LAUSD Denied FAPE to Autistic Preschooler with Apraxia: Speech, Behavior Services Inadequate

A family filed for due process against Los Angeles Unified School District after the district failed to properly assess their three-year-old autistic son's speech disorder (apraxia), offered grossly insufficient speech therapy, and designated a behavior services provider who refused to change diapers — a basic need for a not-yet-toilet-trained child. The ALJ found the district denied the student a free appropriate public education (FAPE) on multiple grounds and ordered placement in a general education preschool, significantly increased speech therapy, reimbursement for privately obtained speech and behavior services, and a new comprehensive assessment.

What Happened

Student is a child born in September 2005 who was diagnosed with autism spectrum disorder. He had no oral vocabulary and communicated through American Sign Language, pointing, and gestures. His privately retained speech therapist and an independent evaluator both identified him as having verbal apraxia — a motor speech disorder that makes it extremely difficult to coordinate the movements needed for speech. Despite this known condition, the district conducted an initial assessment in July 2008 that failed to evaluate him for apraxia, in part because the assessment environment was chaotic and no alternative strategies were attempted when Student was uncooperative.

The district's IEP team met in September and October 2008 and offered Student placement in a general education preschool collaborative class, along with one hour per week of speech therapy and behavior support services through a nonpublic agency called FACT. The problem: FACT refused to change diapers, and Student was not yet toilet-trained. When Parents notified the district in writing, the district did not respond. Parents enrolled Student in a private preschool (Garden School) and hired their own behavior provider (STAR) and speech therapist. At a follow-up IEP in January 2009, the district shifted its placement offer to a special education-only class with minimal access to typically developing peers. Parents filed for due process in June 2009.

What the District Did Wrong

The ALJ found the district violated Student's right to a FAPE in several important ways:

Failed to properly assess Student's speech disorder. The district's speech pathologist was on notice that Student likely had apraxia — his former therapist had flagged it, an independent evaluator had diagnosed it, and it was mentioned in the discharge report. Despite this, the district never attempted an informal assessment for apraxia, even though experts testified that apraxia can be diagnosed informally when a child cannot complete standardized tests. This prevented the IEP team from designing services to address the actual root cause of Student's speech difficulties.
Offered grossly insufficient speech therapy. Research from the American Speech and Hearing Association establishes that apraxia requires three to five sessions per week totaling 150 minutes weekly. The district offered only 60 minutes per week — less than half the clinically recommended minimum. This alone was a denial of FAPE.
Designated a behavior provider who could not meet Student's basic needs. The district's chosen provider, FACT, refused to change diapers. Because Student was not toilet-trained, this made FACT incapable of meeting his unique needs. When Parents notified the district in writing, the district failed to respond or fix the problem.
Proposed a restrictive placement that limited peer interaction. The January 2009 IEP offered a special education-only class where Student would spend over 70% of his time without typically developing peers. The ALJ found this was not the least restrictive environment (LRE), because Student's autism — and his need to learn social skills through modeling — made access to typical peers especially important.
Failed to consider assistive technology. Neither the September 2008 nor the January 2009 IEP team discussed whether Student needed assistive technology or an augmentative communication system, even though the district's own speech pathologist had recommended an AAC evaluation in her assessment report.

What Was Ordered

The district must implement the September/October 2008 IEP with Student placed in the general education preschool collaborative class (PCC/EEC) at Westminster Early Education Center, with a target start date of January 5, 2010.
Speech and language services must be increased to three to five sessions per week totaling 150 minutes weekly, consistent with the American Speech and Hearing Association's recommendation for apraxia treatment.
The district must conduct an assistive technology evaluation within 45 days to determine whether Student needs AAC or other devices to access the curriculum.
The district must conduct new speech-language and psychoeducational assessments within 60 days.
The district must reimburse Parents $19,790 for privately paid speech therapy services provided by Milestones Therapeutic Services through the date of the hearing.
The district must reimburse Parents for STAR behavior services at a rate equal to what the district would have paid FACT, for the period Student attended the Garden School through January 5, 2010.
Requests for reimbursement for Garden School tuition, private OT, the Gottlieb assessment, and the Poster speech evaluation were denied.

