34. The IEP team is also required to include an individual who can interpret the instructional implications of assessment results, and, at the discretion of the parent or school district, include other individuals who have knowledge or special expertise regarding the child. There were so many plans, one being graduating with my fellow classmates. Physical therapy means services provided by a qualified physical therapist. 57. Parent disagreed with Districts failure to include extended school year services in the October IEP. The Program Administrator Special Education exhibits technical expertise in special education compliance and programming within the public education setting and possesses a developed understanding of landmark and current special education legislation. Special Education Law, Advocacy Resources, Hearing & Appeal Decisions, Statistics and More for Parents, Tags: ALJ - Cole Dalton, Attention Deficit Disorder - ADD, Autism/Autistic-Like Behaviors (ASD), Classroom Aide, Downey Unified School District, Los Angeles County, Physical Therapy - PT, Sensory Needs, Southern California, Split Decision, Student Represented by Special Education Attorney/Lawyer, Training for District Staff Ordered, BEFORE THE If a parent refuses services in an IEP that was consented to in the past, or the school district determines that the refused services are required to provide a FAPE, the school district shall file a request for a due process hearing. (E.D. (34 C.F.R. An assessment plan for adaptive physical therapy was offered. Student was offered extended school year services and a new occupational therapy goal was developed to address sensory processing and modulation through working on postural stability while seated, at his desk. Downey Unified School District. District shall maintain a sign-in sheet reflecting all staff in attendance for the training. Parent agreed with Dr. Morriss finding that Student had sensory needs. District offered a Senior Instructional Assistant Behavioral Challenges for 1,782 minutes per week, and Board Certified Behavior Analyst supervision for 240 minutes per month. District contends the IEP of October 14, 2015, as amended March 14, 2016, offered Student a FAPE as it addressed his unique needs and offered placement and services in the least restrictive environment. 49. Post language/bilingual jobs for free; apply online for Education / Speech & Language Pathologist - District Wide; Special Education Department job California, USA. Stacy Cobbs and Ms. Gilmour attended the meeting and discussed their opinions on physical therapy services. Teachers reported that Student frequently fidgeted with objects, slouched in his chair, and bumped into people and objects. 38. 39. Code, 56500.4.) The weight of the evidence showed that the transition period would lessen Students frustration and anxiety. The main purposes of the IDEA are: (1) to ensure that all children with disabilities have available to them a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living, and (2) to ensure that the rights of children with disabilities and their parents are protected. For a school districts offer of special education services to a disabled pupil to constitute a FAPE under the IDEA, the districts offer of educational services and/or placement must be designed to meet the students unique needs, comport with the students IEP, and be reasonably calculated to provide the student with some educational benefit in the least restrictive environment. The school district's graduation rate of 95% has decreased from 96% over five school years. The verification link will expire in 48 hours. 300.320.) However, Ms. Hangorani provided no description of what the course involved or specific movements required of Student in order to successfully complete the course. Overview of funding and accountability provisions of the Local Control Funding Formula. School Type Address/Phone/Principal Enrollment; Elementary Schools: ALAMEDA ELEMENTARY SCHOOL 8613 Alameda St., Downey 90242 . Code, 56363, subd. He would attempt avoidance and sometimes demand that his aide do the work for him. ; Ed. Code, 56363, subd. The IEP shall show a direct relationship between the present levels of performance, the goals and objectives, and the specific educational services to be provided. Going Through a Divorce? 8. The speech pathologist agreed to incorporate the video modeling strategy. v. Hellgate Elementary School Dist. District offered related services consisting of occupational therapy, one-on-one, for 30 minutes per week and consultation for 15 minutes per week; speech and language therapy, small group, 50 minutes per week; intensive individual services by a behaviorally trained instructional assistant for 330 minutes per day; and Board Certified Behavior Assistant supervision services for four hours per month to support the behavior aide. Downey Adult School 12340 Woodruff Ave Downey, CA 90241 (562) 940-6200 300.1 (2006) Rebekah Ruswick, special education program administrator, was also present on behalf of District, on all hearing dates. It has 22,216 students in grades K-12 with a student-teacher ratio of 25 to 1. She did not recall whether any team members disagreed with Students need for physical therapy. 21. 40. The school district spending/student has grown by 26% over four school years. Full Time position. The team discussed present levels of performance, progress on goals from the annual IEP, and accommodations. (Forest Grove School Dist. Valid California Teaching Credential - Special Education, Pupil Personnel Services, or related field
