Bellflower USD Failed to Assess Autistic Preschooler, Ordered to Fund Home ABA Program

A five-year-old boy with autism attended Bellflower Unified School District preschool special day classes for over two years without the district ever properly assessing him for autism or providing an appropriate program to meet his unique needs. The ALJ found the district denied Student a free appropriate public education by failing to assess for autistic-like behaviors, offering inadequate placements and services, and allowing a substitute teacher to physically restrain him in a chair. The district was ordered to fund a home ABA program, compensatory education, and reimburse parents for privately obtained ABA, speech-language, and occupational therapy services totaling over $16,000.

What Happened

Student was a five-year-old boy enrolled in Bellflower Unified School District's preschool special day classes (SDCs) starting in 2007. He had been identified as eligible for special education only under the category of speech and language impairment. Over the following two years, teachers and parents repeatedly observed that Student would lie down in class, resist group activities, need hand-over-hand help for basic tasks like drawing and cutting, and struggled to interact with peers. In early 2008, Student's pediatrician diagnosed him with autism. Parents told the school psychologist about the diagnosis, though they expressed uncertainty about whether they fully agreed with it. Despite this information, the district's school psychologist did not conduct any autism-specific assessment and the district continued to place Student in a general preschool SDC that was not designed to meet the needs of children with autism. The district did not formally recognize Student's autism eligibility until May 2009, more than a year after Parents first raised the diagnosis.

After the district still failed to develop an adequate program following the 2009 IEP meetings, Parents removed Student from the district and enrolled him in a private home ABA (Applied Behavior Analysis) program. Within months, Student made significant progress in the home program — progress he had not made in two years of district placement. Parents filed for due process seeking reimbursement for privately obtained ABA, speech-language, and occupational therapy (OT) services, and asked that the district be ordered to continue funding the home ABA program as compensatory education.

What the District Did Wrong

The ALJ found the district violated Student's rights in multiple significant ways. First, the district failed to assess Student in all areas of suspected disability. Once Parents told the school psychologist about the autism diagnosis in February 2008, the district was legally required to assess Student for autistic-like behaviors. The school psychologist's conclusion that Student's behaviors were explained by cognitive delays — rather than autism — was not persuasive, because the same behaviors are also characteristic of autism. Parental uncertainty about the diagnosis did not excuse the district's legal obligation to assess.

Second, the district's placement offers were not appropriate. The preschool SDC Student attended was designed for children with average cognitive abilities and speech-language delays — not for a child with autism, significant behavioral needs, and attention deficits. Although Student made some incremental gains, he did not make meaningful educational progress, and the district continued offering the same inadequate program year after year. The district also failed to provide adequate mainstreaming opportunities: Student had access to recess with general education peers but no support to actually help him interact with them.

Third, the district's IEPs lacked appropriate behavioral and social-emotional goals. Despite observing Student lying on the floor and failing to attend to group instruction, the IEPs did not include goals to address these behaviors. When Student became increasingly aggressive in 2008-2009, the district was slow to develop a formal behavior support plan — a plan that was promised by May 15, 2009, but not delivered until July 2009. Additionally, a substitute teacher physically restrained Student in a chair with soft ties in April 2009, a clear violation of California law. Finally, the district's program was not based on peer-reviewed research to the extent practicable, as required by federal law.

What Was Ordered

The district must reimburse Parents $481 for speech-language services from California State University, Long Beach, and $1,680 for services from Expressions (a private provider).
The district must reimburse Parents $990 for OT services from Kids in Motion.
The district must reimburse Parents $13,023.64 for ABA and one-to-one aide services from First Steps through September 2009.
The district must fund a home ABA program through First Steps for 25 hours per week through the end of calendar year 2010, with 10 hours per month of program supervision and 10 hours per month of consultation with Parents, school staff, and other providers.
The district must fund 10 hours per week of one-to-one aide services for Student to attend a general education kindergarten, working on goals identified by First Steps.
The district must provide 50 minutes per week of OT services (individual and small group), plus an additional 30 minutes per week of individual OT as compensatory education through the end of the 2010 extended school year.
The district must provide speech-language services as agreed in the March 2009 IEP.
The district must convene an IEP meeting no later than November 15, 2010 to make a formal offer for the remainder of school year 2010-2011.

