Compton USD Failed to Implement IEP After Transfer, But Compensatory Ed Already Provided

What Happened

Student was a 13-year-old eighth grader with a specific learning disability and auditory processing disorder, functioning academically at roughly a fourth-grade level. He had been receiving a Resource Specialist Program (RSP) class through his previous district, ABC Unified, when his family moved into Compton Unified's boundaries in April 2005. Shortly after enrolling, the RSP teacher took a leave of absence and was never replaced — leaving Student without any special education services for the final three months of the school year. Compton also failed to conduct the legally required 30-day IEP review after Student's transfer and never held an annual IEP review before summer.

Parent filed a compliance complaint with the California Department of Education, which found the district out of compliance on all issues and ordered corrective action. The district then convened an IEP meeting in August 2005, conducted a comprehensive psycho-educational assessment in September 2005, and placed Student in a Special Day Class (SDC). The district also acknowledged the missed services and agreed to provide 50 hours of compensatory one-on-one Lindamood-Bell reading tutoring. Parent, still dissatisfied, filed for due process in December 2005, arguing the district failed to assess for occupational therapy, wrote inadequate IEP goals, failed to provide all requested school records, and that only a nonpublic school (NPS) placement could provide an appropriate education.

What the District Did Wrong

The ALJ found that Compton Unified committed three clear violations that denied Student a FAPE during the 2004–2005 school year:

1. Failure to implement the transferred IEP. When Student enrolled from ABC Unified, he came with an active IEP requiring RSP services. When the RSP teacher left, no replacement was provided. Student went without any special education services for the last three months of the school year — a direct violation of his right to have his IEP implemented.

2. Failure to conduct a 30-day transfer review. California law requires a new district to review and, if necessary, develop a new IEP within 30 days of a student's transfer. Compton never did this.

3. Failure to hold an annual IEP. Even setting aside the transfer requirement, the district was obligated to hold an annual IEP review. It did not.

The ALJ also found that the district failed to assess Student for occupational therapy after Parent made a written request at the October 2005 IEP meeting, and that the district never fully provided Student's educational records despite multiple written requests from his attorney. However, these violations did not rise to the level of a FAPE denial because Student could not show they caused a loss of educational opportunity or prevented Parent from meaningfully participating in the IEP process.

Student's remaining claims — that the district failed to assess for other suspected disabilities, that the IEP goals were inadequate, and that NPS placement was required — were all denied. The ALJ found the district's assessment was comprehensive, that the IEP goals were appropriately targeted to Student's actual functioning level, and that Student had been earning As and Bs in his SDC class before Parent withdrew him from school.

What Was Ordered

1. Student's request for additional compensatory education was denied. The district had already agreed before the hearing to provide 50 hours of Lindamood-Bell tutoring as compensation for the missed RSP services, and Student was still receiving that tutoring at the time of the decision.

Why This Matters for Parents

1. When your child transfers districts, the new district must act within 30 days. California law is clear: a new district must review the existing IEP and, if needed, develop a new one within 30 days of enrollment. If this doesn't happen, you can file a compliance complaint with the California Department of Education or request a due process hearing. Don't wait months hoping the district will catch up.

2. A district cannot simply stop providing services because a teacher is absent. The district's obligation to implement an IEP is not paused when a teacher goes on leave. If your child's services stop for any reason, contact the district immediately in writing and demand a replacement. Document every day services are missed.

3. Pre-hearing settlements count against compensatory education claims. The district's decision to offer 50 hours of tutoring before the hearing effectively resolved the compensatory education issue. If you accept services as compensation before a hearing, understand that those agreements may limit what an ALJ can order later.

4. IEP goals are judged against a student's current level, not grade level. The ALJ rejected the argument that IEP goals were inappropriate simply because they were below grade level. If a student is functioning at a fourth-grade level, goals targeting fourth-grade skills are legally appropriate. The district is not required to get a student to grade level in a single year — it is required to provide meaningful educational benefit and forward progress.