District Wins Most Issues But Must Amend 30-Day Placement Offer to Sixth Grade

A parent filed for due process against Brea Olinda Unified School District after the District offered an eighth-grade interim placement for her son, who had been attending a private school in sixth grade. The ALJ found the District prevailed on most issues, including the statute of limitations and procedural claims, but ordered the District to amend its 30-day interim placement offer to reflect sixth grade — Student's actual last educational placement — along with omitted aide and speech-language services.

What Happened

Student is a 14-year-old boy who had been receiving special education services from Brea Olinda Unified School District under the category of Other Health Impaired since he was nearly three years old. His last fully agreed-upon IEP, dated April 2004, placed him in a general education classroom with Resource Specialist Program (RSP) support, a one-on-one aide for half the school day, occupational therapy, and adaptive physical education. In 2005, Parent became frustrated with the District's refusal to retain Student in fifth grade and its delays in completing assessments. She withdrew Student from the District and unilaterally enrolled him in Eastside Christian School, where he attended fourth, fifth, and then sixth grade over the next three years — two grade levels behind his chronological age peers.

In early 2008, Parent contacted the District about re-enrolling Student, who was then completing sixth grade at the private school. The District treated the situation like a transfer from another district and convened a meeting to make a 30-day interim placement offer. Rather than placing Student in sixth grade — the grade he was actually completing — the District offered an eighth-grade placement, reasoning that this matched Student's age and what grade he would have reached had he stayed in District schools. Parent rejected this offer and filed for due process. She raised claims about events in 2005 (which she argued should be exempt from the two-year statute of limitations) as well as the adequacy of the 2008 interim placement offer.

What the ALJ Found

The ALJ dismissed Parent's 2005-era claims as time-barred. Although Parent argued the District should be held responsible for not clearly explaining to her how detailed a district's written notice must be — which she claimed prevented her from filing a due process complaint sooner — the ALJ rejected this. Parent is a credentialed general education teacher with a master's degree, had received copies of her procedural rights at least 12 times, had consulted a special education attorney in 2005, and had even cited Education Code provisions to the District during IEP meetings. The ALJ found no evidence the District withheld information that prevented Parent from filing within the two-year deadline. All claims from 2005 were therefore dismissed.

On the 2008 claims, the ALJ found the District's 30-day offer was made within a reasonable timeframe and that the District adequately consulted with Parent before making the offer — so no FAPE violation occurred on those grounds. However, the ALJ found that the District's interim placement offer was substantively flawed in two ways. First, the offer was for eighth grade, but Student had never completed seventh or eighth grade coursework; his actual last educational placement was sixth grade at the private school. The ALJ held that a 30-day interim offer must mirror the student's last actual placement, not an age-based projection. Second, the offer omitted speech-language services and the one-on-one aide that had been part of Student's last agreed-upon IEP. The ALJ denied compensatory education because Parent presented no evidence of what compensatory services Student would need.

What Was Ordered

The District's 30-day interim placement offer was amended to reflect placement in a sixth-grade classroom at a District school.
The offer was amended to include speech-language services two times per week for 30 minutes each session.
The offer was amended to include a one-on-one aide or independent facilitator for one-half of Student's school day.
The ALJ noted that if Parent enrolled Student for the 2008–2009 school year, his placement should be seventh grade (advancing from the corrected sixth-grade baseline), with the above services, until a new IEP is developed or an ALJ validates one.
All other requests for relief — including compensatory education — were denied.

Why This Matters for Parents

Your child's actual grade level — not their age — determines an interim placement. When a student transfers back to a public school, the district must base its 30-day interim offer on where the child actually was academically, not where they would have been if they had stayed in the district. A student who completed sixth grade at a private school should be offered a sixth-grade placement, even if they are 14 years old.
The statute of limitations is strictly enforced, even for parents who feel they weren't fully informed. The two-year deadline for filing a due process complaint runs from the date you knew or should have known about the violation. If you have received your procedural rights notices, consulted an attorney, and cited special education law in IEP meetings, a hearing officer will likely find that you were aware of your rights — even if you didn't fully understand every procedural nuance.
A 30-day interim offer must include all services from your child's last agreed-upon IEP. A district cannot use the interim placement process to quietly drop services. If the last IEP included aide support or speech-language therapy, those services belong in the 30-day offer. Review the offer against the last IEP your family actually agreed to before signing anything.
If you want compensatory education, you must present evidence of what is needed. The ALJ specifically noted that Parent did not put on any evidence of what compensatory services Student required. If you believe your child is owed make-up services, come prepared with expert testimony or documentation quantifying what was lost and what would remedy it — without that evidence, a compensatory education claim will fail even if a violation is found.

What Happened

What the ALJ Found

What Was Ordered

The District's 30-day interim placement offer was amended to reflect placement in a sixth-grade classroom at a District school.
The offer was amended to include speech-language services two times per week for 30 minutes each session.
The offer was amended to include a one-on-one aide or independent facilitator for one-half of Student's school day.
The ALJ noted that if Parent enrolled Student for the 2008–2009 school year, his placement should be seventh grade (advancing from the corrected sixth-grade baseline), with the above services, until a new IEP is developed or an ALJ validates one.
All other requests for relief — including compensatory education — were denied.

Why This Matters for Parents

Your child's actual grade level — not their age — determines an interim placement. When a student transfers back to a public school, the district must base its 30-day interim offer on where the child actually was academically, not where they would have been if they had stayed in the district. A student who completed sixth grade at a private school should be offered a sixth-grade placement, even if they are 14 years old.
The statute of limitations is strictly enforced, even for parents who feel they weren't fully informed. The two-year deadline for filing a due process complaint runs from the date you knew or should have known about the violation. If you have received your procedural rights notices, consulted an attorney, and cited special education law in IEP meetings, a hearing officer will likely find that you were aware of your rights — even if you didn't fully understand every procedural nuance.
A 30-day interim offer must include all services from your child's last agreed-upon IEP. A district cannot use the interim placement process to quietly drop services. If the last IEP included aide support or speech-language therapy, those services belong in the 30-day offer. Review the offer against the last IEP your family actually agreed to before signing anything.
If you want compensatory education, you must present evidence of what is needed. The ALJ specifically noted that Parent did not put on any evidence of what compensatory services Student required. If you believe your child is owed make-up services, come prepared with expert testimony or documentation quantifying what was lost and what would remedy it — without that evidence, a compensatory education claim will fail even if a violation is found.