Why This Matters for Parents

If a doctor diagnoses your child with autism, the school district must assess for it — even if you express doubt about the diagnosis. The ALJ was clear: a parent's uncertainty does not relieve the district of its legal duty to assess in all areas of suspected disability. Once you share a medical diagnosis with the school, document it in writing and follow up to confirm the district is including autism-specific assessments in its evaluation plan.
A child's lack of progress over time is itself evidence that the placement is wrong. Student spent two years in programs where he still needed hand-over-hand help, still couldn't participate in group instruction, and still lay down on the floor. The ALJ found this lack of meaningful progress proved the placement was inappropriate — even though teachers reported some incremental gains. Keep dated records of what your child can and cannot do independently.
Districts must actually support mainstreaming, not just offer access to it. Having recess near general education students is not the same as meaningfully including a child. The ALJ found that without structured support to help Student interact with peers, the district's "mainstreaming" was legally insufficient. Ask at IEP meetings exactly how the district will support your child's interaction with typically developing peers.
If your child is restrained at school, that is a serious legal violation — and it signals that staff are not properly trained. The substitute teacher's use of soft ties to restrain Student revealed a systemic failure to train staff on how to handle his behaviors. Physical restraint of students in California is heavily restricted by law. If it happens, document it immediately and request an emergency IEP meeting to address behavioral supports.
A home ABA program that produces rapid progress can justify reimbursement and compensatory education. Parents here placed Student in a private home ABA program after the district repeatedly failed him. Student's significant progress in just a few months — compared to minimal progress over two years in district programs — persuaded the ALJ to order both reimbursement and continuation of the program. If you go private, track your child's progress carefully with data, reports, and provider notes.

What Happened

What the District Did Wrong

What Was Ordered

The district must reimburse Parents $481 for speech-language services from California State University, Long Beach, and $1,680 for services from Expressions (a private provider).
The district must reimburse Parents $990 for OT services from Kids in Motion.
The district must reimburse Parents $13,023.64 for ABA and one-to-one aide services from First Steps through September 2009.
The district must fund a home ABA program through First Steps for 25 hours per week through the end of calendar year 2010, with 10 hours per month of program supervision and 10 hours per month of consultation with Parents, school staff, and other providers.
The district must fund 10 hours per week of one-to-one aide services for Student to attend a general education kindergarten, working on goals identified by First Steps.
The district must provide 50 minutes per week of OT services (individual and small group), plus an additional 30 minutes per week of individual OT as compensatory education through the end of the 2010 extended school year.
The district must provide speech-language services as agreed in the March 2009 IEP.
The district must convene an IEP meeting no later than November 15, 2010 to make a formal offer for the remainder of school year 2010-2011.

Why This Matters for Parents

If a doctor diagnoses your child with autism, the school district must assess for it — even if you express doubt about the diagnosis. The ALJ was clear: a parent's uncertainty does not relieve the district of its legal duty to assess in all areas of suspected disability. Once you share a medical diagnosis with the school, document it in writing and follow up to confirm the district is including autism-specific assessments in its evaluation plan.
A child's lack of progress over time is itself evidence that the placement is wrong. Student spent two years in programs where he still needed hand-over-hand help, still couldn't participate in group instruction, and still lay down on the floor. The ALJ found this lack of meaningful progress proved the placement was inappropriate — even though teachers reported some incremental gains. Keep dated records of what your child can and cannot do independently.
Districts must actually support mainstreaming, not just offer access to it. Having recess near general education students is not the same as meaningfully including a child. The ALJ found that without structured support to help Student interact with peers, the district's "mainstreaming" was legally insufficient. Ask at IEP meetings exactly how the district will support your child's interaction with typically developing peers.
If your child is restrained at school, that is a serious legal violation — and it signals that staff are not properly trained. The substitute teacher's use of soft ties to restrain Student revealed a systemic failure to train staff on how to handle his behaviors. Physical restraint of students in California is heavily restricted by law. If it happens, document it immediately and request an emergency IEP meeting to address behavioral supports.
A home ABA program that produces rapid progress can justify reimbursement and compensatory education. Parents here placed Student in a private home ABA program after the district repeatedly failed him. Student's significant progress in just a few months — compared to minimal progress over two years in district programs — persuaded the ALJ to order both reimbursement and continuation of the program. If you go private, track your child's progress carefully with data, reports, and provider notes.