CASE NO. 2022090902

Student v. PALM SPRINGS UNIFIED SCHOOL DISTRICT

Counsel for Student: Wendy Dumlao

Counsel for District: Maria Gless and Austin Jones

Representative for District: Sofia Wagner and Jodi Curtis

ALJ: Cynthia Fritz

Date of Decision: April 12, 2023

Significant areas of law: What constitute as a major discrepancy between the services required by the child’s IEP and the services offered by the District? A major discrepancy between the services required by the child’s IEP and the services offered by the District is denial of FAPE.

ISSUES:

• Did District deny Student a FAPE by failing to implement Student’s specialized academic instruction and speech and languages services during distance learning?

FACTS OF THE CASE:

• Student was 10 years old with diagnosis of autism spectrum disorder; attention deficit hyperactivity disorder, called ADHD; and Facioscapulohumeral Muscular Dystrophy. Student qualified for special education eligibility under the categories of autism and other health impairment.
• Parents filed a request for due process hearing by contending that District failed to provide student a FAPE during school year 2021-2022, especially during distance learning and by failing to offer extended school year due to various reasons.

CONCLUSION:

• District DENIED Student a FAPE by failing to implement Student’s specialized academic instruction and speech and languages services during distance learning.

Rationale:

• A material failure occurs when there is more than a minor discrepancy between the services a school provides to a disabled child and the services required by the child’s IEP.
• Student was entitled to 30 minutes, eight times monthly, of group speech and language services based upon his latest IEPs. His Distance Learning IEP Aligned Plan also offered the same speech and language services.
• Student was not provided 22 of the 56, 30 minute sessions, during September 2020 to April 2021. District failed to provide 11 hours out of the 28 hours required. Further, it was evident that although Student made progress on his speech and language goals, his progress was negatively impacted.

REMEDIES/ORDER:

• Within 30 days of this Decision, Parent must provide to District the proof of tuition amount, proof of payment, the loan document between Parent’s father and Lindamood-Bell program (Parent’s choice of methodology for Student’s reading services), and proof of loan or responsibility to reimburse between Parent and Parent’s father.
• Within 60 days of receipt of the above documents, District will reimburse Parent for the actual cost of 80 hours of the summer 2022 Lindamood-Bell program not to exceed $12,560.
• District must provide Student 7 hours of district provided, in-person, compensatory speech and language services. The compensatory services must be provided to Student by the end of the 2023-2024 school year.