Parent Wins Tuition Reimbursement After District Fails to Support Student with ADHD in General Ed

A 15-year-old student with ADHD and visual processing challenges struggled for years in Santa Monica-Malibu USD's general education classes despite an IEP. The ALJ found the district failed to offer a free appropriate public education across multiple IEPs because it could not adequately implement accommodations in large classrooms, lowered goals without data, and excluded required IEP team members. The district was ordered to reimburse Parents for two years of private school tuition at Summit View, transportation costs, and prior tutoring expenses totaling over $60,000.

What Happened

Student is a teenager with ADHD, visual processing challenges from a condition called strabismus (a misalignment of the eyes), and significant difficulties with attention, organization, and work completion. She was found eligible for special education under the category of "Other Health Impairment" (OHI) at her initial IEP in January 2011. The district placed her in general education classes with a daily study skills support class and a set of accommodations. Despite these supports, Student continued to struggle throughout sixth and seventh grade — earning failing or near-failing grades, requiring two or more hours of nightly tutoring from Parents or private tutors, and falling further behind as the year progressed. No one was collecting data on whether she was making progress on her IEP goals.

By the end of seventh grade, Parents had formally requested that the district change Student's placement to a nonpublic school (NPS). The district refused. In August 2012, Parents enrolled Student at Summit View — a private school serving students with learning disabilities — and sought reimbursement. Both the district and Parents filed for due process, and the cases were consolidated for hearing.

What the ALJ Found

The ALJ issued a mixed ruling. The district prevailed on whether its January 2013 assessment was appropriate (meaning Student was not entitled to an independent educational evaluation at public expense), and on several procedural claims. However, Student prevailed on the most significant issues.

The ALJ found that the district failed to offer a free appropriate public education (FAPE) in the January 2012, June 2012, January 2013, and May 2013 IEPs. The core problem was the same across all of them: the district placed Student in general education classrooms of 30–35 students where teachers could not consistently redirect her or implement her accommodations. Goals were actually lowered over time — without any data showing Student had progressed — and the district responded to Student's poor grades by changing them rather than changing her program. The study skills class was not effectively helping Student manage her workload, and the district never provided training so Student could use word processing as an assistive technology tool, despite recommending it in every IEP.

At the May 2013 IEP meeting, the ALJ also found a procedural FAPE violation: the district held the meeting without Student's special education teacher from District (who had left) and without inviting anyone from Summit View, her current school. This left the IEP team without the people who actually knew Student's current performance — directly harming Parents' ability to meaningfully participate in decisions about goals and placement.

The ALJ also found that the district failed to call an IEP meeting after Student showed lack of progress between May 2011 and January 2012, which was itself a denial of FAPE.

What Was Ordered

The district's January 2013 psychoeducational assessment was found appropriate; Student is not entitled to an independent educational evaluation at public expense.
District shall reimburse Parents for tutoring costs of up to $1,620, within 60 days.
District shall reimburse Parents for Summit View tuition for the 2012–2013 school year (up to $30,090) and the 2013–2014 school year through the date of the decision (up to $3,090 per month from August 26, 2013), within 60 days.
District shall reimburse Parents for transportation costs to Summit View — up to 63.6 miles daily at the IRS rate — for both school years covered by the order.

Why This Matters for Parents

Lowering goals without data is a red flag. The district reduced Student's IEP goals from one year to the next — requiring less attention stamina, not more — without collecting any data to justify the change. If your child's goals are getting easier over time while they are still struggling, that is a warning sign that the IEP is not working and should be challenged.
Accommodations on paper are not the same as accommodations in practice. The district had a list of supports in Student's IEP, but her general education teachers were not consistently implementing them — and the district admitted it was not monitoring this. Parents can request documentation of how and when accommodations are being delivered, and should do so regularly.
Placement in general education is not automatically appropriate. The law requires the least restrictive environment, but "least restrictive" does not mean "general education at any cost." If a student needs one-on-one help every night just to keep up, and large classroom teachers cannot provide consistent support, a more specialized setting may actually be required for the student to receive meaningful educational benefit.
Every required IEP team member must actually attend. The ALJ found a FAPE violation simply because Student's special education teacher was not at the May 2013 meeting and the district made no effort to include her current school provider. If someone essential to your child's education is missing from the IEP team, you have the right to object and request that the meeting be rescheduled until the right people are present.
If you place your child privately and follow the proper notice rules, you may be entitled to reimbursement. Parents here notified the district in writing before and at the time of Student's removal, cooperated fully, and kept records. The ALJ awarded over two years of private school tuition because the district had failed to offer FAPE and the private school was appropriate for Student's needs.

What Happened

What the ALJ Found

The ALJ also found that the district failed to call an IEP meeting after Student showed lack of progress between May 2011 and January 2012, which was itself a denial of FAPE.

What Was Ordered

The district's January 2013 psychoeducational assessment was found appropriate; Student is not entitled to an independent educational evaluation at public expense.
District shall reimburse Parents for tutoring costs of up to $1,620, within 60 days.
District shall reimburse Parents for Summit View tuition for the 2012–2013 school year (up to $30,090) and the 2013–2014 school year through the date of the decision (up to $3,090 per month from August 26, 2013), within 60 days.
District shall reimburse Parents for transportation costs to Summit View — up to 63.6 miles daily at the IRS rate — for both school years covered by the order.

Why This Matters for Parents

Lowering goals without data is a red flag. The district reduced Student's IEP goals from one year to the next — requiring less attention stamina, not more — without collecting any data to justify the change. If your child's goals are getting easier over time while they are still struggling, that is a warning sign that the IEP is not working and should be challenged.
Accommodations on paper are not the same as accommodations in practice. The district had a list of supports in Student's IEP, but her general education teachers were not consistently implementing them — and the district admitted it was not monitoring this. Parents can request documentation of how and when accommodations are being delivered, and should do so regularly.
Placement in general education is not automatically appropriate. The law requires the least restrictive environment, but "least restrictive" does not mean "general education at any cost." If a student needs one-on-one help every night just to keep up, and large classroom teachers cannot provide consistent support, a more specialized setting may actually be required for the student to receive meaningful educational benefit.
Every required IEP team member must actually attend. The ALJ found a FAPE violation simply because Student's special education teacher was not at the May 2013 meeting and the district made no effort to include her current school provider. If someone essential to your child's education is missing from the IEP team, you have the right to object and request that the meeting be rescheduled until the right people are present.
If you place your child privately and follow the proper notice rules, you may be entitled to reimbursement. Parents here notified the district in writing before and at the time of Student's removal, cooperated fully, and kept records. The ALJ awarded over two years of private school tuition because the district had failed to offer FAPE and the private school was appropriate for Student's needs.