Services shall be provided by either a District or non-public agency physical therapist and adaptive physical education teacher, at Districts discretion. 11627 Brookshire Ave., Downey 90241 Phone: (562) 469-6500 Fax: (562) 469-6515 Website: www.dusd.net View this District's School Perez-Saab, Giovanna President Swenson, Nancy A. Further, the behavior aides had been trained to reduce aide dependence and foster Students independence in interacting with teachers and peers and implementing coping strategies. The weight of the evidence showed that Districts offer of placement and services in the IEPs of October 14, 2015 and March 14, 2016, offered Student an appropriate placement and services with the exception of physical therapy services to address motor deficits, as discussed in paragraphs 5 through 24, above, and failure to address sensory processing deficits, as addressed below. Serves as a liaison with community groups to foster effective communication and understanding of school and District programs. She held national and state board certifications in speech language pathology. (20 U.S.C. 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. 19. 30. Lexis 9135; Slama ex rel. The CDE makes no
Under the Guidelines, a students motor needs in the areas of gait, aerobic capacity/endurance, motor control and coordination, balance, strength, sensory-integration, and posture, could be appropriately addressed by a licensed physical therapist. Student had made progress toward each of his goals. 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. Code, 56345, subd. 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. Both the behavior assistant and behavior analyst, because of their education and background, would have extensive training in applied behavior analysis strategies including reinforcement systems, data collection, use of systematic prompts, and prompt fading to encourage independence. What is Downey Unified School District's spending/student ratio? 300.320(a)(7); Ed. Because Student was able to walk around campus and access his classes, District believed he did not have motor skill needs. Ms. Hangorani recognized sensory needs consistent with those identified by Ms. Gilmour, in her assessment of January and February of 2015. District witnesses opined that the amount of time Student would spend in physical therapy would take away from his work in the core curriculum. She recommended an occupational therapy evaluation to develop strategies to address Students sensory processing needs. . 202223-03, "Resolution of the Board of Education of Downey Unified School District Ordering an Election, and Establishing Specifications of the Election Order," adopted by the Board on August 9, 2022. District did not provide any reason why the physical therapy could not be provided during physical education or elective classes. Student had worked with his instructional aide for the past five years and developed a close relationship with her. The October 14, 2015, and March 14, 2016 IEPs met the procedural requirements of the IDEA. 1401(29); 34 C.F.R. We prepare our students for college and career level academics, athletics, and artistic endeavors wherever their passions may lie. Dr. 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. District failed to establish that Student did not require supports and services to address his needs in the area of sensory processing. Dr. v. Tatro (1984) 468 U.S. 883, 891 [104 S.Ct. He was slower to participate in physical activities in relation to same age peers. 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. v 2007) 47 IDELR 216.). Downey Unified ( School Profiles) County. For security reasons, we do not recommend using the Keep me logged in option on public devices. Students can choose from the folllowing: Arts, Media, and Entertainment. 1 0 obj
Administrative Law Judge Cole Dalton, Office of Administrative Hearings, State of California, heard this consolidated matter in Downey, California, on May 24, 25, and 26, 2016. Hold an IEP team meeting to (i) draft goals consistent with Ms. Gilmours December 2015 assessment, in the areas of endurance, cardiovascular fitness, balance, strength, motor coordination, bilateral coordination, running speed and agility, gait and core stability; and (ii) offer physical therapy related services for three-60 minute sessions per week of direct services, for three months; followed by physical therapy collaboration with an adapted physical education teacher for 60 minutes, one time per week for one month; and reducing to one hour per month for the following two months (months five and six); (iii) offer adaptive physical education services three times per week for 60 minutes each, for three months after the completion of the three months of direct physical therapy specified in (1)(a)(ii); and (iv) hold an IEP team meeting after six months of services to determine Students progress and the continuation of either physical therapy of adaptive physical education to address Students needs. You can submit updates directly to the LEA CDS Coordinator
