(20 U.S.C. Hold an IEP team meeting to draft accommodations, modifications, goals, and occupational therapy services to address Students sensory processing and modulation needs consistent with Ms. Hangoranis February 12, 2016 report and Ms. Gilmours report. The revenue/student of $16,744 is higher than the state median of $14,213. 9300 Imperial Hwy., Downey 90242-2890 Ph. Job Details. 1401(14), 1414(d); Ed. (Cal. I have met many individuals that I now call friends in just the past years. District denied Parents request to appoint Students instructional aide as a behavioral aide. Parent agreed to the goals, accommodations, modifications, and statewide assessments. Student continued to request motor goals and physical therapy services. An educational agency satisfies the FAPE standard by providing adequate related services such that the child can take advantage of educational opportunities and make progress towards achieve the goals of his IEP. Divorce can be a traumatic experience for children, but by working closely with your children's teachers, you can help maintain their grades and positive behavior at school. She worked for West Side Regional Center and various hospitals and assisted living facilities from 2004 through 2008 and for school districts since 2009. Student scored in the average range, showing good visual discrimination of small details. OAH Case No. Code, 56363, subd. 2014 - 20162 years. The October 14, 2015 IEP offered appropriate goals and services to meet Students unique needs in the areas of academics, speech and language, and behavior, but failed to address unique needs in the areas of physical therapy and occupational therapy sensory needs. Code, 56344.) (Id. DECISION Robert S. Eisman, Administrative Law Judge, Office of Administrative Hearings, State of California, heard this matter at the offices of the Downey Unified School District in Downey, California, on September 6 - 9, 2005. Ton credibly demonstrated Students need for a behavior aide rather than the services of an instructional aide. 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. Lexis 9135; Slama ex rel. Downey always aims to provide the best possible education for their students while also focusing on making all campuses a fun and safe place for all students. 22. Code, 56363, subd. Best School Districts for Athletes in California. 300.17.) 2. (a)(4).) 300.321(a).) Downey Unified School District. Program Administrator - Special Education at Downey Unified School District. District took the position that students require physical therapy only when needed to move around in their educational environment. 4. Because Student was able to participate in physical education and was not limited in his participation, in Ms. Cobbs opinion, adaptive physical education would be appropriate for Student, but she did not believe he required separate physical therapy. 16. Code, 56345, subd. If you are looking for a specific teacher, please check your school website faculty and staff directory page. Special Education (562) 469-6581 (562) 469-6555: Patricia Sandoval Downey Unified School District shall be referred to as Downey. 3034, 73 L.Ed.2d 690] (Rowley), the Supreme Court held that the basic floor of opportunity provided by the [IDEA] consists of access to specialized instruction and related services which are individually designed to provide educational benefit to a child with special needs. J. The distinction is that physical therapy looks at functional skills a student needs to access the educational setting, while an adaptive physical education teacher looks at gross motor development and a students performance in relation to his or her peers. Overall good experiences because it's what you make of it. Ms. Gilmour determined that school-based physical therapy was necessary, as the standard physical education curriculum alone would not address Students deficits. 1414(d)(1)(A); 34 C.F.R. The IDEA does not require compensatory education services to be awarded directly to a student, such that staff training is an appropriate remedy. You can submit updates directly to the LEA CDS Coordinator However, District, nonetheless, denied Student a FAPE as it failed to offer Student supports and services to address Students needs in foundational gross motor skills in physical therapy and sensory processing in occupational therapy, in either IEP. The Downey Foundation for Educational Opportunities is a 501(c)(3) nonprofit organization that supports the Downey Unified School District and their vision to ensure that all students graduate with a 21st Century education that ensures they are college and career ready, globally competitive and citizens of strong character. Downey Unified School District has a student/teacher ratio of 25:1, which is higher than the California state average of 22:1. Ms. Raridon obtained input from IEP team meeting members, including classroom teacher, speech language pathologist, program administrator, and occupational therapist. Parent requested goals to address sensory strategies and posture. 