District Failed Student with Down Syndrome by Ignoring Her History in General Education

A five-year-old girl with Down Syndrome transferred to Oakdale Joint Unified School District from Texas, where she had successfully participated in general education settings. The district placed her in a special education class for 95% of the day without adequately considering her ability to learn alongside typical peers. The ALJ found the district violated FAPE by excluding a required general education teacher from the IEP meeting and by failing to offer placement in the least restrictive environment. The district was ordered to reimburse Parents for private school tuition, transportation, and speech therapy costs.

What Happened

Student is a five-year-old girl with Down Syndrome who is eligible for special education under the categories of intellectual disability and speech or language impairment. Before moving to California, Student had attended KinderFrogs — a laboratory school at Texas Christian University designed to prepare children with Down Syndrome for general education kindergarten — as well as a private general education preschool called Primrose, where she participated alongside typically developing peers without behavioral problems. She also joined tap, ballet, and gymnastics classes with non-disabled children, where her dance instructor reportedly called her a "rock star." Parents moved to Oakdale in August 2011 and immediately shared this history with the district, making clear that their long-term goal was for Student to be educated with typically developing peers.

When the district held its 30-day IEP team meeting on September 13, 2011, it offered Student placement in a Special Day Class (SDC) for severely handicapped students for 95% of the school day, with only 5% of her time spent around general education students — limited to recess, assemblies, and library visits. Parents were concerned and requested another meeting on September 30, 2011, but the district maintained the same placement offer. After observing the SDC and noticing that Student — who had previously loved school — no longer wanted to attend, Parents withdrew her in October 2011 and enrolled her at Big Valley Christian School, a private general education kindergarten in Modesto. There, Student made measurable academic and social progress, communicating more, learning letters and numbers, and integrating socially with her classmates.

What the District Did Wrong

Failure to include a general education teacher at the September 13, 2011 IEP meeting. A general education teacher is a required IEP team member when a student is, or may be, participating in the general education environment. At the September 13 meeting, the scheduled general education teacher called in sick. The district notified Parents but did not obtain the required written waiver, and the absent teacher provided no written input beforehand. Because the district already knew Student had attended general education settings in Texas, it was legally obligated to ensure a general education teacher was present so the team could meaningfully consider a less restrictive placement. Without that teacher, the IEP team could not properly evaluate a general education option — and none was discussed. This procedural violation significantly impeded Parents' ability to participate in the decision-making process and constituted a denial of FAPE.

Failure to offer placement in the least restrictive environment (LRE). The IDEA requires that students with disabilities be educated with non-disabled peers to the maximum extent appropriate. The ALJ applied the four-factor balancing test from Rachel H. and found that the district's 95%/5% SDC offer did not satisfy this standard. The district had direct knowledge — from the Texas IEP, from Parents' communications, and from Student's history at Primrose and in extracurricular activities — that Student could benefit from time with typically developing peers. Yet the district never seriously considered placing Student in a general education class with aide support. Notably, the ALJ pointed out that Student had a higher IQ (66) than the student in Rachel H. (IQ of 44), who the Ninth Circuit ruled should be in a regular second-grade classroom full-time. Despite this, the district proposed placing Student in special education for 95% of her day — far more restrictive than what the law allows without adequate justification.

What the ALJ found on predetermination. The ALJ ruled in the district's favor on the predetermination claim. Although the district brought a draft IEP to the September 13 meeting, the evidence showed that Parents participated in the discussion, could express disagreement, and did sign the IEP at the meeting's conclusion. The district did not arrive with a "take it or leave it" attitude. The same finding applied to the September 30 meeting. This issue was decided in the district's favor.

What Was Ordered

The district is required to reimburse Parents for the cost of tuition at Big Valley Christian School starting November 11, 2011, through the date of Student's next annual IEP meeting.
The district is required to reimburse Parents for mileage to and from Big Valley (calculated at the IRS rate) for the same period.
The district is required to reimburse Parents for the cost of private speech therapy services from November 11, 2011, through the date of Student's next annual IEP meeting.
The district is required to reimburse Parents for any out-of-pocket co-payments for occupational therapy during the same period (insurance covered the full cost, so only co-pays qualify).
Reimbursement begins November 11, 2011 — not October 2011 — because Parents gave only 2 days' notice instead of the required 10 business days before removing Student from public school.
All other requested relief, including prospective placement at Big Valley or compensatory education through a non-public agency, was denied.

