20. Yvette Gilmour conducted a physical therapy independent educational evaluation of Student on December 16, 2015, to address concerns with Students strength, endurance and motor coordination. (J.L. California 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. Student disagreed with the change in aide service from an instructional aide, who Student worked with for several years, to a behavior aide. Ms. Gilmours assessment and testimony were given significant weight based upon her credibility and the lack of a District physical therapy assessment that demonstrated weaknesses in Ms. Gilmours opinions and conclusions. Lexis 9135; Slama ex rel. District made a clear, written, specific formal offer of placement and services designed to meet Students unique needs in the areas of speech and language, behavior, and academics in its IEPs of October 14, 2015 and March 14, 2016. Further, staff was concerned about Students high level of dependence on his instructional aide. Jan 2011 - May 20115 months. 6.) However, the instructional aide reported to Dr. Morris one incident of being pushed by Student. 4. This district has been claimed by the district or a school district representative. If you wish to continue your session, please click OK. We recently updated the security of this site and all account emails must be verified to login. 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. (Enter less keywords for more results. Related services include speech and language services, occupational therapy services, physical therapy services, and other services as may be required to assist a child in benefiting from special education. Physical therapists are health professionals whose purpose is to correct, facilitate, or adapt the childs functional performance in motor control and coordination, posture and balance, functional mobility, accessibility, and use of assistive devices (citation omitted). (Guidelines, p. Niche users from this school district are most interested in the following colleges. 34. 5. Code, 56345, subd. 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. Administrative Law Judge Cole Dalton, Office of Administrative Hearings, State of California, heard this consolidated matter in Downey, California, on May 24, 25, and 26, 2016. Click the button below to send a verification link to the email address (. As students last stop before entering adulthood, the primary goal on our high school campuses is to equip our students with the skills and knowledge they need to be college and career ready.Our staff is dedicated to building students confidence and encouraging lifelong pursuits of knowledge and growth. She did not conduct her own assessment of Student, but was asked by District to review Ms. Gilmours assessment and provide her professional opinion. ABOUT US. at pp. 1414(d)(1)(A)(i)(III); Ed. He became frustrated with his inability to complete tasks and with always being last in running activities. 123 South Montebello Boulevard, Montebello, CA 90640-4729. 39. PARENT ON BEHALF OF STUDENT. 30. 1. School Psychologist Kathy Thompson confirmed these difficulties in her observation of Student in his English language arts class. He demonstrated a loss of balance when performing a hamstring stretch, moving his head from a downward position to an upward position and when standing up from a seated position on the ground. Please contact our, Username / Email not found in the system. Rebekah Ruswick is a Director, Special Education at Downey Unified School District based in Downey, California. District advised Parent on the requirements for the instructional aide to seek the new position and the reasons why she was not currently qualified to provide behavior aide services to Student. Director of Special Education and Joseph Rubio, program director, attended each day on behalf of Downey. Ms. Sopp worked with Student in a small group setting to address difficulties picking up on social cues, turn taking in conversations, and rate of speech. District offered related services consisting of occupational therapy, one-on-one, for 30 minutes per week and consultation for 15 minutes per week; speech and language therapy, small group, 50 minutes per week; intensive individual services by a behaviorally trained instructional assistant for 330 minutes per day; and Board Certified Behavior Assistant supervision services for four hours per month to support the behavior aide. Special Education (562) 469-6581 (562) 469-6555: Patricia Sandoval 1415(b)(6); 34 C.F.R. District denied Parents request to appoint Students instructional aide as a behavioral aide. A childs IEP must contain a statement of measurable annual goals, including academic and functional goals designed to meet the childs needs that result from the childs disability to enable the child to be involved in and make progress in the general education curriculum, and meet each of the childs other educational needs that result from the childs disability. The visual-motor integration sub-test required Student to reproduce drawings of geometric shapes as accurately as possible. Student was an 11-year-old boy who attended sixth grade at Doty Middle School, at the time of hearing. 894.). 2001) 267 F.3d 877 (Amanda J. In resolving the question of whether a school district has offered a FAPE, the focus is on the adequacy of the school districts proposed program. She was a supervisor at Gallagher Pediatric Therapy, a District contractor. 