34. Norwalk, CA A minimum of five years of experience in the field of special education required. SEA 2005) 42 IDELR 249 [105 LRP 5069] [requiring training regarding pupils medical condition and unique needs].). Ms. Cobbs was a licensed physical therapist in the State of California for 14 years. The baseline for the goal accurately reflected what staff reported. He correctly reproduced straight lines at various angles, circles, triangles, squares, and three lines crossing at a midpoint. (C.D.Cal. She earned several fellowships, honors and awards throughout her education and work. 66. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Occupational therapy means services provided by a qualified occupational therapist and includes improving, developing, or restoring functions impaired through illness, injury, or deprivation; improving ability to perform tasks for independent functioning, if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function. Very good campuses that offers students opportunities grow such as GATE, AVID, CSF and CJSF, clubs, sports, and music programs. Attorney Karen Gilyard represented District. (E.D. At the IEP team meeting, Students physical education teacher agreed that Student had needs in the areas of coordination, balance and strength. for this entity by clicking here: Ms. Gilmour opined that these deficits impacted Student educationally in that he was accident prone, rushed through writing activities, could be stubborn and uncooperative, resisted eye contact, was distracted by background noises, and did things in ways that were harder in that he moved more slowly than same age peers. 300.320(a)(7); Ed. Overview and resources on California's new accountability and continuous improvement system. ), 10. 1. The California School Directory and related public school and district data files 300.511; Ed. Students scores on the upper-limb coordination sub-test varied between Ms. Hangorani and Ms. Gilmours assessments. 2580 (D. Minn. 2003) 259 F. Supp.2d 880, 885; ODell v. Special Sch. Ton drafted a goal to address frustration and tolerance. It shall be the policy of the Board of Education that students and employees in the Downey Unified School District shall not be subjected to discrimination, harassment, intimidation, and bullying based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, 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. DOWNEY UNIFIED SCHOOL DISTRICT, 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. Ms. Hingorani was a nationally and state board certified occupational therapist since 2004. Ms. Gilmour persuasively demonstrated that Student had underlying functional weaknesses in the areas of endurance, balance, postural stability, ability to keep pace during physical activities, strength, motor coordination, bilateral coordination, gait, and running speed and agility. ), 33. 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. ; Ed. (34 C.F.R. Mo. For security reasons, we do not recommend using the Keep me logged in option on public devices. Code, 56502, subd. Find job postings in CA, NY, NYC, NJ, TX, FL, MI, OH, IL, PA, GA, MA, WA, UT, CO, AZ, SF Bay Area, LA County, USA, UAE, SA, North America, abroad. 37. Related services shall be provided when the instruction and services are necessary for the pupil to benefit educationally from his or her instructional program. (Ed. Instead, Student simply turned to his aide for instructional assistance. For these reasons, District denied Student a FAPE by failing to offer physical therapy services to address Students needs in the area of motor skills identified in paragraph 14. Please address all of your letters to Ms. Alyda Mir, Assistant Superintendent, Certificated Human Resources. Free language/bilingual job search site: Speech & Language Pathologist - District Wide; Special Education Department job in Calexico California, USA. Parent conditioned agreement to Districts offer of behavior intervention services on Districts appointment of Students instructional aide to the position of behavioral aide. The Ninth Circuit Court of Appeals has held that despite legislative changes to special education laws since Rowley, Congress has not changed the definition of a FAPE articulated by the Supreme Court in that case. Going Through a Divorce? Her duties included direct service to students, collaboration and consultation, and drafting goals for IEPs. 55. SEA 2008) 52 IDELR 240 [109 LRP 22923; Cal.Ofc.Admin.Hrngs. The team discussed present levels of performance, progress on goals from the annual IEP, and accommodations. Dist. The Downey Unified School District's administrative infrastructure is appropriately staffed to support the full range of special education programs and services as follows: Program director (1) Program administrators (4) Early intervention Elementary Middle school and all NPS/PACE case-management High school through Adult Transition Mental This is the percentage of students that scored at or above proficiency levels on their state math assessment test. (Forest Grove School Dist. Nicolas Raridon was a credentialed Board Certified Behavior Analyst and Districts Autism and Behavior Program Specialist since 2012. Please. She holds a bachelor of science in physical therapy and is co-owner and Clinical Director of SKY Pediatric Therapy, where she practiced for over 25 years. Instead, Rowley interpreted the FAPE requirement of the IDEA as being met when a child receives access to an education that is reasonably calculated to confer some educational benefit upon the child. 28. 