Downey USD Denied FAPE to Student with Autism; Ordered to Reimburse Village Glen Tuition

A 13-year-old student with Asperger's Syndrome and severe social-emotional deficits attended Downey Unified schools for years despite mounting evidence that the district's general education placement was failing him. The district repeatedly offered placement at a large middle school without adequate behavioral supports, social skills programming, or a structured environment, and failed to conduct required assessments on time. The ALJ ordered the district to reimburse parents $34,649 in private school tuition for two school years at Village Glen, a certified nonpublic school.

What Happened

Student is a 13-year-old boy diagnosed with Asperger's Syndrome who attended Downey Unified schools from kindergarten through fifth grade. He qualified for special education under the category of autistic-like behaviors and struggled significantly throughout his elementary years. Despite average to superior cognitive abilities, Student had severe deficits in social communication, pragmatic language, and executive functioning. He was regularly bullied, became increasingly aggressive toward peers, experienced suicidal ideation that his father reported directly to the IEP team, and regressed academically each year. He was suspended multiple times, wet his pants at school regularly out of anxiety, and refused to eat in the cafeteria due to sensory sensitivities. A UCLA partial hospitalization program helped him make progress in early 2007, but when he returned to his general education school, he regressed again.

For the 2008-2009 school year, the district proposed placing Student at East Middle School (EMS), a campus of 1,400 students. Parents were deeply concerned — EMS had no autism-specific classes, no structured social skills program, insufficient RSP staffing, and would be attended by the same peers who had bullied Student in elementary school. After the district failed to offer an appropriate placement, Parents unilaterally enrolled Student at Village Glen School, a certified nonpublic school specializing in students with autism and social-communication deficits. They gave the required 10-day advance written notice to the district before doing so. Parents then filed for due process seeking tuition reimbursement and other relief.

What the District Did Wrong

Inappropriate placement offer. The district's proposed placement at EMS was found to be a denial of FAPE for both the 2008-2009 and 2009-2010 school years. EMS had 1,400 students, inadequate RSP coverage (no support on Wednesdays; the sole RSP teacher described her coverage as "hit or miss"), no social skills program, and no structured environment suited to Student's needs. The district's own witnesses acknowledged there was no appropriate self-contained option within the district. Student's disabilities were severe enough that a general education setting with supplementary supports simply could not work for him.

Failure to include behavioral supports. The May 5, 2008, IEP dropped the one-to-one behavioral aide that had been assigned to Student at elementary school, even though the aide had been necessary due to Student's escalating aggression. The October 2008 IEP also offered no behavioral supports during unstructured time such as lunch and recess. The ALJ found this failure to be a procedural violation that denied Student a FAPE.

Inadequate IEP goals and services. The district failed to develop goals addressing Student's unique needs in executive functioning, social communication, and behavior. It also failed to offer peer-reviewed social skills intervention as a designated instruction and service, even though its own staff acknowledged there was no social skills program in the district.

Untimely triennial assessment. The district's triennial assessment was due by February 2009 but was not completed until approximately 11 months later, and the IEP meeting following parental consent to the assessment plan was held nine months late. These delays prevented Parents from having the information they needed to meaningfully participate in IEP decisions.

Failure to conduct behavior assessment. The district proposed a behavioral assessment by an outside agency (Vista Behavior Consultants) in 2008 but never followed through. Even after being notified that the assessment had not occurred, the district took no action — no phone calls, no correspondence, no follow-up. This deprived Parents of critical information about Student's behavioral needs.

What Was Ordered

The district is ordered to reimburse Parents $34,649.00 in documented tuition expenses paid to Village Glen for the 2008-2009 and 2009-2010 school years.
Parents' requests for mileage reimbursement were denied because sufficient documentation was not submitted into evidence during the hearing (only raised in closing argument).
Parents' request for $25,000 in private counseling fees was denied due to lack of documentary evidence.

Why This Matters for Parents

Give your 10-day notice in writing before enrolling privately. Parents in this case preserved their right to full tuition reimbursement by sending a written letter to the district at least 10 days before enrolling Student at Village Glen. If you are considering a unilateral private placement, this notice is legally required — skipping it can cost you your entire reimbursement claim.
Document the district's failure to follow through on promised assessments. The district here proposed a behavioral assessment but never ensured it was completed. The ALJ found this failure was the district's responsibility, not the parents'. If your district proposes an assessment, follow up in writing and keep records — if it never happens, that failure belongs to the district.
A large, understaffed school is not automatically the "least restrictive environment" for a student with autism. The district argued that placing Student in a general education setting at a 1,400-student middle school honored the LRE requirement. The ALJ rejected this, finding that Student's disabilities were so severe that a general education placement — even with supports — could not work. LRE is about what is appropriate for the individual child, not the default setting.
Support reimbursement claims with receipts and canceled checks. Parents sought $50,861.50 in tuition but were only awarded $34,649 — the amount they could document with canceled checks. Billing statements alone were not enough. Keep copies of every payment made to a private placement if you plan to seek reimbursement.

What Happened

What the District Did Wrong

What Was Ordered

The district is ordered to reimburse Parents $34,649.00 in documented tuition expenses paid to Village Glen for the 2008-2009 and 2009-2010 school years.
Parents' requests for mileage reimbursement were denied because sufficient documentation was not submitted into evidence during the hearing (only raised in closing argument).
Parents' request for $25,000 in private counseling fees was denied due to lack of documentary evidence.

Why This Matters for Parents

Give your 10-day notice in writing before enrolling privately. Parents in this case preserved their right to full tuition reimbursement by sending a written letter to the district at least 10 days before enrolling Student at Village Glen. If you are considering a unilateral private placement, this notice is legally required — skipping it can cost you your entire reimbursement claim.
Document the district's failure to follow through on promised assessments. The district here proposed a behavioral assessment but never ensured it was completed. The ALJ found this failure was the district's responsibility, not the parents'. If your district proposes an assessment, follow up in writing and keep records — if it never happens, that failure belongs to the district.
A large, understaffed school is not automatically the "least restrictive environment" for a student with autism. The district argued that placing Student in a general education setting at a 1,400-student middle school honored the LRE requirement. The ALJ rejected this, finding that Student's disabilities were so severe that a general education placement — even with supports — could not work. LRE is about what is appropriate for the individual child, not the default setting.
Support reimbursement claims with receipts and canceled checks. Parents sought $50,861.50 in tuition but were only awarded $34,649 — the amount they could document with canceled checks. Billing statements alone were not enough. Keep copies of every payment made to a private placement if you plan to seek reimbursement.