31. District failed to prove that Ms. Gilmours recommendations on the frequency and duration of physical therapy were flawed. The October 14, 2015 IEP offered appropriate goals and services to meet Students unique needs in the areas of academics, speech and language, and behavior, but failed to address unique needs in the areas of physical therapy and occupational therapy sensory needs. Student was instructed to work on a biography of Sally Ride, review notes on the assignment, annotate his book with sticky notes and draft the biography. District failed to offer services to address those needs at the March 14, 2016 IEP team meeting that reviewed the District funded physical therapy independent educational evaluation. We want to emphasize, this does not mean the 2019-2020 academic year is finished. Student scored in the average range on each of the subtests. All required IEP team members were present. Ms. Raridon held a master of arts in teaching with a specialization in applied behavior analysis. 2006) 464 F.3d 1025, 1034 [student, who was denied a FAPE due to failure to properly implement his IEP, could most benefit by having his teacher appropriately trained to do so].) It shall be the policy of the Board of Education that students and employees in the Downey Unified School District shall not be subjected to discrimination, harassment, intimidation, and bullying based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, or any other characteristic identified in Education Code 200 or 220, Government Code 11135, or Penal Code 422.55, or based on his/her association with a person or group with one or more of these actual or perceived characteristics and shall not be excluded from participation in or denied the benefits of any program or activity, except as provided for by law or regulation. Under the general direction of the Director of Special Education, the Program Administrator Special Education is a passionate, innovative, and inclusive educational leader who demonstrates the capacity to build meaningful relationships with district level leadership, site administrators, certificated and classified staff members, and parents and families on behalf of students with Individualized Education Programs (IEPs). Student disagreed with the change in aide service from an instructional aide, who Student worked with for several years, to a behavior aide. Under the Guidelines, a students motor needs in the areas of gait, aerobic capacity/endurance, motor control and coordination, balance, strength, sensory-integration, and posture, could be appropriately addressed by a licensed physical therapist. x][s8~OUk3)Wgs8k;5s}#id)?
^dTc Fdo>~zrv69g~!qB$l~Wg_3P_qh2PA$(f_/7 g{+5F]l|,Gc5 (Enter less keywords for more results. Whether a student was denied a FAPE is determined by looking to what was reasonable at the time, not in hindsight. 300.320.) (Rowley, supra, 458 U.S. at pp. In this matter, Student has the burden of proof on all issues. In developing the IEP, the IEP team must consider the strengths of the child, the concerns of the parents for enhancing the childs education, the result of the most recent evaluation of the child, and the academic, developmental, and functional needs of the child. 206- 207.) Passed the CBEST on first attempt. District refused to address these needs in the March 14, 2016 IEP and, in doing so, denied Student a FAPE. (J.L. 1 0 obj
The main purposes of the IDEA are: (1) to ensure that all children with disabilities have available to them a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living, and (2) to ensure that the rights of children with disabilities and their parents are protected. Code, 56000, subd. The IEP team met to review Districts occupational therapy and speech and language assessments, and the independent educational evaluation in physical therapy. 1414(d)(1)(A); 34 C.F.R. 65. Postsecondary The Downey Unified School District's administrative infrastructure is appropriately staffed to support the full range of special education programs and services as follows: Program director (1) Program administrators (4) Early intervention Elementary Middle school and all NPS/PACE case-management High school through Adult Transition Mental All updates/corrections must be routed through the LEA CDS coordinator. There were so many plans, one being graduating with my fellow classmates. stream
42. However, District never conducted its own physical therapy evaluation of Student. At the IEP team meeting, Students physical education teacher agreed that Student had needs in the areas of coordination, balance and strength. Montebello, CA 90640 (323) 887-7900 How does SELPA help? Click the button below to send a verification link to the email address (. Parent consented to portions of the October IEP in correspondence dated November 11, 2015, and November 16, 2015. An IEP is developed by an IEP team. However, during her observations, Dr. Morris noted that Student did not respond to peers, was not receptive to gestures, and was off-topic in conversations. District proffered no evidence that showed Students physical therapy related needs developed between October and December, 2015. Ms. Villegas and advocate Jim Campbell represented Student. Districts own physical therapist, Ms. Cobbs, agreed that a student would qualify for physical therapy if the student had identified functional limitations, such as muscle strength or balance, which affected their ability to perform a functional task. 894.). Instead, Student simply turned to his aide for instructional assistance. Valid California Administrative Credential
60. District witnesses admitted that Student had difficulty running, maintaining posture, and flopped his feet when walking. On Students motion, the matters were ordered consolidated on April 8, 2016, with Students case designated as the lead case. 43. How to Ensure Your Child's Continued Success in Public Schools. 1414(d)(1)(A)(i)(IV); 34 C.F.R. endobj
39. W81.o-_2,u_7Lw9'. The 15 Biggest Failures of the American Public Education System. 300.39; Ed. A Bright Beginning with Downey Unified We offer our students the best because they deserve the best. It shall be the policy of the Board of Education that students and employees in the Downey Unified School District shall not be subjected to discrimination, harassment, intimidation, and bullying based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, Case No. Skilled in. Please use the application below for all job entries. Appropriate relief in light of the purposes of the IDEA may include an award that school staff be trained concerning areas in which violations were found, to benefit the specific pupil involved, or to remedy procedural violations that may benefit other pupils. For longer responses, we recommend typing your responses in a separate document, then copying that into your application. The IDEA affords parents and local educational agencies the procedural protection of an impartial due process hearing with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a FAPE to the child. Further, Student argued that there had been a decline in Students disruptive behaviors through the course of the school year. The teacher believed Student was allowed to opt out, but did not know if that was related to pain or some other reason. Program Administrator - Special Education at Downey Unified School District Inglewood, California, United States . Average SAT composite score out of 1600, as reported by Niche users from this school. Largest student body (number of students) (Top 1%). This Decision is the final administrative determination and is binding on all parties. Once the instructional aide was properly trained, Parent would agree to the addition of behavior supervision services. Ruth Valdez, special education director, reported that Districts behavior aides were in a different classification than instructional aides. 