4. First, the tribunal must determine whether the district has complied with the procedures set forth in the IDEA. Case No. Her duties as program specialist included providing one-on-one applied behavior analysis to students, creating and modeling applied behavior analysis classroom strategies, development of behavior programs, implementation of data collection systems, and providing behavior support and training to staff. 21. Based upon her assessment, Ms. Gilmour determined Student had educationally related physical therapy needs in the areas of balance, strength, motor coordination, bilateral coordination, and running speed and agility. Ms. Hangorani recognized sensory needs consistent with those identified by Ms. Gilmour, in her assessment of January and February of 2015. His instructional aide had not been able to extinguish the meltdowns despite having worked with Student since first grade. 1415(f)(3)(B); Ed. Parent asked whether the speech language pathologist implemented video modeling during speech sessions. School Psychologist - Special Education. Student prevailed on both issues. . 200, 203-204, 206-207. 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. For information regarding LEA accreditation, please visit the US Department of Educations California Department of Education (CDE) as a public convenience. Parents report was consistent with reports from other District staff. At the hearing, the party filing the complaint has the burden of persuasion by a preponderance of the evidence. Calexico Unified School District is an AA/EOE Calexico Unified School District is an Equal Opportunity Employer and does not discriminate on the basis of age, race, religion, sex, creed, color, national origin, or union status. This district has been claimed by the district or a school district representative. Dr. Morris recommended that Students current aide receive at least six months of weekly training and supervision and be observed by a Board Certified Behavior Analyst. (20 U.S.C. endobj Sensory processing deficits in behavior were reflected in Student getting easily and frequently frustrated and demonstrating stubbornness when directed to participate in non-preferred activities. The authority to order such relief extends to hearing officers. According to state test scores, 41% of students are at least proficient in math and 53% in reading. 22. 10. Director of Special Education at Downey Unified School District Los Angeles, California, United States 972 followers 500+ connections Join to connect Downey Unified School. Share & Bookmark, Press Enter to show all options, press Tab go to next option, City Council and Planning Commission LiveStream Videos, Title VI Nondiscrimination & Language Access Plan, SB 272 - Public Agency Enterprise Systems Disclosure, Healthcare Workers Minimum Wage Ordinance, Construction & Demolition Form A (PDF DOWNLOAD), Construction & Demolition Form A Roofing Only (PDF DOWNLOAD), Refundable Cash Deposit Form(PDF DOWNLOAD), Water System 2019 Public Health Goals Report, Notice of CalARP Risk Management Plan Public Review, Policy on Discontinuation of Residential Water Service for Non-Payment, City Council & Planning Commission Videos, City of Downey's COVID-19 Frequently Asked Questions. As a result, Dr. The school district spending/student has grown by 26% over four school years. 300.1 (2006) 17. At the conclusion of the hearing, OAH granted the parties request for a continuance to June 13, 2016, to submit written closing briefs. (Schaffer v. Weast (2005) 546 U.S. 49, 56-62 [126 S.Ct. Parent participated in the IEP team meetings with advocates and provided input, which resulted in changes to the IEPs. Downey Unified School District 11627 Brookshire Avenue Downey, CA 90241 (In reply, please refer to case no. Parent agreed with Dr. Morriss finding that Student had sensory needs. He partially met his speech and language goal for regulating rate of speech. A FAPE means special education and related services that are available to an eligible child at no charge to the parent or guardian, meet state educational standards, and conform to the childs IEP. (34 C.F.R. The October 14, 2015, and March 14, 2016 IEPs met the procedural requirements of the IDEA. If you are unable to add attachments, please email EDJOINHelpdesk@SJCOE.Net to open a ticket and we will follow up with you. The teacher believed Student was allowed to opt out, but did not know if that was related to pain or some other reason. 11627 Brookshire Ave. Downey 90241-7017. 29. 11. (Id. 1401(9); 34 C.F.R. Adaptive physical education services were recommended three times per week for three months after direct physical therapy services ended. According to Ms. Gilmour, Students deficits impeded his ability to access his physical education curriculum in that he lacked foundational skills necessary to keep pace with his peers. Dr. The District placed the Measure on the ballot by Resolution No. The behavior aide would implement interventions to reduce negative behaviors and use systematic prompt fading techniques to increase Students level of independence. Dear Superintendent Garcia: In November 2011, the U.S. Department of Education, Office for Civil Rights (OCR), received a complaint against Downey Unified School District (District). 