District Must Provide More Intensive Speech Therapy for Preschooler with Severe Phonological Disorder

A preschool-aged boy with a severe phonological disorder and expressive language delays was found to have been denied a free and appropriate public education because Monrovia Unified School District's speech assessments were incomplete and its IEPs offered insufficient therapy. The ALJ found the district's speech pathologist failed to administer a key articulation test and overlooked the student's tongue surgery, leading to a flawed recommendation of just 30 minutes of group therapy twice a week. The district was ordered to pay $780 in reimbursement and provide 63 hours of compensatory individual speech therapy. The district prevailed on the separate question of preschool placement.

What Happened

Student was a four-year-old boy who became eligible for special education through Monrovia Unified School District on his third birthday under the category of speech and language impairment. Before enrolling with the district, he had been receiving 45-minute individual speech therapy sessions twice a week through the Regional Center, which had identified significant delays in receptive and expressive language. Student had also undergone a lingual frenectomy (tongue-tie surgery) that affected his tongue strength, coordination, and articulation. Despite this history, when the district assessed Student in October 2006, its speech pathologist recommended only two 30-minute group therapy sessions per week — a significant reduction from what Student had been receiving.

Parents raised concerns at every IEP meeting, requesting more intensive and individualized services. They ultimately hired an independent speech and language pathologist, who found that Student had the most severe phonological disorder she had seen in her 10-year career. Parents filed for due process in November 2007, seeking a preschool placement, more intensive speech therapy, reimbursement for the private evaluation and private therapy sessions, and compensatory education for the services the district had failed to provide.

What the ALJ Found

On the preschool placement claim, the district prevailed. The ALJ found that because Student's cognitive abilities, social skills, and academic development were all age-appropriate, he did not require a special education preschool classroom. The district's two special education preschool classes were designed for students with cognitive impairments, and Student did not fit that profile. Importantly, districts are not legally required to operate or fund general education preschool programs, and Student's needs were in speech and language only — not in academics or social-emotional development requiring a classroom-based special education placement.

On the speech and language services claim, Student prevailed. The ALJ found that the district's speech pathologist conducted flawed assessments across the board. She failed to administer the Goldman-Fristoe Test of Articulation (GFTA) — a standard test for measuring how a child produces sounds — at either the October 2006 or May 2007 assessments, even though the independent evaluator successfully administered it in July 2007. The district's pathologist also performed only a cursory oral examination and failed to discover Student's recent tongue surgery, which directly affected his articulation needs. She also did not review prior Regional Center reports or observe Student in his preschool setting. These failures led to an IEP that dramatically underestimated how much therapy Student needed. Every IEP from October 2006 through October 2007 — four separate IEPs — failed to offer sufficient services. The independent evaluator's recommendation of two 60-minute individual sessions per week was found to be more credible and appropriate.

What Was Ordered

The district must reimburse Parents $300 for the cost of the independent speech and language evaluation conducted by the private evaluator.
The district must reimburse Parents $480 for private speech therapy services obtained in September 2007.
The district must provide 63 hours of compensatory individual speech and language therapy (19 hours for the 2006–2007 school year and 44 hours for the 2007–2008 school year), to be delivered by a district therapist and completed by Student's October 2009 annual IEP.
The request for a preschool placement was denied.

Why This Matters for Parents

An incomplete speech assessment can undermine your child's entire IEP. This case shows that if the evaluator skips key standardized tests — like the GFTA for articulation — or fails to perform a thorough oral examination, the resulting IEP will likely offer too little therapy. Parents should ask specifically which tests were administered and why any standard tests were omitted.
Always share your child's full medical history with the school evaluator, and follow up in writing. There was a dispute about whether the parent had told the district's evaluator about the tongue surgery. To protect yourself, send an email before or after the assessment listing any relevant diagnoses, surgeries, or medical providers — so there is a written record.
Prior service levels from the Regional Center or other providers are relevant evidence. The ALJ found it significant that the district's offer of 30-minute group sessions was far less intensive than the Regional Center's prior recommendation of 45-minute individual sessions. If your child previously received a higher level of services, bring documentation of that to the IEP meeting and ask the team to explain any reduction.
Parents cannot choose who provides compensatory services, but they can hold the district accountable for delivering them. The ALJ ordered compensatory therapy to be provided by a district therapist — not the private evaluator the parents preferred. However, the district was still required to deliver 63 hours of make-up services with a specific deadline. If your child is owed compensatory education, ask for a clear timeline in the order or IEP.
A mixed outcome is still a meaningful win. Even though the preschool placement claim was denied, Parents recovered $780 in reimbursement and secured 63 hours of additional individual therapy. Pursuing due process on a well-documented speech services claim can result in real, concrete remedies even when not every issue is decided in the parent's favor.

What Happened

What the ALJ Found

What Was Ordered

The district must reimburse Parents $300 for the cost of the independent speech and language evaluation conducted by the private evaluator.
The district must reimburse Parents $480 for private speech therapy services obtained in September 2007.
The district must provide 63 hours of compensatory individual speech and language therapy (19 hours for the 2006–2007 school year and 44 hours for the 2007–2008 school year), to be delivered by a district therapist and completed by Student's October 2009 annual IEP.
The request for a preschool placement was denied.

Why This Matters for Parents

An incomplete speech assessment can undermine your child's entire IEP. This case shows that if the evaluator skips key standardized tests — like the GFTA for articulation — or fails to perform a thorough oral examination, the resulting IEP will likely offer too little therapy. Parents should ask specifically which tests were administered and why any standard tests were omitted.
Always share your child's full medical history with the school evaluator, and follow up in writing. There was a dispute about whether the parent had told the district's evaluator about the tongue surgery. To protect yourself, send an email before or after the assessment listing any relevant diagnoses, surgeries, or medical providers — so there is a written record.
Prior service levels from the Regional Center or other providers are relevant evidence. The ALJ found it significant that the district's offer of 30-minute group sessions was far less intensive than the Regional Center's prior recommendation of 45-minute individual sessions. If your child previously received a higher level of services, bring documentation of that to the IEP meeting and ask the team to explain any reduction.
Parents cannot choose who provides compensatory services, but they can hold the district accountable for delivering them. The ALJ ordered compensatory therapy to be provided by a district therapist — not the private evaluator the parents preferred. However, the district was still required to deliver 63 hours of make-up services with a specific deadline. If your child is owed compensatory education, ask for a clear timeline in the order or IEP.
A mixed outcome is still a meaningful win. Even though the preschool placement claim was denied, Parents recovered $780 in reimbursement and secured 63 hours of additional individual therapy. Pursuing due process on a well-documented speech services claim can result in real, concrete remedies even when not every issue is decided in the parent's favor.