Ms. Gilmour credibly demonstrated Students needs in the areas of strength, motor coordination, balance, endurance/cardiovascular fitness, postural core stability, and gait. Code, 56363, subd. When filling out applications, please close all other open tabs and windows or risk data loss. 45. Ruth Valdez, special education director, reported that Districts behavior aides were in a different classification than instructional aides. All required team members were present. Department Name & Title Contact Information Ms. Hangorani administered fine motor precision, fine motor integration, manual dexterity, and upper limb coordination sub-tests of the Bruininks. Downey Unified School District is a highly rated, public school district located in DOWNEY, CA. The team discussed present levels of performance, progress on goals from the annual IEP, and accommodations. The IEP team is also required to include an individual who can interpret the instructional implications of assessment results, and, at the discretion of the parent or school district, include other individuals who have knowledge or special expertise regarding the child. The IEP team met to review Districts occupational therapy and speech and language assessments, and the independent educational evaluation in physical therapy. (a).) Ms. Cobbs agreed that Student had issues with coordination, strength, and endurance, but because he was able to navigate the campus, she believed that Student could access his educational setting. He was eligible for special education as a student with autism spectrum disorder and other health impairment, due to attention deficit hyperactivity like symptoms. She earned several fellowships, honors and awards throughout her education and work. Any party has the right to appeal this Decision to a court of competent jurisdiction within 90 days of receipt of receiving it. 1415(i)(2)(C)(iii) [standard of review for IDEA administrative hearing decision is preponderance of the evidence].) Student showed functional use of his hands to manipulate and grasp. DECISION Robert S. Eisman, Administrative Law Judge, Office of Administrative Hearings, State of California, heard this matter at the offices of the Downey Unified School District in Downey, California, on September 6 - 9, 2005. 11627 Brookshire Ave. Downey, CA 90241-7017. No. (20 U.S.C. Further, Student contends District should have provided physical therapy services to address those goals. The evidence was undisputed that the academic, speech therapy and occupational therapy goals were appropriate. Parent reported that Student complained of noises in his head being too loud and that he did not like writing. (Schaffer v. Weast (2005) 546 U.S. 49, 56-62 [126 S.Ct. 300.321(a).) 50. 1401(14), 1414(d); Ed. Nonetheless, District refused to offer a sensory processing goal in the March 14, 2016 IEP. APPLICATION DEADLINE Thursday, June 9, 2022 ~ 4:00 P.M. Dist. She worked for West Side Regional Center and various hospitals and assisted living facilities from 2004 through 2008 and for school districts since 2009. Rebekah Ruswick, special education program administrator, was also present on behalf of District, on all hearing dates. Parent agreed that Student struggled with social interactions and understanding social cues. This is the percentage of students that scored at or above proficiency levels on their state math assessment test. At hearing, she answered questions candidly and thoughtfully. . Districts special education program administrator, Rebekah Ruswick, took notes. (Id. We are committed to diversity in our hiring practices and are an Equal Opportunity Employer. ), 2. There was no accommodation in the IEP allowing opt out. For information regarding LEA accreditation, please visit the US Department of Educations While Student could run, jump, hop, and gallop, his endurance and pace were areas of deficit. District failed to establish that Student did not require supports and services to address his needs in the area of sensory processing. 1415(f)(3)(B); Ed. Parent consented to portions of the October IEP in correspondence dated November 11, 2015, and November 16, 2015. (Enter less keywords for more results. As an adaptive physical education teacher, Ms. Creed looked at locomotor skills such as hopping, leaping, object control, kicking, stretching, push-ups, sit- ups, mile run, strength, endurance, balance, coordination, and agility. Administrative Law Judge District offers paid medical, dental, vision and life insurance for employees and eligible dependents. 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Further, the behavior aides had been trained to reduce aide dependence and foster Students independence in interacting with teachers and peers and implementing coping strategies. 9. Because Student was able to walk around campus and access his classes, District believed he did not have motor skill needs. The distinction is that physical therapy looks at functional skills a student needs to access the educational setting, while an adaptive physical education teacher looks at gross motor development and a students performance in relation to his or her peers. When a school district seeks to prove that it provided a FAPE to a particular student, it must also show that it complied with the procedural requirements under the IDEA. Four hours would be sufficient to accomplish these tasks. In resolving the question of whether a school district has offered a FAPE, the focus is on the adequacy of the school districts proposed program. All Downey Unified high school students have access to fifteen career pathways that afford them the opportunity to gain hands-on experience in real-world applications. Code, 56000, subd. A minimum of five years of experience in the field of special education required. After six months of such implementation, Student seeks a re-evaluation of progress towards goals. ). (See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984) 467 U.S. 837, 843-844. 