Student v. Brentwood Union School District, OAH Case No. 2012060919
Sep 26, 2012OUTCOME: Went to hearing, Student prevailed.
Our office represented a pre-school aged student who was offered 100% SDC placement at 3 separate IEP meetings in the school district when Parents wanted full inclusion. Student had been attending a pr ... ivate "day-care" with typical students while attending the district's SDC program, and had shown that he was learning from modeling typical peers. The district acknowledged academic and non-academic benefit from Student's interaction with typical peers but failed to offer general education placement because public school districts are not required to provide compulsory pre-school GE classes, and the District had no other options for GE interaction for pre-school aged children. A due process complaint was filed, and the judge held that Student was denied a FAPE at all 3 IEP meetings based on the District's offer of 100% SDC placement. The District also failed to ensure the presence of a GE teacher at all of the IEP meetings, and its failure was not excused by the fact that 3 of the IEP team members coincidentally held GE credentials. The complete decision may be found here: http://milwaki.com/d/2.pdf