5, 3082.) Therefore, information, or the absence of information, in the The failure to obtain critical assessment information about a student renders[s] the accomplishment of the IDEAs goals and the achievement of a FAPE impossible. (N.B. All Downey Unified high school students have access to fifteen career pathways that afford them the opportunity to gain hands-on experience in real-world applications. However, Ms. Hangorani provided no description of what the course involved or specific movements required of Student in order to successfully complete the course. 11627 Brookshire Ave. Downey, CA 90241-7017. Please click on the link in the email you received to continue and complete the verification process. (a).) District offered a two-week period where the instructional aide and behavior aide would overlap services, to help Student adapt to the change in service providers. The award must be reasonably calculated to provide the educational benefits that likely would have accrued from special education services the school district should have supplied in the first place. (Reid v. District of Columbia, (D.C. Cir. Curriculum includes recess time, lunchtime, and a wealth of other activities that occur at school that are not specific to pure academic learning. According to Ms. Gilmour, Students deficits impacted his social-emotional status because of reduced self-confidence and self-esteem. Phone. Services shall be provided by either a District or non-public agency physical therapist and adaptive physical education teacher, at Districts discretion. 40. I was in this district from K-12. According to state test scores, 41% of students are at least proficient in math and 53% in reading. applying to and cannot be provided by the EDJOIN Help Desk. Montebello Unified School District. (20 U.S.C. When filling out applications, please close all other open tabs and windows or risk data loss. ), 2. 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. (20 U.S.C. Please enable JavaScript in your browser for a better user experience. 16. (Cal. Since Student was able to walk through campus, sit at his desk and attend classes, District believed he did not require physical therapy. District filed a due process complaint on March 23, 2016, naming Student. Further, Student exhibited difficulties with his gait and postural stability. Like other District witnesses, she could not explain why District chose to provide behavior training to one type of aide and not the other. Ms. Gilmour was licensed to practice physical therapy in California for 32 years. Its time for a new look! 4 0 obj District disagreed with Ms. Gilmours findings of sensory needs in her December 2015 assessment and in the review of the assessment at the March 14, 2016 IEP. District team members reported there were no incidents of physical aggression since the start of the 2015 2016 school year. Downey Unified School District 11627 S. Brookshire Ave Downey, CA 90241 (562) 469-6500 www.dusd.net Adult Education For adults, there is the Downey Adult School, Cerritos College in nearby Norwalk, and more than a half dozen colleges or universities within easy driving distance. 09-12-1095.) Student disagreed with the change in aide service from an instructional aide, who Student worked with for several years, to a behavior aide. Examples of this difficulty included Student struggling to (1) complete tasks in a noisy environment, (2) follow written or demonstrated directions, and (3) organize materials required for classroom use. PACE (LYNN L.) EDUCATION CENTER 9625 Van Ruiten Street, Bellflower, CA 90706 (562) 904-3571 Gr. 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This is the percentage of students who are eligible to receive free or reduced price lunch. <> Pursuant to California Education Code section 56507, subdivision (d), the hearing decision must indicate the extent to which each party has prevailed on each issue heard and decided. The weight of the evidence demonstrated that Student had consistent, ongoing needs in the area of frustration tolerance and coping skills. For each area of identified need, the IEP team must develop measurable goals that are based upon the childs present levels of academic achievement and functional performance, and which the child has a reasonable chance of attaining within a year. 43. Downey Unified School District Student persuasively demonstrated that he had needs in several areas that could be addressed through physical therapy. Parent consented to portions of the October IEP in correspondence dated November 11, 2015, and November 16, 2015. 2006) 464 F.3d 1025, 1034 [student, who was denied a FAPE due to failure to properly implement his IEP, could most benefit by having his teacher appropriately trained to do so].) (Ibid. (i).) 52. Though Student tried very hard to participate, he was concerned that he was always the slowest one in class. A school district is required to use those assessment tools necessary to gather relevant functional and developmental information about the child to assist in determining the content of the childs IEP. 11 [129 S.Ct. 5, 3000 et seq.) Downey Unified School District Sep 2000 - Apr 201413 years 8 months Downey High School At a comprehensive high school, I serve as a resource and facilitator to teachers and school. 2484].) 