45. His physical education teacher agreed that he had needs in coordination, balance, and strength. Districts Board Certified Behavior Analyst, Julie Ton, attended the October IEP team meeting. Ms. Gilmour tested Students ability to participate in physical education activities involving ball skills. 24. 19. Code, 56505, subd. (See, N.R. Please address all of your letters to Ms. Alyda Mir, Assistant Superintendent, Certificated Human Resources. 1994) 15 F.3d 1519, 1527.) 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 . Subject to limited exceptions, a request for a due process hearing must be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request. District was allowed to utilize personnel of its choosing to implement the IEP. Code Regs., tit. 25. (Rowley, supra, 458 U.S. at pp. 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. Ms. Cobbs conceded that physical therapy could be recommended to address gross motor development if it interfered with a students ability to access physical education. at p. 951, fn. v. Tatro (1984) 468 U.S. 883, 891 [104 S.Ct. The IEP need only include the information set forth in title 20 United States Code section 1414(d)(1)(A)(i), and the required information need only be set forth once. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Code, 56345, subd. 1414(d)(1)(A)(ii); 34 C.F.R. 63. The team developed written IEPs that stated Students levels of academic achievement and functional performance, a statement of measurable annual goals, identified the special education and related services offered and included start dates, frequency, location and duration of services. Her duties included supporting all schools in behavior intervention for specific students, consultation with staff, training, and researching new ideas for use in consultation and intervention. Downey Unified School District spends $13,331 per student each year. 23. 1987) 811 F.2d 1307, 1314.) 2005) 401 F.3d 516, 524. Please use the link below to apply for this position. <>/Metadata 158 0 R/ViewerPreferences 159 0 R>> (34 C.F.R. 37. It has an annual revenue of $324,096,000. ), 32. 36. Ms. Sopp credibly demonstrated that Student made progress in speech with the frequency and duration of services specified in the June 2015 IEP. District contends the IEP of October 14, 2015, as amended March 14, 2016, offered Student a FAPE as it addressed his unique needs and offered placement and services in the least restrictive environment. ), 28. However, they also acknowledged concern over Student arguing with his aide, rather than following directions. (9th Cir. The weight of the evidence showed that the transition period would lessen Students frustration and anxiety. However, District never offered a related service to address Students motor needs. 44. District failed to establish that Student did not require supports and services to address his needs in the area of sensory processing. Because states implement these tests differently, use caution when comparing this data to data from another state. Student had demonstrated sensory processing issues that impacted his endurance, frustration, writing, posture, and attention. endobj 2008) 541 F.3d 1202, 1210 quoting, Letter Requesting Independent Educational Evaluation (IEE), Student Represented by Special Education Attorney/Lawyer, CA Senate Bill 98, Public Health Orders and Impact on Special Education, Public School Legal Obligations During the COVID-19 Closures, Special Education Compensatory Education COVID-19 Claims to Expire, Glossary of Special Education Terms and Acronyms, District Delays in Holding a Due Process Hearing. Ms. Villegas and advocate Jim Campbell represented Student. 1415(i)(2)(C)(iii) [standard of review for IDEA administrative hearing decision is preponderance of the evidence].) The Program Administrator Special Education exhibits technical expertise in special education compliance and programming within the public education setting and possesses a developed understanding of landmark and current special education legislation. (a).) The school district's graduation rate of 95% has decreased from 96% over five school years. 1430 N Street 300.511; Ed. There were so many plans, one being graduating with my fellow classmates. Based on Ms. Gilmours report, Ms. Cobbs would not have recommended school-based physical therapy, as Student was able to attempt all activities presented in physical education class. Its time for a new look! District shall provide Student with the therapies recommended in Ms. Gilmours December 2015 assessment, during the course of the 2016 2017 regular school year. Downey Unified School District is a highly rated, public school district located in DOWNEY, CA. District witnesses conceded that Student did not exhibit violent behaviors. 2008080580] [requiring training on predetermination and parental participation in IEPs]; Student v. San Diego Unified School Dist. 09-12-1095.) As part of her assessment, she administered subtests of the Bruininks and the Sesnory Profile 2- School Companion. 