LAUSD Failed to Implement Speech Therapy for Student with Tracheostomy, Ordered 800 Minutes of Compensatory Services

What Happened

A 13-year-old student suffered a stroke in December 2001 while attending elementary school, leaving him with severe physical disabilities. He became dependent on a tracheostomy tube to breathe, used a wheelchair and motorized scooter to get around, required daily suctioning and feeding tube management, and needed a medically trained healthcare assistant (HCA) at all times during the school day. Despite these significant medical needs, his cognitive abilities remained intact and he was earning A's, B's, and C's in a general education curriculum at Bret Harte Preparatory Middle School in Los Angeles.

In October 2006, the district held an IEP meeting that offered the student continued general education placement, speech-language therapy both at school and in-home through a non-public agency (NPA), occupational and physical therapy, adapted physical education, assistive technology, and a trained HCA. The parents partially consented to the IEP on November 1, 2006, and hand-delivered the consent form to the school principal the next day. However, the district claimed the consent form was incomplete and did not begin providing the in-home speech therapy until June 2007 — a delay of approximately seven months. The parents also objected to the district's assigned HCA, arguing that the student's mother, who had obtained healthcare certifications and was present in the classroom daily, should be recognized and paid as the student's aide.

What the ALJ Found

The case was decided on four issues. The student won on one; the district won on three.

Issue Where Student Prevailed — Implementation Failure (In-Home Speech Therapy):

1. Parental consent was valid as of November 2, 2006. The father personally delivered a signed, partially completed consent form and a cover letter to the school principal. The ALJ found this was sufficient and effective notice of consent. The district's argument that the form was "incomplete" because parents did not check every box was rejected — the district provided no legal authority for that position and produced no documentary evidence of efforts to clarify with parents.

2. The seven-month delay in providing in-home speech therapy was a material FAPE violation. The October 2006 IEP specifically included 60 minutes per week of in-home speech services through an NPA, in addition to 30 minutes per week of school-based speech therapy. The district did not authorize the in-home services until June 6, 2007. Because the student's speech assessment had identified a significant need — inability to monitor his speaking rate was directly limiting his access to the curriculum — withholding that service for seven months fell significantly short of what the IEP required.

Issues Where District Prevailed:

3. No FAPE denial for suspending in-home speech therapy in 2005–2006. The parents claimed the district wrongfully cut off in-home speech services in May 2006. However, neither the November 2004 nor the May 2005 IEP included in-home speech services. The home-based speech services had only been provided on a temporary basis while the student was convalescing during his transition to middle school. Once he returned to school, no IEP obligated the district to continue them.

4. The October 2006 IEP offered an appropriate FAPE. The IEP addressed the student's unique needs in speech and language, motor skills, health care assistance, and academic accommodations. Goals were appropriate, placement was in the least restrictive environment, and the overall program was reasonably calculated to provide educational benefit.

5. The district provided a qualified HCA. The district hired Maribel Roman specifically for this student. She held an Associate's Degree in Child Development, had two years of experience as a special education assistant, and completed a 72-hour district training course in the student's specific medical protocols including trach suctioning and G-tube management. The school nurse supervised her directly. While the student's mother had obtained nursing certifications, she was not employed by the district, had not contracted as a non-public agency, and had not met the state certification criteria required for district-funded HCA services. The ALJ also noted there is no legal authority permitting an order requiring a district to hire and pay a parent to perform HCA services.

What Was Ordered

1. 800 minutes of compensatory in-home speech-language therapy must be provided by NPA provider Andrea Trow, Speech and Language Pathologist.
2. Services must begin within 30 days of the date of the order (August 2, 2007).
3. Services are to be delivered at a rate of 60 minutes per week during both the regular school year and the extended school year calendar until the 800 minutes are exhausted.
4. All other relief requested by the parents — including recognition of the mother as the student's paid HCA — was denied.

Why This Matters for Parents

1. Partial consent still triggers implementation obligations. If you sign an IEP but only agree to some services, the district must immediately begin providing those services — it cannot wait for you to resolve your disagreements about the rest. Document your partial consent clearly and keep proof of delivery (date, name of person who received it, signature if possible).

2. A seven-month delay in a key service can be a FAPE violation even if some services continued. The district was providing school-based speech therapy the whole time, but the ALJ still found the failure to deliver in-home speech therapy was "material" because it fell significantly short of what the IEP promised. Services that are explicitly written into the IEP cannot simply be withheld.

3. Keep copies of everything you hand-deliver to the school. The father in this case was believed because he testified credibly about delivering the consent form directly to the principal. The district could not produce any letters it claimed to have sent asking for clarification. A paper trail — even just a photo of the signed receipt — is critical evidence.

4. Districts are not required to hire or pay parents as service providers, even if the parent is more qualified. This is a hard legal barrier. If you want to serve officially as your child's aide or therapist at school, the path is to apply for district employment or contract as a certified non-public agency — not to insist through due process. That said, you may still be able to advocate informally for your presence in the classroom.

5. Compensatory education for missed services does not have to be awarded hour-for-hour. Courts and ALJs have discretion to award a portion of missed time based on what is equitable. Here, the student received 800 minutes (roughly half of what he missed) because he was still getting school-based speech therapy during the delay. If your child is receiving no services at all, you may be entitled to a larger compensatory award.