union denied FAPE by skipping autism, academic, and social-emotional triennial assessments and predetermining eligibility; staff training and evaluations ordered.Split decision: student prevailed on 6 of 9 issues (2 in part)