65. A behavior aide would teach Student coping strategies, such as requesting help verbally, taking a deep breath, and using sensory input. The speech pathologist agreed to incorporate the video modeling strategy. Student performed in the average range relative to same age peers. W81.o-_2,u_7Lw9'. When a school district seeks to demonstrate that it offered a FAPE, the legal analysis consists of two parts. Regs., tit. stream After six months of such implementation, Student seeks a re-evaluation of progress towards goals. (562) 692-0921, Created By Granicus - Connecting People and Government. 6.) Vice President Salomon Saldana . We seek to build a staff that brings a variety of perspectives and backgrounds to our work. v. San Ramon Valley Unified Sch. 38. 1414(d)(1)(A)(ii); 34 C.F.R. 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. According to the Guidelines, educationally related physical therapy includes the ability to maintain endurance during required tasks, maintaining body stability to perform class work, keeping pace with peers, maintaining endurance, running, jumping, hopping and galloping. Also, e.g., Student v. Reed Union School Dist. Serves as a liaison with community groups to foster effective communication and understanding of school and District programs. Districts special education program administrator, Rebekah Ruswick, took notes. H. Responsible for the preparation and monitoring of school site budgets, including allocation of Special Education resources, as appropriate. Building and Construction Trades. The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child. We are very sorry for any inconvenience this may have caused. (Park v. Anaheim Union High School Dist. (a); Irving Independent School Dist. 1 0 obj Los Angeles. California 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. Ms. Sopp credibly demonstrated that Student made progress in speech with the frequency and duration of services specified in the June 2015 IEP. In developing the IEP, the IEP team must consider the strengths of the child, the concerns of the parents for enhancing the childs education, the result of the most recent evaluation of the child, and the academic, developmental, and functional needs of the child. Student disagreed with the use of a behavior aide and preferred that District provide behavior training to his instructional aide, consistent with Dr. Morriss recommendations. Physical therapy involves physical or corrective rehabilitation or treatment. Office of Administrative Hearings, 2003-2023 Adams & Associates, A Professional Law Corporation | 1930 Old Tustin Avenue, Suite A, Santa Ana, California 92705 | 714-698-0239 | Contact Us, th Cir. (Rowley, supra, 458 U.S. at pp. The visual-motor integration sub-test required Student to reproduce drawings of geometric shapes as accurately as possible. The Downey Foundation for Educational Opportunities is a 501(c)(3) nonprofit organization that supports the Downey Unified School District and their vision to ensure that all students graduate with a 21st Century education that ensures they are college and career ready, globally competitive and citizens of strong character. (Enter less keywords for more results. Student frequently complained of getting tired during testing, in physical education class, and took several rest breaks. Did District deny Student a free appropriate public education by failing to include (a) motor goals, and (b) physical therapy services in Students individualized education program dated March 14, 2016? Student also demonstrated needs in sensory processing deficits related to movement processing. 30. She did not recall whether the need for physical therapy was even specifically addressed at the meeting. 1401(29); 34 C.F.R. (h) & (i). Dr. The school district's graduation rate of 95% has decreased from 96% over five school years. Code Regs., tit. Code. She held a master of physical therapy and a bachelor of science in physiological sciences. Staff reported that Student relied heavily on the aide to finish tasks, which allowed him to bypass opportunities to work through a difficult activity and apply coping skills. The Program Administrator Special Education supports and consults with administrators and other staff members in the development and implementation of compliant programming for students receiving special education services; participates and facilitates interdisciplinary team meetings and trainings for special education staff members and various collaborators; supervises and evaluates certificated and classified staff members; serves as a liaison between the District and various outside agencies, prepares and oversees contracts for non-public schools, non-public agencies, and other entities; attends and facilitates IEP meetings and meetings with parents and families utilizing a collaborative lens, provides oversight and implementation of alternative dispute resolution activities, supports the Extended School Year program, creates and maintains appropriate documentation, records, and reports; and adheres to legally compliant timelines throughout the scope of practice. Why Every High School Student Should Apply for Financial Aid. Address. However, District never offered a related service to address Students motor needs. The IEPs accurately stated the Students academic and functional performance for services being offered. 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.