County Ed Agency Cut Off Speech Therapy After Parent Withdrew Student from Class

A young adult with severe disabilities attended a San Joaquin County Office of Education special day class until her mother withdrew her in January 2007 amid complaints about a classroom aide. The county education agency then quietly ordered its speech-language pathologist to stop communicating with the family, effectively ending the student's speech therapy. The ALJ found this violated the student's right to a free, appropriate public education and ordered 18 hours of compensatory speech-language services. Claims about the classroom aide's behavior and occupational therapy were denied.

What Happened

The student was a young woman with serious disabilities — including seizures and complex medical needs — who attended a special day class for severely disabled young adults at a San Joaquin County Office of Education (SJCOE) school. Her mother became concerned about a classroom aide named Ms. Castro, alleging inappropriate physical contact, interference with the student's one-to-one aide, and breach of a confidential daily behavior report system. In mid-January 2007, after a tense IEP meeting, the mother withdrew her daughter from school and stated she would keep her out pending a "full investigation." At that same January 2007 IEP meeting, the team — including the speech-language pathologist — agreed to continue providing speech-language (SL) services off-campus, with the mother providing transportation.

What happened next is where the SJCOE crossed the line. After one successful off-campus SL session, the SJCOE's administrators told the speech-language pathologist, Cynthia Downs, not to speak with the mother. When the mother called to schedule more sessions, Ms. Downs told her she was "no longer allowed" to talk with her. The result: the student received almost no speech therapy for approximately nine months. The ALJ found this conduct unreasonable — particularly because the mother had clearly demonstrated her willingness to bring her daughter to whatever location was needed — and awarded compensatory speech-language services at more than a one-to-one ratio given the severity of the student's disabilities.

What the ALJ Found

The case had multiple claims. Here is how the ALJ ruled on each:

Claim 1 — Classroom aide misconduct (DENIED): The ALJ found that the mother's allegations against Ms. Castro were not proven. The evidence showed that the student herself initiated hugs and back rubs, and Ms. Castro redirected her. The ALJ found the mother's key supporting witnesses — the classroom teacher and the one-to-one aide — lacked credibility because of their close personal friendship with the mother, their financial ties to the family through respite care work, and inconsistencies between their testimony and the letters they had written at the mother's request. The student was shown to be making educational progress during this period, which contradicted the claim that the classroom was chaotic and harmful.

Claim 2 — Occupational therapy sessions not provided (DENIED): The IEP addendum from April 2006 called for three 50-minute OT consultation sessions. The ALJ found all three sessions were in fact provided — in May, June, and September 2006. The delay in the third session was attributed to the student's own surgeries over the summer, not SJCOE's failure. The ALJ also found SJCOE appropriately reviewed the OT services at subsequent IEP meetings.

Claim 3 — Speech-language services cut off after school withdrawal (GRANTED): After the January 2007 IEP meeting, the SJCOE's administrators directed the speech-language pathologist not to communicate with the mother. This effectively ended all speech therapy for the student. The ALJ found this violated the student's IEP, which guaranteed two 30-minute SL sessions per month, and constituted a denial of FAPE. The mother's cooperation and willingness to transport the student made the SJCOE's decision even harder to justify.

Claim against Ripon Unified School District (DENIED): The mother argued that the student's home district, Ripon Unified, failed to investigate and remedy SJCOE's failures. The ALJ found no legal obligation for a district to conduct such an investigation, and found that Ripon USD had in fact responded to the mother's calls, contacted SJCOE, and attended the January 2007 IEP meeting. There was no evidence Ripon USD knew about or approved of SJCOE's order silencing the speech-language pathologist.

What Was Ordered

SJCOE must provide 18 hours of compensatory speech-language services to the student within nine months of the date of the decision (by approximately August 2008).
The compensatory award was set at double the approximately nine hours of missed sessions, reflecting the severity of the student's disabilities and the unreasonableness of SJCOE's conduct.
All other requests for relief — including orders related to the classroom aide, occupational therapy, and claims against the district — were denied.

Why This Matters for Parents

Agencies cannot silence service providers to avoid their obligations. When SJCOE told the speech-language pathologist not to talk to the mother, it did not escape its duty to provide services — it created liability for compensatory education. If your child's therapist or service provider suddenly becomes unreachable, document it immediately and consider filing a complaint.
Your willingness to cooperate matters and is on the record. The ALJ specifically noted that the mother was willing to transport her daughter to any setting for speech therapy. That cooperation made SJCOE's refusal look worse and supported a larger compensatory award. Always communicate your flexibility in writing so it becomes part of the record.
A verbal IEP team agreement to continue services is enforceable. Even though the student had been pulled from school, the IEP team's verbal agreement at the January 2007 meeting to continue SL services off-campus was treated as a binding commitment. If your team makes an agreement at a meeting, ask for it to be reflected in the meeting notes.
Credibility of witnesses matters enormously. The ALJ rejected key witness testimony in this case because the witnesses had personal and financial relationships with the mother, had written advocacy letters at her request, and gave inconsistent accounts. When building your case, think carefully about who your witnesses are and whether their objectivity could be questioned.
Compensatory education can exceed a one-for-one makeup. When a student has severe disabilities and the agency's conduct was unreasonable, an ALJ can order more hours of makeup services than were actually missed. Here, approximately 9 hours of missed therapy became an 18-hour compensatory award. Severity of disability and agency wrongdoing both factor into the size of the remedy.

What Happened

What the ALJ Found

The case had multiple claims. Here is how the ALJ ruled on each:

What Was Ordered

SJCOE must provide 18 hours of compensatory speech-language services to the student within nine months of the date of the decision (by approximately August 2008).
The compensatory award was set at double the approximately nine hours of missed sessions, reflecting the severity of the student's disabilities and the unreasonableness of SJCOE's conduct.
All other requests for relief — including orders related to the classroom aide, occupational therapy, and claims against the district — were denied.

Why This Matters for Parents

Agencies cannot silence service providers to avoid their obligations. When SJCOE told the speech-language pathologist not to talk to the mother, it did not escape its duty to provide services — it created liability for compensatory education. If your child's therapist or service provider suddenly becomes unreachable, document it immediately and consider filing a complaint.
Your willingness to cooperate matters and is on the record. The ALJ specifically noted that the mother was willing to transport her daughter to any setting for speech therapy. That cooperation made SJCOE's refusal look worse and supported a larger compensatory award. Always communicate your flexibility in writing so it becomes part of the record.
A verbal IEP team agreement to continue services is enforceable. Even though the student had been pulled from school, the IEP team's verbal agreement at the January 2007 meeting to continue SL services off-campus was treated as a binding commitment. If your team makes an agreement at a meeting, ask for it to be reflected in the meeting notes.
Credibility of witnesses matters enormously. The ALJ rejected key witness testimony in this case because the witnesses had personal and financial relationships with the mother, had written advocacy letters at her request, and gave inconsistent accounts. When building your case, think carefully about who your witnesses are and whether their objectivity could be questioned.
Compensatory education can exceed a one-for-one makeup. When a student has severe disabilities and the agency's conduct was unreasonable, an ALJ can order more hours of makeup services than were actually missed. Here, approximately 9 hours of missed therapy became an 18-hour compensatory award. Severity of disability and agency wrongdoing both factor into the size of the remedy.