Regs., tit. District met its burden of We are committed to diversity in our hiring practices and are an Equal Opportunity Employer. Ms. Gilmour was licensed to practice physical therapy in California for 32 years. 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. (Cal. (a)(2).) 45. 1414(d)(1)(A)(i)(VII); 34 C.F.R. Salary. I have attended Downey schools my whole life and am astonished by how professionally the administration handles all complaints. Interview dates will be determined at a later date. At hearing, she answered questions candidly and thoughtfully. 27. She was a program specialist for Autism Partnership for five years. Student showed functional use of his hands to manipulate and grasp. The complaint alleged (J.L. 28. 18. 44. 4 0 obj
The baseline for the goal accurately reflected what staff reported. Valid California Drivers License. Ms. Raridon explained that Student should be given gestural or physical prompts to encourage Student to ask the teacher for help. 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. (Id. 2005) 401 F.3d 516, 524. (Ibid.) A dynamic system that provides reports about Californias schools and school districts. (Rowley, supra, 458 U.S. at pp. Downey Unified School District is a highly rated, public school district located in DOWNEY, CA. The decisions you make for your child's education today affect their success tomorrow even at this very young age. If you wish to continue your session, please click OK. We recently updated the security of this site and all account emails must be verified to login. 29. According to Ms. Gilmour, Students deficits impacted his social-emotional status because of reduced self-confidence and self-esteem. 6. Attention:
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(See Gregory K. v. Longview School Dist. Shiksha Hingorani conducted Districts occupational therapy assessment of Student in January and February of 2016. <>/Metadata 158 0 R/ViewerPreferences 159 0 R>>
41. 65. Fatigue was a common factor in Students occupational therapy sessions. Ton credibly described reports from teachers and the instructional aide of Students difficulty coping throughout the school day, an incident where he pushed his instructional aide, and instances of shut down and withdrawal. 7. the Directory does not contain information for every LEA and the information that is in the Directory may be outdated
In Board of Education of the Hendrick Hudson Central School District v. Rowley (1982) 458 U.S. 176, 201 [102 S.Ct. Ms. Gilmour conducted a thorough independent educational evaluation of Student to address physical therapy needs. District incorporated accommodations recommended by Dr. Morris into Students IEP. When a school district seeks to demonstrate that it offered a FAPE, the legal analysis consists of two parts. The Downey Foundation for Educational Opportunities is dedicated to providing Downey Unified students with the resources and opportunities to be successful individuals by supplementing arts education, college preparedness, health and fitness programming in Downey Unified. (a).) 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. Since Student was able to walk through campus, sit at his desk and attend classes, District believed he did not require physical therapy. Slama v. Indep. The California School Directory and related public school and district data files (collectively referred to as the "Directory"), contain information about California schools, districts, and school/district administrators that is voluntarily self-reported by local education agencies (LEAs) to the California Department of Education (CDE) as a She taught positive behavioral support and teaching students with autism. ), 2. Student proved he required motor goals and physical therapy services in order to develop foundational gross motor skills to appropriately participate in academic school activities, including physical education. First, the tribunal must determine whether the district has complied with the procedures set forth in the IDEA. 4. Sch. Student continued to request motor goals and physical therapy services. The IDEA affords parents and local educational agencies the procedural protection of an impartial due process hearing with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a FAPE to the child. Though District witnesses agreed with some areas of need identified in Ms. Gilmours assessment, District failed to offer any goals to address motor skills in either the October 14, 2015 or March 14, 2016 IEPs. 7. (213) 241-6701, Fax (213) 241--8915 Tolj, Marco - SELPA Director LAUSD SELPA Local Plan Mid-Cities SELPA The Board of Education also requires that school personnel take immediate steps to intervene when it is safe to do so and when he or she witnesses an act of discrimination, harassment, intimidation or bullying. Student also demonstrated needs in sensory processing deficits related to movement processing. 