55. Because states calculate graduation rates differently, use caution when comparing this data to data from another state. ), 8. Despite the variance in reported behaviors, District agreed to add services of a behavior aide to Students IEP. District shall provide Student with the therapies recommended in Ms. Gilmours December 2015 assessment, during the course of the 2016 2017 regular school year. Because District failed to address Students sensory needs in the IEPs of October 14, 2015 and March 14, 2016, it denied Student a FAPE. We are very sorry for any inconvenience this may have caused. Parent agreed to the goals, accommodations, modifications, and statewide assessments. Downey Unified School District filed a due process hearing request (complaint) with the Office of Administrative Hearings, State of California, on April 30, 2014, naming . Like other District witnesses, she could not explain why District chose to provide behavior training to one type of aide and not the other. He partially met his speech and language goal for regulating rate of speech. Ms. Gilmour was licensed to practice physical therapy in California for 32 years. Based upon her assessment, Ms. Gilmour determined Student had educationally related physical therapy needs in the areas of balance, strength, motor coordination, bilateral coordination, and running speed and agility. June 26, 2015 OAH 2011050579-2010100321-2011030557. 300.34; Ed. Claim This Company. 16. Once Student achieved treatment goals established in physical therapy, he would be transitioned to work with an adaptive physical education teacher through direct collaboration sessions. Although sometimes described in Ninth Circuit cases as educational benefit, some educational benefit, or meaningful educational benefit, all of these phrases mean the Rowley standard, which should be applied to determine whether an individual child was provided a FAPE. Related services were offered in occupational therapy, one-on-one, for 30 minutes per week, and consultation for 15 minutes per week; speech and language for 50 minutes per week, small group setting; and additional adult assistance (instructional aide) for 330 minutes per school day. The evidence showed that their relationship had become more argumentative over time. 2006) 464 F.3d 1025, 1033. Niche requires Javascript to work correctly. 11 [129 S.Ct. for this entity by clicking here:
In general, an IEP is a written statement for each child with a disability that is developed under the IDEAs procedures with the participation of parents and school personnel that describes the childs needs, academic, and functional goals related to those needs, and a statement of the special education, related services, and program modifications and accommodations that will be provided for the child to advance in attaining the goals, make progress in the general education curriculum, and participate in education with disabled and non-disabled peers. 22. Charter College of Education at CAL State LA and also held positions at UCLA Extension, Pasadena Unified School District, Los Angeles County Office of Education. At the conclusion of the hearing, OAH granted the parties request for a continuance to June 13, 2016, to submit written closing briefs. 2016031344 DECISION Student filed a due process complaint with the Office of Administrative Hearings, State of California, on March 18, 2016, naming Downey Unified School District. The authority to order such relief extends to hearing officers. 3600 Workman Mill Road
Minority enrollment is 95% of the student body (majority Hispanic), which is more than the California public school average of 78% (majority Hispanic). 36. (562) 469-6500. 2 0 obj
We want our students to find the path thats right for them as they determine their futures, whether thats beginning a career or continuing their education. Code, 56031.) 29. ), 33. Please enable JavaScript in your browser for a better user experience. The weight of the evidence showed that the transition period would lessen Students frustration and anxiety. 45. Code, 56345, subd. ), 11. Student had worked with his instructional aide for the past five years and developed a close relationship with her. (See Gregory K. v. Longview School Dist. (Id. *Note:
20. 25. (9th Cir. Ms. Gilmour credibly demonstrated Students needs in the areas of strength, motor coordination, balance, endurance/cardiovascular fitness, postural core stability, and gait. The IEP shall show a direct relationship between the present levels of performance, the goals and objectives, and the specific educational services to be provided. Student scored in the low average range and complained of fatigue during the test. 4. The IEPs accurately stated the Students academic and functional performance for services being offered. (E.D. Downey Unified School District ranks among the top 20% of public school district in California for: Downey Unified School District manages 21 public schools serving 22,162 students. (Id. District met its burden of Find job postings in CA, NY, NYC, NJ, TX, FL, MI, OH, IL, PA, GA, MA, WA, UT, CO, AZ, SF Bay Area, LA County, USA, UAE, SA, North America, abroad. In order to login in please enter your username and password below and then click the red Login button. 7. 1414(d)(3)(A); 34 C.F.R. The adaptive physical education goals and services should be consistent with California state content standards for seventh grade physical education and all goals should be consistent with the California Department of Educations Guidelines for Occupational Therapy and Physical Therapy in California Public Schools, Second Edition (2012). The evidence from District and Student showed that Student required external support to be prepared for learning, to address fidgeting, slouching and slumping in his chair, and bumping into objects and people. For your safety and protection, your session is about to expire. www.dusd.net. SEA 2008) 52 IDELR 240 [109 LRP 22923; Cal.Ofc.Admin.Hrngs. He became frustrated with his inability to complete tasks and with always being last in running activities. 3 et seq. (34 C.F.R. ; Ed. Student performed in the average range relative to same age peers. Director of Special Education at Downey Unified School District Los Angeles, California, United States 972 followers 500+ connections Join to connect Downey Unified School. 6. It contains a wide variety of information including school performance indicators, student and staff demographics, expulsion, suspension, and truancy information and a variety of test results. She described Students mild hypotonia in his trunk, upper and lower extremities.