226 F. Supp. 3d 1081
D. Haw.2016Background
- Six-year-old student with autism and ADHD; enrolled at Home School preschool in 2013-14 and 2014-15; initial IEPs included a BSP in 2013-14 but later removed in 5/18/15 IEP; 5/18/15 IEP moved him to general education with limited SPED minutes and denied ESY; private school placement followed in Aug 2015; Tyson neuropsychological evaluation in 2015 suggested structured environment and social skills supports; court vacated/reversed portions of Hearings Officer’s decision and affirmed others, concluding the 5/18/15 IEP offered a FAPE and that reimbursement to Private School was not warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Child Find obligation violated? | DOE failed to conduct needed behavioral assessments under Child Find. | Petitioners did not raise Child Find in the administrative complaint; issue outside scope. | Vacated; court lacked jurisdiction on Child Find and rejected merits assuming arguendo. |
| Whether failure to conduct behavioral reevaluation denied FAPE? | Failure to reevaluate behavioral needs denied FAPE. | Reevaluation not necessary given available information at time of May 2015 IEP. | Reversed; procedural violation did not deny FAPE; 5/18/15 IEP offered FAPE. |
| ESY services denial affected FAPE? | Without ESY, Student would be denied FAPE. | ESY not required; data showed no need given progress and breaks analyzed; snapshot rule. | Affirmed; ESY denial did not constitute denial of FAPE. |
| Amount of weekly special education services sufficient? | Student requires more than 300 minutes per week to progress. | Evidence showed 300 minutes appropriate given age-level functioning. | Affirmed; 300 minutes per week upheld as sufficient to provide FAPE. |
Key Cases Cited
- L.M. v. Capistrano Unified Sch. Dist., 556 F.3d 900 (9th Cir. 2009) (deference to administrative findings and due weight standard during IDEA review)
- Amanda J. ex rel. Annette J. v. Clark Cty. Sch. Dist., 267 F.3d 877 (9th Cir. 2001) (two-step analysis for FAPE: procedural and substantive proper implementation)
- J.W. ex rel. J.E.W. v. Fresno Unified Sch. Dist., 626 F.3d 431 (9th Cir. 2010) (deference balance; substantial weight to thorough findings)
- Cnty. of San Diego v. Cal. Special Educ. Hearing Office, 93 F.3d 1458 (9th Cir. 1996) (scope of administrative hearing limited to notice; due weight in review)