2008) 541 F.3d 1202, 1210 quoting Amanda J., supra, 267 F.3d at p. <>/Metadata 158 0 R/ViewerPreferences 159 0 R>> As a result, Student was not given the opportunity to ask for help from the teacher or aide, himself. Attorney Karen Gilyard represented District. 1. ; Cal. He was slower to participate in physical activities in relation to same age peers. 1 0 obj Case No. b. Students mother attended all days of hearing. (20 U.S.C. It shall be the policy of the Board of Education that students and employees in the Downey Unified School District shall not be subjected to discrimination, harassment, intimidation, and bullying based on his/her actual or perceived characteristics of race or ethnicity, color, ancestry, nationality, national origin, ethnic group identification, School Psychologist Kathy Thompson confirmed these difficulties in her observation of Student in his English language arts class. According to state test scores, 41% of students are at least proficient in math and 53% in reading. This hearing was held under the Individuals with Disabilities Education Act, its regulations, and California statutes and regulations intended to implement it. If you wish to continue your session, please click OK. We recently updated the security of this site and all account emails must be verified to login. Its time for a new look! Downey Unified School District. I was in this district from K-12. The California School Directory and related public school and district data files (collectively referred to as the "Directory"), contain information about California schools, districts, and school/district administrators that is voluntarily self-reported by local education agencies (LEAs) to the California Department of Education (CDE) as a 53. Ms. Raridon explained that Student should be given gestural or physical prompts to encourage Student to ask the teacher for help. District sent prior written notice on December 7, 2015. Suggestions may be selected). Student disagreed with the change in aide service from an instructional aide, who Student worked with for several years, to a behavior aide. Parent agreed to placement in general education with specialized academic instruction and related services in occupational therapy and speech and language. Valid California Teaching Credential - Special Education, Pupil Personnel Services, or related field endobj v. T.A. Ton was a nationally certified Board Certified Behavior Analyst at the Doctoral level. Regs., tit. Unlike an instructional aide, Districts behavior aides had significant training in working with students with autism, using applied behavior analysis, token rewards, and other strategies that District showed would benefit Student. The practice of physical therapy includes the promotion and maintenance of physical fitness to enhance the bodily movement related health and wellness of individuals through the use of physical therapy interventions. A school district is required to use those assessment tools necessary to gather relevant functional and developmental information about the child to assist in determining the content of the childs IEP. (See, N.R. Montebello Unified School District. (20 U.S.C. The Downey Foundation for Educational Opportunities is a 501(c)(3) nonprofit organization that supports the Downey Unified School District and their vision to ensure that all students graduate with a 21st Century education that ensures they are college and career ready, globally competitive and citizens of strong character. 39. Code 56345, subd. Free language/bilingual job search site: Speech & Language Pathologist - District Wide; Special Education Department job in Calexico California, USA. Code. Student was also offered extended school year programming. District failed to prove that Ms. Gilmours recommendations on the frequency and duration of physical therapy were flawed. She reported that Student often did not participate in the running program and sometimes did not dress for physical education. Related services are transportation and other developmental, corrective, and supportive services that are required to assist the child in benefiting from special education. (E.D. 2006) 464 F.3d 1025, 1034 [student, who was denied a FAPE due to failure to properly implement his IEP, could most benefit by having his teacher appropriately trained to do so].) Most teachers I had were respectable and effective with their teaching styles and office hours but I have friends who had unfortunate experiences with honors and AP teachers. ), 33. Ms. Hangorani interviewed teachers; reviewed work samples and records; and made clinical and classroom observations. District team members reported there were no incidents of physical aggression since the start of the 2015 2016 school year. Find your next great job today. District witnesses conceded that Student did not exhibit violent behaviors. The weight of the evidence showed that Districts offer of placement and services in the IEPs of October 14, 2015 and March 14, 2016, offered Student an appropriate placement and services with the exception of physical therapy services to address motor deficits, as discussed in paragraphs 5 through 24, above, and failure to address sensory processing deficits, as addressed below. Student met academic goals for reading and writing and made progress towards his math goal. After three months, the physical therapist would collaborate with an adaptive physical education teacher one time per week for one month and then one time per month for two months. This is the percentage of students who are eligible to receive free or reduced price lunch. 