Why This Matters for Parents

A district cannot avoid assessing a suspected disability just because a child is uncooperative. If your child cannot complete standardized tests in a noisy, unfamiliar assessment room, the district must try other strategies — quieter settings, one-on-one formats, or informal observation. Failure to do so can constitute a denial of FAPE, especially if the missed disability (like apraxia) directly affects the services your child receives.
The amount of a related service must match what research says the child's specific disability requires. It is not enough for a district to offer some speech therapy. If your child has a diagnosed condition like apraxia, you can point to clinical guidelines — such as those from the American Speech and Hearing Association — to show that the district's offer falls short of what is educationally appropriate.
A behavior services provider must be able to meet your child's basic daily needs. If your child is not toilet-trained, a provider who refuses to change diapers cannot meet your child's unique needs. Document in writing when a provider is unable to serve your child, and notify the district promptly — that paper trail matters in due process.
Placement in a general education setting with typical peers is presumed appropriate for autistic students learning social skills. If a district proposes moving your child into a more restrictive, special-education-only classroom, it must show that a less restrictive option truly cannot meet your child's needs — not just that the child struggled in a private preschool without proper district supports in place.

What Happened

What the District Did Wrong

The ALJ found the district violated Student's right to a FAPE in several important ways:

Failed to properly assess Student's speech disorder. The district's speech pathologist was on notice that Student likely had apraxia — his former therapist had flagged it, an independent evaluator had diagnosed it, and it was mentioned in the discharge report. Despite this, the district never attempted an informal assessment for apraxia, even though experts testified that apraxia can be diagnosed informally when a child cannot complete standardized tests. This prevented the IEP team from designing services to address the actual root cause of Student's speech difficulties.
Offered grossly insufficient speech therapy. Research from the American Speech and Hearing Association establishes that apraxia requires three to five sessions per week totaling 150 minutes weekly. The district offered only 60 minutes per week — less than half the clinically recommended minimum. This alone was a denial of FAPE.
Designated a behavior provider who could not meet Student's basic needs. The district's chosen provider, FACT, refused to change diapers. Because Student was not toilet-trained, this made FACT incapable of meeting his unique needs. When Parents notified the district in writing, the district failed to respond or fix the problem.
Proposed a restrictive placement that limited peer interaction. The January 2009 IEP offered a special education-only class where Student would spend over 70% of his time without typically developing peers. The ALJ found this was not the least restrictive environment (LRE), because Student's autism — and his need to learn social skills through modeling — made access to typical peers especially important.
Failed to consider assistive technology. Neither the September 2008 nor the January 2009 IEP team discussed whether Student needed assistive technology or an augmentative communication system, even though the district's own speech pathologist had recommended an AAC evaluation in her assessment report.

What Was Ordered

The district must implement the September/October 2008 IEP with Student placed in the general education preschool collaborative class (PCC/EEC) at Westminster Early Education Center, with a target start date of January 5, 2010.
Speech and language services must be increased to three to five sessions per week totaling 150 minutes weekly, consistent with the American Speech and Hearing Association's recommendation for apraxia treatment.
The district must conduct an assistive technology evaluation within 45 days to determine whether Student needs AAC or other devices to access the curriculum.
The district must conduct new speech-language and psychoeducational assessments within 60 days.
The district must reimburse Parents $19,790 for privately paid speech therapy services provided by Milestones Therapeutic Services through the date of the hearing.
The district must reimburse Parents for STAR behavior services at a rate equal to what the district would have paid FACT, for the period Student attended the Garden School through January 5, 2010.
Requests for reimbursement for Garden School tuition, private OT, the Gottlieb assessment, and the Poster speech evaluation were denied.

Why This Matters for Parents

A district cannot avoid assessing a suspected disability just because a child is uncooperative. If your child cannot complete standardized tests in a noisy, unfamiliar assessment room, the district must try other strategies — quieter settings, one-on-one formats, or informal observation. Failure to do so can constitute a denial of FAPE, especially if the missed disability (like apraxia) directly affects the services your child receives.
The amount of a related service must match what research says the child's specific disability requires. It is not enough for a district to offer some speech therapy. If your child has a diagnosed condition like apraxia, you can point to clinical guidelines — such as those from the American Speech and Hearing Association — to show that the district's offer falls short of what is educationally appropriate.
A behavior services provider must be able to meet your child's basic daily needs. If your child is not toilet-trained, a provider who refuses to change diapers cannot meet your child's unique needs. Document in writing when a provider is unable to serve your child, and notify the district promptly — that paper trail matters in due process.
Placement in a general education setting with typical peers is presumed appropriate for autistic students learning social skills. If a district proposes moving your child into a more restrictive, special-education-only classroom, it must show that a less restrictive option truly cannot meet your child's needs — not just that the child struggled in a private preschool without proper district supports in place.