528, 163 L.Ed.2d 387]; see 20 U.S.C. He was eligible for special education as a student with autism spectrum disorder and other health impairment, due to attention deficit hyperactivity like symptoms. We prepare our students for college and career level academics, athletics, and artistic endeavors wherever their passions may lie. She reported that Student often did not participate in the running program and sometimes did not dress for physical education. Student was also offered extended school year programming. It has 22,216 students in grades K-12 with a student-teacher ratio of 25 to 1. Student established by a preponderance of the evidence that he required school-based physical therapy services. The evidence showed that their relationship had become more argumentative over time. Based on these recommendations, during tonight's Special meeting, Downey Unified's Board of Education voted to extend the closure of our school facilities and continue our distance learning for students throughout the remainder of the school year. Second, the tribunal must decide whether the IEP developed through those procedures was designed to meet the childs unique needs, and reasonably calculated to enable the child to receive educational benefit. Dr. Morris reviewed her assessments and made several recommendations to the team. 35. Adaptive physical education services were recommended three times per week for three months after direct physical therapy services ended. v Ms. Hangorani did not propose any new goals at the IEP team meeting in March 2016. Downey Unified School District is a highly rated, public school district located in DOWNEY, CA. Overall I have had a remarkable experience as a student at Downey Unified School District and would recommend it to everyone who seeks an outstanding education for their students. Ms. Gilmour established that Student required three hours per week of physical therapy at school, in order to address these needs. At the request of the parties, OAH granted a continuance to 5:00 p.m . Student met academic goals for reading and writing and made progress towards his math goal. The baseline for the goal accurately reflected what staff reported. District shall hold an IEP team meeting within 45 days of the date of issuance of this decision in order to establish accommodations, modifications, goals, supports, and services to address Students sensory processing needs in the areas of movement, registration, and behavior as identified in Ms. Hangoranis February 12, 2016 report and Ms. Gilmours report. 56. Ms. Raridon explained various coping strategies a behavior aide could teach Student during times of frustration. Overview and resources on California's new accountability and continuous improvement system. Special Education (156) Vocational (66) Alternative (1,026) School districts (2,055 . 300.501(a) Ed. If you are looking for a specific teacher, please check your school website faculty and staff directory page. The school district revenue/student has grown by 13% over four school years. 7. Based on racial and economic diversity and survey responses on school culture and diversity from students and parents. (Ibid.) The October 14, 2015, and March 14, 2016 IEPs met the procedural requirements of the IDEA. Downey Adult School Overall, the district spends $8,815.9 million on instruction, $4,058.9 million on . She was an adjunct professor at various universities. We want to emphasize, this does not mean the 2019-2020 academic year is finished. Ms. Raridon held a master of arts in teaching with a specialization in applied behavior analysis. v. Smith (9th Cir. However, District never conducted its own physical therapy evaluation of Student. He had difficulty holding a static position in the lunge stretch, quad stretch, and wall slide. Behavior supervision would provide support to the behavior aide for strategies used to implement Students program, as well as compiling and monitoring data collected on the frequency and duration of Students maladaptive behaviors. The specialized academic instruction was delivered through resource specialist program pull-out services for math one period per day and push-in for English language arts one period per day. . If you do not have a login, please CLICK HERE to register for an account. 300.34; Ed. Program Administrator - Special Education at Downey Unified School District. Briefs were timely filed and the matter was submitted on June 13, 2016. 3 All references to the Code of Federal Regulations are to the 2006 edition, unless otherwise indicated. Based on Ms. Gilmours report, she would have, as Ms. Gilmour did, recommended an adaptive physical education assessment due to Students motor coordination and strength issues while participating in physical education class. Downey Unified School District has a student/teacher ratio of 25:1, which is higher than the California state average of 22:1. Please try again, or contact the EDJOIN. This Decision is the final administrative determination and is binding on all parties. Skilled in. Nicolas Raridon was a credentialed Board Certified Behavior Analyst and Districts Autism and Behavior Program Specialist since 2012. According to Ms. Creed, an adapted physical education teachers focus is on adapted or specialized instruction to participate in physical education programs. ), 9. The IEP team is also required to include an individual who can interpret the instructional implications of assessment results, and, at the discretion of the parent or school district, include other individuals who have knowledge or special expertise regarding the child. And districts Autism and Behavior program Specialist since 2012 pushed by Student artistic. Establish that Student did not participate in physical education programs, CA 90640-4729 the time of hearing aide! 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