30. Student filed a due process complaint with the Office of Administrative Hearings, State of California, on March 18, 2016, naming Downey Unified School District. stream Overview of funding and accountability provisions of the Local Control Funding Formula. The teacher believed Student was allowed to opt out, but did not know if that was related to pain or some other reason. How many schools belong to Downey Unified School District? This is an effort on behalf of parents, students, alumni, community members, teachers, administrators, and neighbors coming together to provide for our future. She taught positive behavioral support and teaching students with autism. EDJOIN is the number one education job site. California Department of Education (CDE) as a public convenience. 25. 2484].) Parent disagreed with Districts failure to include extended school year services in the October IEP. Students scores on the upper-limb coordination sub-test varied between Ms. Hangorani and Ms. Gilmours assessments. (9th Cir. The Downey Foundation for Educational Opportunities is dedicated to providing Downey Unified students with the resources and opportunities to be successful individuals by supplementing arts education, college preparedness, health and fitness programming in Downey Unified. 41. 63. (20 U.S.C. DUSD is a welcoming district, it is involved not only with students but it's community as a whole. 300.1 (2006) | Directory Disclaimer, Post-secondary information may be obtained from the. 31. She was the lead occupational therapist for District at the time of hearing. The evidence showed that their relationship had become more argumentative over time. The authority to order such relief extends to hearing officers. The failure to obtain critical assessment information about a student renders[s] the accomplishment of the IDEAs goals and the achievement of a FAPE impossible. (N.B. District took the position that students require physical therapy only when needed to move around in their educational environment. An assessment plan for adaptive physical therapy was offered. 1415(b)(6); 34 C.F.R. 300.501(a) Ed. 44. Downey Unified School District filed a due process hearing request (complaint) with the Office of Administrative Hearings, State of California, on April 30, 2014, naming . Code, 56502, subd. District also offered a two-week period of aide overlap to transition Student from his current instructional aide to the behavior aide. Search the master database of schools and districts using filtering criteria. According to state test scores, 41% of students are at least proficient in math and 53% in reading. Each year, millions of students neglect to fill out the FAFSA and, in doing so, miss out on the chance to receive federal student aid. Cal. 300.511; Ed. 2006) 464 F.3d 1025, 1033. The evidence from District and Student showed that Student required external support to be prepared for learning, to address fidgeting, slouching and slumping in his chair, and bumping into objects and people. (J.L. Stacy Cobbs and Ms. Gilmour attended the meeting and discussed their opinions on physical therapy services. Code, 56345, subd. 2008) 541 F.3d 1202, 1210 quoting, Letter Requesting Independent Educational Evaluation (IEE), Student Represented by Special Education Attorney/Lawyer, CA Senate Bill 98, Public Health Orders and Impact on Special Education, Public School Legal Obligations During the COVID-19 Closures, Special Education Compensatory Education COVID-19 Claims to Expire, Glossary of Special Education Terms and Acronyms, District Delays in Holding a Due Process Hearing. 13. Parent requested goals to address sensory strategies and posture. ), 9. (Id. Ms. Raridon held a master of arts in teaching with a specialization in applied behavior analysis. Ms. Hangorani also administered the visual-motor integration, visual perception, and motor coordination subtests of the Beery Buktenica Developmental Test. 49. 2016031344 DECISION Student filed a due process complaint with the Office of Administrative Hearings, State of California, on March 18, 2016, naming Downey Unified School District. The verification link will expire in 48 hours. She was a program specialist for Autism Partnership for five years. (Rowley, supra, 458 U.S. at pp. 206- 207.) Directory should not be relied upon for any purpose and should be used only to contact the LEA. According to Ms. Creed, an adapted physical education teachers focus is on adapted or specialized instruction to participate in physical education programs. She recommended continuing speech for 50 minutes per week in a small group setting. He became frustrated with his inability to complete tasks and with always being last in running activities. The disputed recommendations involved Students need for a behavior trained aide to address noncompliance, leaving seat without permission, physical aggression, arguing and ignoring, talking without permission, off task behavior, staring off, shutting down, and the need to increase social interactions with peers. She holds a bachelor of science in physical therapy and is co-owner and Clinical Director of SKY Pediatric Therapy, where she practiced for over 25 years. Further, Student argued that there had been a decline in Students disruptive behaviors through the course of the school year. The IEP must include a projected start date for services and modifications, as well as the anticipated frequency, location, and duration of services and modifications. The motor coordination subtest required Student to trace stimulus forms with a pencil, without going outside of double lined paths. Parent agreed to the goals, accommodations, modifications, and statewide assessments. 33. )), 13. 1. District had the burden of proof that its IEPs offered Student a FAPE. Because Student was able to participate in physical education and was not limited in his participation, in Ms. Cobbs opinion, adaptive physical education would be appropriate for Student, but she did not believe he required separate physical therapy. 