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STUDENT v. SAN JUAN UNIFIED SCHOOL DISTRICT

CASE NO. 2022080864

Student v. SAN JUAN UNIFIED SCHOOL DISTRICT

Counsel for Student: Lynda Williams

Counsel for School: Dee Anna Hassanpour

Representative for School: Robert Morgan

ALJ: Rommel P. Cruz

Date of Decision: December 15, 2022

Significant areas of law: In case strategies and supports provided by school, based on informal observation and data collection, successfully regulate student’s behavioral problems, it is not mandatory to conduct a functional behavior assessment.

ISSUES:

  • Did school deny student a FAPE by failing to conduct a functional behavior assessment?

FACTS OF THE CASE:

  • Student was 5 years old and was eligible for special education and related services under the category of autism.

CONCLUSION:-

  • School DID NOT deny student a FAPE by failing to conduct a functional behavior assessment.

Rationale:-

– School adequately identified the functions of Student’s problem behaviors without the need for a functional behavior assessment. School’s behaviorist collected data and identified the functions of Student’s problem behaviors including:

  • Student became dysregulated when the classroom got too loud for Student, when he wanted something that other children had, or during certain competitive activities.
  • Student eloped, hit, pull, and push other students, or ran around the classroom when dysregulated.

– Strategies and supports provided by school regulated student’s emotions effectively as his aggression was a daily occurrence at the start of the school year but improved during the school year. Because of school’s behavior interventions, the severity and frequency of Student’s aggression and elopement declined.

– Student did not exhibit problem behaviors that warranted a functional behavior assessment prior to the start of the school year, and School’s informal observations and data collection during school year were effective in developing strategies and supports to address Student’s behavioral needs. Furthermore, parents did not request a functional behavior assessment during the relevant period.

REMEDIES/ORDER:-

  • None.

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