Parent on Behalf of Student v. Los Angeles Unified School District OAH 2021060374
Jan 18, 2022OUTCOME: I represented Los Angeles Unified School District with Mark Waterman and the District prevailed on all 9 legal issues.
Los Angeles Unified School District did not deny Student a FAPE by failing to conduct a triennial Functional Behavior assessment pursuant to her three-year review due by March 16, 2021. Los Angeles pr ... evailed on Issue 1. Los Angeles Unified School District did not deny Student a FAPE by failing to conduct a triennial Occupational Therapy assessment pursuant to her three-year review due by February 1, 2020. Los Angeles prevailed on Issue 2. Los Angeles Unified School District did not deny Student a FAPE by failing to conduct a triennial Speech and Language assessment pursuant to her three-year review due by February 9, 2020. Los Angeles prevailed on Issue 3. Los Angeles Unified School District did not deny Student a FAPE by failing to conduct a triennial Adaptive Physical Education assessment pursuant to her three-year review due by March 20, 2020. Los Angeles prevailed on Issue 4. Los Angeles Unified School District did not deny Student a FAPE because the September 25, 2020, IEP: a. Did not provide a reading or math goal reasonably calculated to ensure meaningful educational benefit; b. Failed to include reading goals in the areas of reading comprehension, sight words, and vocabulary; c. Failed to include writing goals in the areas of writing fluency, spelling, vocabulary, punctuation, and grammar; and d. Failed to include math goals in the areas of math facts, math reasoning, counting, addition, multiplication, and division. Los Angeles prevailed on Issue 5. Los Angeles Unified School District did not deny Student a FAPE because the April 9, 2021, IEP: a. Did not provide reading, writing, or math goals reasonably calculated to ensure meaningful educational benefit; b. Failed to include reading goals in the areas of reading comprehension, sight words, and vocabulary; and c. Failed to include math goals in the areas of math facts, math reasoning, subtraction, and addition. Los Angeles prevailed on Issue 6. Los Angeles Unified School District did not deny Student a FAPE by failing to provide Student with in-person Behavior Intervention Implementation, referred to as BII, and Behavior Intervention Development, referred to as BID, services pursuant to the September 25, 2020, and April 9, 2021, IEPs. Los Angeles prevailed on Issue 7. Los Angeles Unified School District denied Student a FAPE by failing to provide Language and Speech services during COVID-19 school closure. Student prevailed on Issue 8. Los Angeles Unified School District denied Student a FAPE by failing to provide Occupational Therapy services during COVID-19 school closure. Student prevailed on Issue 9.