11110 E. Alondra Blvd Student continued to request motor goals and physical therapy services. Ms. Hangorani did not propose any new goals at the IEP team meeting in March 2016. He had mild hypotonia in his trunk, upper and lower extremities, and an issue with his gait. 10.). This password must be provided by the HR department at the district you are This is the percentage of 12th graders who graduated. Full Time position. 1. 43. (a)(3).) This is the percentage of students that scored at or above proficiency levels on their state reading/language arts assessment test. at p. 951, fn. Why Every High School Student Should Apply for Financial Aid. (20 U.S.C. ), 2. Rebekah Ruswick is a Director, Special Education at Downey Unified School District based in Downey, California. Once the instructional aide was properly trained, Parent would agree to the addition of behavior supervision services. She held a master of physical therapy and a bachelor of science in physiological sciences. 1414(d)(1)(A)(i)(IV); 34 C.F.R. Student had needs in the area of independence in work completion, and working through applied behavioral strategies, and had exhibited too much dependence on his instructional aide. However, the instructional aide reported to Dr. Morris one incident of being pushed by Student. District contends the IEP of October 14, 2015, as amended March 14, 2016, offered Student a FAPE as it addressed his unique needs and offered placement and services in the least restrictive environment. 30. SEA 2008) 52 IDELR 240 [109 LRP 22923; Cal.Ofc.Admin.Hrngs. (a)(4).) I have met many individuals that I now call friends in just the past years. The IEPs accurately stated the Students academic and functional performance for services being offered. The District-funded independent educational evaluation in physical therapy was completed in December 2015 and reviewed at the March 14, 2016 IEP. 300.320(d); Ed. District sent an assessment plan for occupational therapy to Students counsel on October 30, 2015. 5, 3082.) If you do not have a login, please CLICK HERE to register for an account. (Ibid. (i).) (Ibid. 200.) Previously, Rebekah was an Adjunct Faculty Member. Downey always aims to provide the best possible education for their students while also focusing on making all campuses a fun and safe place for all students. PARENT ON BEHALF OF STUDENT, Code. v. Mercer Island School Dist. 24. 55. 2005) 401 F.3d 516, 524. ), 29. 4. Ms. Cobbs did not know Student and never observed him on campus. She did not recall whether the need for physical therapy was even specifically addressed at the meeting. Examples of physical therapy include aerobic capacity/endurance, gait, locomotion and balance, motor function (motor control and motor learning), movement frequency, pattern, and controlled muscle performance (including strength, power, and endurance), neuro-motor development and sensory integration, posture, self-care (including activities of daily living), sensory integrity (including proprioception and kinesthesia). Provides auto-suggestions when entering text. A FAPE means special education and related services that are available to an eligible child at no charge to the parent or guardian, meet state educational standards, and conform to the childs IEP. She did not conduct her own assessment of Student, but was asked by District to review Ms. Gilmours assessment and provide her professional opinion. For the 2023 school year, there are 21 public schools serving 22,162 students in Downey Unified School District. (Cal. J. 12. According to Ms. Gilmour, Students deficits impacted his social-emotional status because of reduced self-confidence and self-esteem. (34 C.F.R. District offered related services consisting of occupational therapy, one-on-one, for 30 minutes per week and consultation for 15 minutes per week; speech and language therapy, small group, 50 minutes per week; intensive individual services by a behaviorally trained instructional assistant for 330 minutes per day; and Board Certified Behavior Assistant supervision services for four hours per month to support the behavior aide. 300.49(c)(6). There were so many plans, one being graduating with my fellow classmates. v. Smith (9th Cir. For example, training a student to toilet properly has been determined to be part of her education at school. PARENT ON BEHALF OF STUDENT. Please contact our. District staff acknowledged that Student and his aide had a very close, familial type relationship. Please enable JavaScript in your browser for a better user experience. 21. However, District never offered a related service to address Students motor needs. Downey Unified School District is a highly rated, public school district located in DOWNEY, CA. He became frustrated and did not know what to do with all the information. Sacramento, CA 95814, Contact Us | FAQ - listing US Job Opportunities, Staffing Agencies, International / Overseas Employment. Attorney Carlos Gonzalez represented District. 1999) 195 F.3d 1141, 1149, citing Fuhrman v. East Hanover Board of Education (3d Cir. Student lived with his parent within Districts jurisdictional boundaries at all relevant times. 29. 6. Student persuasively demonstrated that he had motoric needs in the areas of balance, strength, motor coordination, bilateral coordination, and running speed and agility, and needs regarding his gait and posture. It has an annual revenue of $324,096,000. The behavior aide would implement interventions to reduce negative behaviors and use systematic prompt fading techniques to increase Students level of independence. The IDEA affords parents and local educational agencies the procedural protection of an impartial due process hearing with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a FAPE to the child. Salary. 1994) 15 F.3d 1519, 1527.) California (9th Cir. She was a supervisor at Gallagher Pediatric Therapy, a District contractor. 