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Failure to Provide FAPE; ALJ Orders Compensatory Ed Directed by Parents (CA)

by Wrightslaw

On March 17, 2008, California Administrative Law Judge Lepkowsky issued an OAH Decision in Student v. Redlands Unified School District [OAH Case No(s). N2006100159 & N2007031009].

The ALJ held that the District’s failure to provide appropriate behavioral interventions for three consecutive school years resulted in a denial of FAPE and entitled the child to substantial compensatory education and other services.

 1. 25-hours per week of direct, 1:1, in-home ABA services for one year to be provided by parents’ chosen ABA service provider.

2. 430-hours of after-school, academic tutoring over 2-years to be provided by a B.C.E.T. or a credentialed teacher, trained in autism and behavioral interventions.  Student’s parents were given authority to direct the focus of the academic tutoring on a weekly basis.

3. 390 hours of Lindamood-Bell reading remediation.

4. A “functional analysis assessment” in accordance with Section 3052 of Title 5 of the California Code of Regulations to be conducted by a qualified independent assessor.

Steven Wyner, Esq., of Wyner & Tiffany, represented the Student and his parents.

You can download the case from the Office of Administrative Hearing web site:

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23 Comments on "Failure to Provide FAPE; ALJ Orders Compensatory Ed Directed by Parents (CA)"

Sharon L.

Madia – I am assuming that your child is in special ed and on an IEP. If so you need to reconvene a meeting and make sure they are following it. If there are goals that are not in there you need to put them in there. If you have a physician or psychologist that you are working with they can help you put together the goals you need. Also you can join a group like LDA Learning Disabilities Association and they can help provide information. YOu can read the Wright’s books on this subject. Learn as much as you can. Education is the best weapon to deal with the school’s not helping your child.


My child is not recieving the help that he needs in school, his teachers are not offering after school programs and he has been diagnosed with special needs, I am wracking my brain trying to figure out what I can do to make sure my child succeeds. As of right now he is failing because of the lack of help from the teachers…please help!!


I have a 5 year old autistic son. Our IEP is 9/18/09. We feel that the school is not providing FAPE for our son due to the lack of social skills time with typical peers. The class for autistic children currently has 12 -14 kids, 1 teacher and 3 aids. The mainstream opps. are library, computer class and recess (aides are there but do not implement play with typical peers). At our IEP last May, we requested more “inclusion” time but the IEP team said they couldn’t recommend it now as they didn’t know who the K teachers were going to be and how “accepting” they would be to have our son in their class. All they legally have to do is “allow him into the class, they don’t have to pay special attn. to him or make sure he’s keeping up”. Aid ratio is 2 to 1 and they can’t promise the aid will “be any good”. Is school resp. for private inclu?