Compton/LACOE Denied Medically Complex Student OT, Speech, and Health Services for Two Years

What Happened

Student is a boy with multiple disabilities, including chronic lung disease, hydrocephalus with a shunt, tubes in his ears, acid reflux, a G-tube for feeding, and severe developmental delays across all areas. He is non-verbal, requires assistance for all daily living activities, and uses diapers. Before attending Compton Unified, Student had been enrolled in Torrance Unified School District's "Launch" program — a specialized preschool that provided a 1:1 aide, occupational therapy, speech and language services, assistive technology, and active toileting training. Parents and Student's home nurse observed meaningful progress at Launch, including Student learning to carry his backpack, work on potty training, and practice holding a spoon.

When Student transferred back into Compton Unified in January 2008, Respondents (Compton Unified and its service provider LACOE) never obtained Student's Torrance IEP or assessment records. Over the next two years, they held three IEP meetings — in April 2008, April 2009, and October 2009 — none of which offered occupational therapy, physical therapy, speech and language services, assistive technology, health and nursing supports, or a toileting goal. The April 2009 IEP was held entirely without Parents present, despite the fact that Parents had attended every other IEP meeting and Father credibly denied ever giving permission to proceed in his absence.

What the District Did Wrong

Failure to carry over services after transfer. When Student moved from Torrance to Compton, Respondents were required to provide comparable services to those in his Torrance IEP while developing a new one. Instead, they held a bare-bones "intake" IEP in March 2008 with no specific offer of placement or services, and then conducted the April 2008 IEP without ever obtaining or reviewing the Torrance IEP or OT assessment from PTN.

Failure to assess in all areas of suspected disability. Student's registration form, prior assessments, and his own SLP's June 2008 report all flagged hearing concerns, motor deficits, speech and language needs, and the need for assistive technology. Respondents never conducted audiological, OT, PT, assistive technology, or adequate speech and language assessments. The October 2009 psycho-educational assessment was unsigned, unclear about who conducted it, used only one assessment tool, and failed to assess areas explicitly listed in the signed consent form.

Three consecutive IEPs missing critical services and goals. Across all three IEPs, Respondents failed to include goals for receptive or expressive language, fine motor skills, self-regulation, or toileting — all documented areas of need. No OT, PT, speech-language, assistive technology, or health/nursing services were offered. Student's feeding schedule had to be reorganized around school because G-tube support was not available at school, effectively shortening his school day.

Excluding Parents from the April 2009 IEP. Respondents held the April 24, 2009 IEP meeting without Parents. The IEP document claimed Father gave permission to proceed in his absence, but Father credibly denied this. Respondents presented no documentation of attempts to notify Parents — no phone records, no written notices, nothing. The ALJ found this was a significant procedural violation that directly impeded Parents' right to participate in developing their child's educational plan.

What Was Ordered

1. Weekly fine motor group OT sessions of 45 minutes each.
2. Weekly sensory arousal group OT sessions of 30 minutes each.
3. Speech and language services: one 15-minute group session, one 10-minute consultation, and one 20-minute individual session each week.
4. A nebulizer and G-tube feeding supplies available at school for emergencies, with nursing staff trained to use them available full-time.
5. A 1:1 health services aide at Student's mealtimes during school hours to assist with eating and feeding.
6. A single-switch assistive technology device to make requests, plus services to help Student learn to use it.
7. Implementation of a toileting goal matching the one used in Torrance's program.
8. Comprehensive reassessments in all areas: OT, PT, assistive technology, health and nursing, speech and language, audiological, academic/pre-academic, self-help, social-emotional, motor ability, and general abilities.
9. A new IEP meeting following those assessments to set appropriate services based on the results.
10. All services to begin immediately and continue until the new IEP meeting is held.

The ALJ denied the request for two years of services from a non-public agency and denied funding for independent educational evaluations, finding that Student did not demonstrate Respondents were incapable of providing adequate assessments and services themselves.

Why This Matters for Parents

1. Request your child's records when transferring districts — and demand the new district do the same. When Student transferred to Compton, the district never obtained his Torrance IEP or OT assessment. This left the new IEP team working blind. You have the right to request that the receiving district obtain all prior records, and you should bring copies yourself as a backup.

2. An IEP cannot legally be held without you unless you truly agreed in writing. The district claimed Father gave verbal permission to proceed without him — but had no documentation. The law requires districts to keep detailed records of every attempt to contact parents, including phone call logs and written notices. If a meeting is held without you and the district cannot prove it tried to reach you, this is a significant violation that can result in compensatory services.

3. If your child has documented needs in an area, the district must assess in that area — it cannot simply skip it. Student's hearing concerns appeared on his enrollment form, in his SLP's report, and in parent-provided hospital test results. Yet Respondents never conducted an audiological assessment. Any time a disability-related need is flagged — by you, by a prior school, or by the district's own evaluators — the district is legally required to assess it.

4. Missing services from an IEP — like OT, speech, or toileting goals — can be remedied through compensatory services even years later. The ALJ ordered services based on what Student should have received going back to 2008. If your child has gone without services they were entitled to, you can seek compensatory education to make up for that lost time, even if the IEP period has already passed.