Counsel for Student: Phillip VanAllsburg and Andrea Blair

Counsel for District: Lisa Corr and Ashley DeVance

Representative for District: Miguel Contreras

ALJ: Jennifer Kelly

Date of Decision: March 22, 2023

Significant areas of law: Student is not entitled to receive IEP services comparable to his/her last implemented IEP where Student does not transfer from one public school to another within the same state during the same academic year or between school years.

ISSUES:

• Did District deny student a FAPE by failing to develop an administrative IEP to provide student services comparable to those within his last agreed upon and implemented IEP?

FACTS OF THE CASE:

• Student was 16 years old and was eligible for special education and related services under the category of autism. Student was enrolled in a private school during school years 2019-2020 and 2020-2021 and enrolled in current NPS in November 2021 for school year 2021-2022.

CONCLUSION:

• District DID NOT deny student a FAPE by failing to develop an administrative IEP to provide student services comparable to those within his last agreed upon and implemented IEP.

Rationale:

• Student completed the 2020-2021 school year at a private school and did not enroll in any public school before the start of the 2021-2022 school year.
• Student did not prove he transferred between public school districts within the same academic year.
• The preponderance of the evidence proved Student did not transfer from one public school to another within the same state during the same academic year or between school years for purposes of the IDEA and California intrastate transfer provisions.

REMEDIES/ORDER:

• None.