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Recent Cases: Tri-City SELPA
Tri-City SELPA
Due Process Settlements
Santa Monica Malibu Unified School District
July 2005, SN05------ v. SMMUSD: In a case involving an elementary school student with Autism, issues include FAPE – placement in the Least Restrictive Environment, 1:1 Aide services, Occupational Therapy, and other services. Previous FAPE issues are also involved. An issue is involved as to whether a district coordinator can override the recommendations of the IEP team regarding the provision of NPA provision and supervision of 1:1 Aide. Student had more than 7 aides during one school year which contributed to his ongoing behavior problems. Case was resolved w/ NPA aide support
.July 2005, SN05------ v. SMMUSD: Case involves a high school student with Autism.
Issues include continuation of services, FAPE, etc. Previously,
this same student had settled with the district to provide
a unique music program. This case is to continue the services
that had already been provided to student based on his unique
needs. Case settled. Student received an unique program that
incorporates his musical talent and interests. Program structured
to assist Student in learning how to earn a living in the
music business.
December 2004, SN 02-XXXX
A2Z settled a case with Santa Monica Malibu Unified School
District involving a 9-year old student with cerebral
palsey. The issue was reimbursement to parent for the
private placement of student at an NPS prior to the district's
determination that the NPS was appropriate. Parents were awarded
_ actual tuition costs.
November 2004, SN 03-XXXX
A2Z settled a case with Santa Monica Malibu Unified School
District involving a 14-year old student with ADHD
and extreme anxiety. Student had dropped out of middle
school due to extreme school anxiety brought on by teasing
and hazing from fellow students. The administration of the
school did not intercede on behalf of student therefore he
quit school and was home schooled for 2 years. District agreed
to reimburse parents for cost of private assessment, home
school tutoring and agreed to provide prospective counseling
intervention for one year.
September 2004, SN 03-XXXX
A2Z settled a case with Santa Monica Malibu Unified School
District involving a 14-year old Autistic
student who wanted to leave the local middle school due to
anxiety. Student was offered a program to give her the support
she needed to remain on the public school campus. A program
that offered academic challenge but also allowed her to have
a safe haven for stress reduction was devised. Parent was
reimbursed for private services and transportation previously
provided to student.
August 2004, SN 02-XXXX
A2Z settled a case with Santa Monica Malibu Unified School
District involving a 17-year old Autistic
student who had not been in school for several years. The
student was very impacted by his autism but was also extremely
bright. The student was obsessed with music so a unique program
was devised utilizing music to incorporate math, reading,
language arts and life skills. The student was also offered
opportunities to socialize with other students at the local
high school. Parent was reimbursed for costs for providing
the program to student prior to settlement, including transportation
and the costs of a one-to-one aide.
A2Z secured NPS placement for a middle school autistic student in the SMMUSD.
The case involved issues of substantive and procedural violations,
including the failure to offer a program that was designed
to meet the student's unique needs. The school district offered
a program that was not yet in existence.
A2Z negotiated a confidential settlement agreement
at mediation with Santa Monica Malibu Unified school district.
The issues involved years of procedural and substantive violations.
The student secured appropriate services, compensatory services
and reimbursements for privately obtained assessments and
services.
Beverly Hills Unified School District
A2Z negotiated a settlement agreement involving
a 6 year old with Down Syndrome.
The issues include appropriate placement and services. The
agreement provides for placement in the child's home school,
a behavioral assessment and plan by an NPA, trained aides,
and DIS services.
School District: Beverly Hills Unified School District
Age or grade: 13
Disability: Impairment, OHI (Autism)
Outcome: High Functioning Female Middle School Student awarded placement at Village Glen, an NPS. In a settlement agreement Parents were reimbursed for all out of pocket expenses and attorney fees.
Compliance Complaints
A2Z has filed numerous compliance complaints
against Santa Monica Malibu Unified School District involving
a student with autism. The complaints have involved such issues
as failure to adhere to assessment plan timelines, failure
to conduct assessments and hold IEPs within the 50 day timeline,
failure to provide prior written notice, failure to follow
required corrective actions, failure to implement an IEP,
holding an IEP without all required members, and interfering
with an employee's ability to advocate for the needs of a
student. As a result, the CDE has conducted compliance investigations
that revealed systemic problems in SMMUSD, and has issued
orders including required corrective actions as to this particular
student as well as an order to hold a public hearing to discuss
issues of noncompliance. Most recently, compliance complaints
in this case have resulted in required corrective actions
for the failure to implement the terms of a settlement agreement,
to include compensatory reading services by a qualified specialist.
COMING UP: A2Z's Compliance Initiative –
Helping Parents Secure Compliance with IEPs and Procedural
Safeguards
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