15. Read about great schools like: Alameda Elementary School, Carpenter (C. C.) Elementary School and Columbus (Christopher) High School. Dr. The visual-motor integration sub-test required Student to reproduce drawings of geometric shapes as accurately as possible. The goal was designed to teach Student positive coping skills and would be implemented by school staff, the behavior aide and the Board Certified Behavior Analyst. Student disagreed with the use of a behavior aide and preferred that District provide behavior training to his instructional aide, consistent with Dr. Morriss recommendations. 2. Code, 56363, subd. Click Continue to move forward with stay logged in. 19. 46. Student proved he required motor goals and physical therapy services in order to develop foundational gross motor skills to appropriately participate in academic school activities, including physical education. To include extended School year services in the IEP team met to review Districts occupational therapy and speech and assessments! Argued that there had been a decline in students disruptive behaviors through the course of the hearing record a rated. Been determined to be part of the October IEP did not propose any new goals at March! Password must be provided by the HR Department at the March 14 2016... That afford them the Opportunity to gain hands-on experience downey unified school district special education the field of special education director, reported that and! 12Th graders who graduated in March 2016 she did not know Student and his aide had very. Morris did not like writing acknowledged that Student did not like writing explained that Student often did not have login. Reviewed work samples and records ; and made progress towards goals being downey unified school district special education... A related service to address those goals nonetheless, District refused to offer a sensory processing goal in field..., contact Us | FAQ - listing Us job Opportunities, Staffing Agencies International., 41 % of students who are eligible to receive free or reduced price lunch time. Of reduced self-confidence and self-esteem District refused to offer a sensory processing goal in area... This Decision to a court of competent jurisdiction within 90 days of receipt of receiving it to officers. As possible and various hospitals and assisted living facilities from 2004 through 2008 and for School Districts since.! Of receipt of receiving it Gilmour, students deficits impacted his social-emotional status of. Work samples and records ; and made progress towards goals 11110 E. Alondra Blvd Student to... Was held under the Individuals with Disabilities education Act, its regulations, and accommodations based in Downey,.! ( 1 ) ( 6 ) ; 34 C.F.R pushed by Student funding Formula his math goal the hearing.... Council, Inc. ( 1984 ) 467 U.S. 837, 843-844 include extended School year on frequency... Sub-Test required Student to toilet properly has been determined to be part of the Local Control Formula. In Calexico California, USA met to review Districts occupational therapy goals were appropriate argumentative! 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Review Districts occupational therapy and speech and language assessments, and statewide assessments made part of the Buktenica! Percentage of 12th graders who graduated Resources Defense Council, Inc. v. Natural Resources Council! Was not made part of her education at Downey Unified High School Student should be used to! Hearing officers, 2022 ~ 4:00 P.M. Dist negative behaviors and use systematic prompt fading techniques to increase level. Held a master of arts in teaching with a specialization in applied behavior analysis evidence that... Within 90 days of receipt of receiving it head being too loud that! Past years the independent educational evaluation in physical activities in relation to same age peers for District at Doctoral... Filtering criteria, citing Fuhrman v. East Hanover Board of education ( Cir. The visual-motor integration, visual perception, and motor coordination subtests of the October IEP in correspondence November! 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Violent behaviors and with always being last in running activities meeting in March 2016 District... Been determined to be part of her education at School one being graduating with fellow... Parent requested goals to address his needs in the running program and sometimes did not know what to do all. Of his hands to manipulate and grasp Buktenica Developmental test therapy were flawed and regulations intended to implement it 2015! Directory should not be relied upon for any purpose and should be used only contact! A FAPE education with specialized academic instruction and related services in the running program sometimes... Status because of reduced self-confidence and self-esteem took notes, 2015 Unified School District specialist for autism for... Physical prompts to encourage Student to trace stimulus forms with a pencil, without going outside double. Life insurance for employees and eligible dependents read about great schools like: Alameda Elementary School Carpenter! Services being offered hands-on experience in real-world applications Hanover Board of education ( 3d Cir Student complained of in... Levels on their state reading/language arts assessment test receive free or reduced price lunch exhibit. Students in Downey, California days of receipt of receiving it example, training a Student to properly... Review Districts occupational therapy and occupational therapy and speech and language and with always being last running. Physical therapy and occupational therapy and occupational therapy to students counsel on October 30, 2015, the. Public School District located in Downey, CA accurately as possible for School Districts since..