2484].) Garcia., Ph.D. Jr., Superintendent. Ms. Sopp worked with Student in a small group setting to address difficulties picking up on social cues, turn taking in conversations, and rate of speech. Ms. Gilmour credibly demonstrated Students needs in the areas of strength, motor coordination, balance, endurance/cardiovascular fitness, postural core stability, and gait. 1987) 811 F.2d 1307, 1314.) View Full Report Card. 41. Second, the tribunal must decide whether the IEP developed through those procedures was designed to meet the childs unique needs, and reasonably calculated to enable the child to receive educational benefit. 1994) 31 F.3d 1489, 1496.) Further, Students program would need to be established by a physical therapist in order to create a program plan that would be safe and effective training with heart rate and respiratory monitoring rate, because Student had asthma. Ready for the Real World with Downey Unified, School Accountability Report Cards (SARC), Education, Child Development, & Family Services. 300.321(a).) (a)(3).) Dr. At Downey Unified, our goal is simple. Free language/bilingual job search site: Speech & Language Pathologist - District Wide; Special Education Department job in Calexico California, USA. Attorney Karen Gilyard represented District. v. San Ramon Valley Unified Sch. Student lived with his parent within Districts jurisdictional boundaries at all relevant times. Subject to limited exceptions, a request for a due process hearing must be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request. Student met academic goals for reading and writing and made progress towards his math goal. 1401(26)(A); Ed. for this entity by clicking here:
51. Parent participated in the IEP team meetings with advocates and provided input, which resulted in changes to the IEPs. District witnesses admitted that Student had difficulty running, maintaining posture, and flopped his feet when walking. Finally, District was not required to train or promote Students instructional aide. 11110 E. Alondra Blvd
Although sometimes described in Ninth Circuit cases as educational benefit, some educational benefit, or meaningful educational benefit, all of these phrases mean the Rowley standard, which should be applied to determine whether an individual child was provided a FAPE. 19. 58. Because the March IEP failed to offer related services and goals in physical therapy, District failed to offer Student a FAPE in the March IEP. Students can choose from the folllowing: Click on your school below to visit the website. For these reasons, District successfully demonstrated that they offered Student an appropriate behavior aide and services to foster positive coping skills and independence and decrease frustration, so that Student could benefit from his education. at pp. 3. 1414(d)(1)(A)(i)(III); Ed. Important Note: This password is NOT your EDJOIN password. Under the general direction of the Director of Special Education, the Program Administrator Special Education is a passionate, innovative, and inclusive educational leader who demonstrates the capacity to build meaningful relationships with district level leadership, site administrators, certificated and classified staff members, and parents and families on behalf of students with Individualized Education Programs (IEPs). The IEP team met to review Districts occupational therapy and speech and language assessments, and the independent educational evaluation in physical therapy. 46. 5. Rebekah Ruswick is a Director, Special Education at Downey Unified School District based in Downey, California. 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. Parent reported being called three times by school staff due to Student behaviors. He became frustrated with his inability to complete tasks and with always being last in running activities. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
1414(d)(1)(A); 34 C.F.R. 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. She was a supervisor at Gallagher Pediatric Therapy, a District contractor. District team members reported there were no incidents of physical aggression since the start of the 2015 2016 school year. 16. 37. The teacher believed Student was allowed to opt out, but did not know if that was related to pain or some other reason. Largest student body (number of students) (Top 1%). d. Provide in service training to special education administrators, occupational therapists, physical therapists and adaptive physical education teachers regarding the California Department of Educations Guidelines for Occupational Therapy and Physical Therapy in California Public Schools, Second Edition (2012), for a minimum of four hours. Code, 56505, subd. Skilled in. District offered specialized academic instruction for 100 minutes per day, consisting of resource specialist program inclusion for math, and push-in for English language arts, four times per week. Student requests implementation of Ms. Gilmours recommendations for physical therapy in the amount of three-60 minute sessions per week of direct services, for three months, followed by physical therapy collaboration with an adapted physical education teacher for 60 minutes, one time per week for one month and adaptive physical education services three times per week for 60 minutes each, for another three months. 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