CASE NO. 2022080223
STUDENT v. SACRAMENTO CITY UNIFIED SCHOOL DISTRICT
Counsel for Student: Mother
Counsel for School District: Kaitlyn M. Tucker and Jennifer N. Baldassari
Representative for School: Geovanni Linares (Director)
ALJ: Paul H. Kamoroff
Date of Decision: September 22, 2022
- Does maintaining Student’s current placement may cause such a substantial risk of injury to Student or others that district may remove Student to an interim alternative educational setting for not more than 45 school days without Parent’s consent?
FACTS OF THE CASE:
- School social worker and psychologist informed Vice Principal that student was viewing and searching inappropriate (violent) content on his school computer during class.
- The school counselor contacted the mother and offered counseling services to student. However, she claimed that he was already taking private counseling which was untrue.
- School social worker and psychologist kept meeting the student for his welfare and came to know that student has very violent thoughts for his classmates. The student also had a violent encounter with English teacher.
- Student’s started threatening and bullying minority students, on the basis of their sexual orientation specially females belonging to LGBTQ community. This made his classmates afraid of him.
- The student also misbehaved, threatened and used offensive and sexually explicit words for teachers as well as vice principal which terrorized them as well.
- The student’s private therapist also informed the district that student intended to rape and murder his classmate. Hence, the district involved Police Department’s Mental Health Unit.
- In an IEP meeting it was concluded that student is eligible for special education and related services under the categories of specific learning disability and other health impairment.
- In the hearing it was noted that both student and his mother had prejudice against members of LGBTQ community as both of them blamed the said community for all issues. Mother also termed student’s violent encounters as pranks.
- School psychologist opined that student required placement at a small, therapeutic, nonpublic school which has a lower adult-to-student ratio and recommended a suitable school for this purpose.
- Maintaining Student’s current placement CAUSES such a substantial risk of injury to others that school may remove Student to an interim alternative educational setting for not more than 45 school days, without Parent’s consent.
– The student’s violent and inappropriate behavior was evident from volumes of behavior logs and reports, victim and witness statements, and police reports submitted by district.
– The above logs were also supported by testimonies of school social worker, psychologist, teacher, vice principal, and police officers.
– School psychologist is educated, experienced and has credibly opined that full implementation of Student’s IEP, even with an individual aid and behavior services shall not eliminate the risk of injury for other students and school staff.
- – Within 15 days of the decision, school may remove Student from his current placement and place him in the recommended or similar nonpublic school, as an interim alternative educational setting.
- – The interim alternative educational setting shall last a maximum of 45 school days, after that student may return to his placement at current school unless otherwise ordered or agreed to by the parties.