Why This Matters for Parents

Share your child's full history in writing before the first IEP meeting. The ALJ found the district violated FAPE partly because it already knew — from Parents' emails, biographical profiles, and the Texas IEP — that Student had succeeded in general education settings. When you provide this information in writing before the meeting, it becomes part of the record. Districts are legally required to consider it when designing placement offers.
A required IEP team member cannot simply be absent — there is a legal process. When a general education teacher is required to attend and cannot make the meeting, the district must get your written consent to excuse them AND obtain written input from that teacher beforehand. If neither happens, the absence is a procedural violation. You have the right to object and reschedule rather than proceed without a required team member.
"95% in special education" is a very high bar to justify under the law. The Ninth Circuit has repeatedly emphasized Congress's strong preference for educating students with disabilities alongside typical peers. If your child has any history of benefiting from inclusion — even in extracurricular activities — the district must seriously consider general education placement with supports before defaulting to a full-time special education class.
If you remove your child from public school, follow the 10-business-day written notice rule. Parents in this case lost reimbursement for October 2011 (about three weeks of costs) because they gave only 2 days of notice instead of the required 10 business days. Before pulling your child from a public school placement and enrolling them privately, send written notice to the district at least 10 business days in advance — even if you are frustrated with the district's response.
A private general education placement can qualify for reimbursement even if it is not a special education school. Big Valley was a private religious school, not an approved special education program. But because Student received modified instruction there, benefited academically and socially, and the placement addressed her needs, the ALJ found it appropriate for reimbursement purposes. The private school does not have to meet every IDEA standard — it just has to meet your child's needs and provide real educational benefit.

What Happened

What the District Did Wrong

What Was Ordered

The district is required to reimburse Parents for the cost of tuition at Big Valley Christian School starting November 11, 2011, through the date of Student's next annual IEP meeting.
The district is required to reimburse Parents for mileage to and from Big Valley (calculated at the IRS rate) for the same period.
The district is required to reimburse Parents for the cost of private speech therapy services from November 11, 2011, through the date of Student's next annual IEP meeting.
The district is required to reimburse Parents for any out-of-pocket co-payments for occupational therapy during the same period (insurance covered the full cost, so only co-pays qualify).
Reimbursement begins November 11, 2011 — not October 2011 — because Parents gave only 2 days' notice instead of the required 10 business days before removing Student from public school.
All other requested relief, including prospective placement at Big Valley or compensatory education through a non-public agency, was denied.

Why This Matters for Parents

Share your child's full history in writing before the first IEP meeting. The ALJ found the district violated FAPE partly because it already knew — from Parents' emails, biographical profiles, and the Texas IEP — that Student had succeeded in general education settings. When you provide this information in writing before the meeting, it becomes part of the record. Districts are legally required to consider it when designing placement offers.
A required IEP team member cannot simply be absent — there is a legal process. When a general education teacher is required to attend and cannot make the meeting, the district must get your written consent to excuse them AND obtain written input from that teacher beforehand. If neither happens, the absence is a procedural violation. You have the right to object and reschedule rather than proceed without a required team member.
"95% in special education" is a very high bar to justify under the law. The Ninth Circuit has repeatedly emphasized Congress's strong preference for educating students with disabilities alongside typical peers. If your child has any history of benefiting from inclusion — even in extracurricular activities — the district must seriously consider general education placement with supports before defaulting to a full-time special education class.
If you remove your child from public school, follow the 10-business-day written notice rule. Parents in this case lost reimbursement for October 2011 (about three weeks of costs) because they gave only 2 days of notice instead of the required 10 business days. Before pulling your child from a public school placement and enrolling them privately, send written notice to the district at least 10 business days in advance — even if you are frustrated with the district's response.
A private general education placement can qualify for reimbursement even if it is not a special education school. Big Valley was a private religious school, not an approved special education program. But because Student received modified instruction there, benefited academically and socially, and the placement addressed her needs, the ALJ found it appropriate for reimbursement purposes. The private school does not have to meet every IDEA standard — it just has to meet your child's needs and provide real educational benefit.