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DUE PROCESS DECISIONS


DISCLAIMER
This information is not legal advice or meant to give any guidance to your own particular circumstances. This information is provided for reference and teaching purposes only. Please do not apply these summaries to your legal concerns or challenges.

STUDENT v. ATASCADERO UNIFIED SCHOOL DISTRICT

Student’s behavior at the incident was planned. He responded throughout the incident, knew difference between preferred and un-preferred staff and understood the situation clearly. Hence, his conduct had no direct or substantial relationship with his disabilities.

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STUDENT v. SAN DIEGUITO UNION HIGH SCHOOL DISTRICT

Inappropriate NPS was suggested by case manager, who neither had sufficient knowledge about case history nor did he consider the disagreement of IEP team members and parents. Hence, Parent’s unilateral placement of Student at an NPS was appropriate and reasonable.

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STUDENT v. SAN DIEGUITO UNION HIGH SCHOOL DISTRICT

A disabled student younger than age 16 is not required to have post-secondary goals and transition services unless the IEP team determines this is necessary. An appropriate behavior monitoring system requires students to rate their own behavior, receive feedback from the teacher, and earn a reward for demonstrating appropriate behaviors. Any monitoring system that does not perform these functions, is not an appropriate behavior monitoring system.

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STUDENT v. LOS ANGELES UNIFIED SCHOOL DISTRICT

School used appropriate psychoeducational assessments for student but failed in its child find obligation despite being aware that grades of a highly gifted pupil are lowering continuously. However, being weak in one subject does not make student eligible for special education.

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STUDENT v. SACRAMENTO CITY UNIFIED SCHOOL DISTRICT

Student’s violent behavior caused such a substantial risk of injury to student or others that school may remove Student to an interim alternative educational setting for not more than 45 school days, without Parent’s consent

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