Decisions
Residential Treatment Center Reimbursement Case Totaling Over $130,000
Parents initially contacted our office after they privately placed their child in a residential treatment center (RTC). Prior to the RTC placement student was struggling with depression, anxiety, and a mood disorder. Prior to student’s RTC placement, she had displayed extensive struggles in the district’s program. However, the district had failed to evaluate her for special education and she had never been provided an IEP. Parents contacted our office to obtain an IEP for student. Our office filed a due process case against the district and negotiated a settlement for over $130,000 in reimbursement to parents for student’s RTC placement. Student is now qualified for an IEP and is receiving special education supports and services, attending a district program.
Halted Expulsion Proceedings and Obtained Private School Reimbursement Totaling Over $70,000
Parents contacted our office after student was recommended for expulsion. Although student had never been provided an IEP by the school district, he clearly should have been, due to a diagnosis of Attention Deficit Hyperactivity Disorder that was negatively impacting his education. After filing an expedited due process complaint against the district, our office was able to negotiate with the district to drop the expulsion proceedings, expunge student’s records and reimburse the family for private school tuition and services totaling over $70,000.
Private School Reimbursement Case Totaling Over $100,000
Parents contacted our office after their son failed to make progress for several years in a public school program. Although Student was qualified for an IEP due to struggles related to Attention Deficit Hyperactivity Disorder, he failed to meet most goals year after year. In addition to extremely poor academic progress and plummeting state testing scores, he also displayed aggressive behavior and deficient social skills. After our office provided unilateral notice of the private school placement by parents, we filed a due process case against the public school. Our office successfully resolved the case in a settlement, where the family received reimbursement for most of their out-of-pocket expenses for the private school placement totaling over $100,000.
Nonpublic School (NPS) Placement Case
Parents contacted our office after their daughter struggled to make progress within the district’s program for several years. Student was diagnosed with Autism, was primarily nonverbal and engaged in extreme self-injurious behaviors, physical aggression, and non-compliance. Our office filed a due process case against the district and obtained nonpublic school (NPS) placement for student, along with full day one-to-one aide support, occupational therapy, speech and language, augmentative alternative communication (AAC) supports and services, a behavior intervention plan and behavior intervention services. Student has remained at the NPS and is thriving.
One-To-One Aide Support, Independent Educational Evaluations & Compensatory Education
Parents contacted our office regarding their son who was diagnosed with Autism & Attention Deficit Hyperactivity Disorder. Although he had an IEP, he had failed to meet most goals for years, his academic test scores were declining, and he was engaging in aggressive behavior. Our office filed a due process case against the district. We were able to successfully negotiate a settlement that provided student with a full day one-to-one aide, increased speech/language (SL) and occupational therapy (OT) services, additional accommodations, compensatory education in academic tutoring, LS and OT along with three independent educational evaluations (IEEs) in psychoeducation, SL and OT.
Residential Treatment Center Reimbursement Case Totaling Over $150,000
We successfully represented a 13-year-old student at a Due Process Hearing to obtain an appropriate Residential Treatment Center (RTC) educational placement. The been previously diagnosed with Bipolar Disorder, Oppositional Defiant Disorder, Attention Deficit Hyperactivity Disorder, Reactive Attachment Disorder, Traumatic Brain Injury and Post Traumatic Stress Disorder. Unfortunately, this student had experienced a significant personal history as she was the victim of physical, sexual and emotional abuse at the hands of her biological family as well as subsequent foster families, which caused significant aggressive behaviors at school and home. After being at the hospital 12 full days, she was discharged, and a recommendation was made that she immediately attend an RTC placement. As the school district disagreed with funding the placement, our office prevailed at an 8-day hearing with a Judge’s order indicating that the school district was responsible for funding the RTC placement.
Reimbursement of Private School Placement Case
We represented a transgender female special education student who unfortunately endured years of bullying, discrimination, harassment, and abuse at the hands of several individuals at school, including but not limited to peers, teachers, administrators, and other parents. Because the school district simply ignored these incidents, the family felt as though there was nowhere to turn. Although the issues of bullying, harassment, and denial of an appropriate public education were vigorously contested by the school district, a settlement was reached where the school district agreed to fund a private school placement in a smaller, more nurturing academic environment where the student thrived; free from any bullying or harassment.
Nonpublic School (NPS) Placement Case
We successfully represented a 7-year-old student at a Due Process hearing to obtain an appropriate Non-Public School (NPS) educational placement. The student was born prematurely with severe health issues, including but not limited to respiratory distress syndrome, intraventricular hemorrhage, retinopathy of prematurity and necrotizing enterocolitis, and a seizure disorder. The student had global developmental delays which impacted all areas of education, including but not limited to explosive maladaptive behaviors at school. In response, student was bounced around to various inappropriate programs by the school district. Through expert testimony we were able to prove that the public-school staff did not have the proper training to educate this student. As a result, the judge ordered the school district to place Student at a specialized NPS.
Halted Expulsion Proceedings – Student returned to School of Residence
We successfully represented a 16-year-old male student with Autism who had been referred for expulsion due aggressive behaviors. Historically, the student had demonstrated extreme difficulties with behavior, socialization and academics since Kindergarten. Even though the school district was fully aware of these needs, they failed to address them appropriately in the student’s IEP. A Manifestation Determination meeting was held where the school district inappropriately concluded that the reported behavior was not a manifestation of any disabling condition. Through expert testimony, however, we were able to prove that the school district failed to consider all of his disabilities and their resulting manifested behaviors As a result, the school district was ordered to halt the expulsion and reinstate the student at his school of residence with the proper support.
Halted Inappropriate Placement into a Continuation School
We represented a 14-year-old student diagnosed with Attention Deficit Hyperactivity Disorder, Generalized Anxiety Disorder, and Major Depressive Disorder where the school district inappropriately attempted to place him at an alternative continuation school with students who are at risk of not graduating from high school, which was an inappropriate setting for this student. Student’s mother was misled into attending an informal meeting where district administrators inappropriately tried to coerce her into accepting the continuation school. Student’s mother consequently felt bullied, completely belittled and humiliated, and under duress by the school district. After filing a Due Process Complaint, we were able to reach a settlement where student was reinstated at his school of residence with proper educational support.
- Student vs. Garden Grove Unified School District
- Student vs. Los Angeles County Office of Education
- Student vs. Coachella Valley Unified School District
- Student vs. OCDE, NMUSD and CDE
- Student vs. Shandon
- Student vs. Val Verde Unified
The attorneys at Augustin Egelsee, LLP are committed to providing legal advice to our clients and consider every child’s case to be unique. Special education law is complex; you may have many more questions that have not been addressed here. Please contact Augustin Egelsee, LLP online or call .