Friday, May 28, 2010

California Special Education Decisions May 2010- summary of cases

There were nine Special Education Decisions issued by California Office of Administrative Hearings (OAH) in May 2010. The issues in these nine cases were very diverse ranging from alleged violations of the Hughes Bill, Districts failure to provide Free and Appropriate Public Education (FAPE) for various reasons including failure to provide appropriate designated services, failure to offer the Least Restrictive Environment, failure to provide a specific teacher and failure to adequately assess in all areas of suspected disability.

Of the nine decisions issued, four of the Due Process Complaints were filed by School Districts: Poway Unified School District, Cupertino Union School District, La Mesa Spring –Valley School District and Patterson Joint Union School district. Parents on behalf of their child against Districts filed the other five Complaints.

Decisions issued by OAH are required by law to indicate the prevailing party. In the nine Decisions rendered in May 2010, six of the Decisions listed the District as the prevailing party, two were split partially for the Student and partially for the District and one Decision was issued wherein the Student fully prevailed.

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