District Failed to Assess Preschooler's Physical Therapy Needs Despite Cerebral Palsy Diagnosis

A preschool-aged student with spastic diplegia cerebral palsy was denied a FAPE when Elk Grove Unified School District failed to include a physical therapist in its initial assessment team, instead relying on an adapted physical education specialist who was not qualified to evaluate the student's gait and functional mobility needs. The district also failed to include safety accommodations in the IEP requiring close adult supervision in the classroom and within arm's reach on the playground. The ALJ ordered Elk Grove to reimburse parents $1,100 for private physical therapy services provided between March and June 2014.

What Happened

Student is a preschool-aged child with spastic diplegia cerebral palsy, a condition that primarily affects her lower body. She had been receiving weekly physical therapy through the Alta California Regional Center's Early Start Program since she was 11 months old. Her physical therapist documented significant delays in gross motor skills, including an unsteady and stiff gait, frequent falls, inability to alternate feet on stairs, and very limited ability to stand on one foot or move sideways or backwards without adult support. When Student turned three and transitioned into public school, Elk Grove Unified conducted an initial assessment to determine her eligibility for special education services.

Instead of including a licensed physical therapist on the assessment team, Elk Grove assigned an adapted physical education specialist to evaluate Student's gross motor needs. That specialist administered a test, scored it incorrectly (initially reporting Student's locomotor skills as "moderately delayed" when the corrected score placed them in the "profoundly delayed" range), and did not observe Student in a classroom or playground setting with other children. Based on this flawed assessment, the February 2014 IEP offered Student placement in an integrated preschool program with occupational therapy and limited adapted physical education on a consultation-only basis — but no physical therapy at all. The IEP also contained no written accommodations requiring close adult supervision for safety, even though the district's own assessors had noted in their report that Student needed to be within arm's reach of an adult on the playground.

What the District Did Wrong

Failed to conduct a physical therapy assessment. The law requires districts to assess students in all areas related to their suspected disability, using qualified assessors. Because Student's cerebral palsy primarily manifested in her lower extremities and affected her gait and functional mobility, Elk Grove was required to have a licensed physical therapist conduct part of the assessment. An adapted physical education specialist — who is a specialized teacher, not a therapist — is not qualified to determine whether a student needs physical therapy, evaluate gait patterns, or identify risks associated with a student's manner of walking. California law also makes clear that occupational therapists are expressly prohibited from performing gait training, and are not licensed to practice physical therapy.

Failed to offer physical therapy services. Because the assessment was flawed, the February 2014 IEP contained no physical therapy goals or services. The ALJ found that Student's significant delays in foundational mobility skills — including her stiff gait, inability to climb stairs alternating feet, and poor balance — required direct physical therapy interventions, not merely consultation or coaching embedded in a preschool routine. The adapted physical education and occupational therapy services offered, while valuable, could not substitute for hands-on therapeutic treatment of Student's core mobility deficits.

Failed to include safety supports in the IEP. Although Elk Grove staff planned to keep Student within arm's reach on the playground and provide close supervision in class, these commitments were never written into the IEP. The ALJ found that Student's unique safety needs had to be expressly documented as accommodations in her IEP to ensure consistent implementation — staff intentions are not a substitute for written IEP commitments.

What Was Ordered

Elk Grove Unified School District shall reimburse Parents $1,100 for the cost of private physical therapy services provided by the student's licensed physical therapist from March 1, 2014 through June 12, 2014 — the period between the flawed IEP and the date Elk Grove held a new IEP meeting and offered physical therapy services.
Student's requests for compensatory education (additional physical therapy hours) were denied because no persuasive evidence was presented that Student currently required additional services to make up for the violations.
Student's request for an order directing Elk Grove to hold a new IEP meeting and mandate ongoing physical therapy was denied because the June 2014 IEP (which offered physical therapy) was outside the scope of the complaint.
Student's claims regarding extended school year services were denied because, while regression was shown, there was no evidence Student had difficulty regaining skills when therapy resumed — a required element for ESY eligibility.

Why This Matters for Parents

An adapted physical education specialist is not a physical therapist — and the distinction matters legally. If your child has a physical disability affecting how they walk, move, or balance, the district must include a licensed physical therapist in the assessment — not just a PE specialist or occupational therapist. California law specifically limits who may evaluate and treat gait and functional mobility.
Oral promises from staff are not enough — safety needs must be written into the IEP. Even if teachers and aides genuinely intend to supervise your child closely, those intentions can shift with staffing changes. If your child needs close adult supervision due to a physical disability, insist that this be documented as a specific accommodation in the IEP document itself.
Scoring errors in assessments can dramatically change what services are offered. In this case, the difference between "moderately delayed" and "profoundly delayed" led the IEP team to conclude no physical therapy was needed. Parents have the right to request and review all raw assessment data, ask how tests were scored, and challenge errors before the IEP team makes service decisions based on them.
To win extended school year (ESY) services, you need evidence of both regression AND difficulty bouncing back. Showing that your child regressed during a break is not enough on its own. You also need to show that your child struggled to regain lost skills when services resumed. Document this carefully with therapist notes, home observations, and progress data.

What Happened

What the District Did Wrong

What Was Ordered

Elk Grove Unified School District shall reimburse Parents $1,100 for the cost of private physical therapy services provided by the student's licensed physical therapist from March 1, 2014 through June 12, 2014 — the period between the flawed IEP and the date Elk Grove held a new IEP meeting and offered physical therapy services.
Student's requests for compensatory education (additional physical therapy hours) were denied because no persuasive evidence was presented that Student currently required additional services to make up for the violations.
Student's request for an order directing Elk Grove to hold a new IEP meeting and mandate ongoing physical therapy was denied because the June 2014 IEP (which offered physical therapy) was outside the scope of the complaint.
Student's claims regarding extended school year services were denied because, while regression was shown, there was no evidence Student had difficulty regaining skills when therapy resumed — a required element for ESY eligibility.

Why This Matters for Parents

An adapted physical education specialist is not a physical therapist — and the distinction matters legally. If your child has a physical disability affecting how they walk, move, or balance, the district must include a licensed physical therapist in the assessment — not just a PE specialist or occupational therapist. California law specifically limits who may evaluate and treat gait and functional mobility.
Oral promises from staff are not enough — safety needs must be written into the IEP. Even if teachers and aides genuinely intend to supervise your child closely, those intentions can shift with staffing changes. If your child needs close adult supervision due to a physical disability, insist that this be documented as a specific accommodation in the IEP document itself.
Scoring errors in assessments can dramatically change what services are offered. In this case, the difference between "moderately delayed" and "profoundly delayed" led the IEP team to conclude no physical therapy was needed. Parents have the right to request and review all raw assessment data, ask how tests were scored, and challenge errors before the IEP team makes service decisions based on them.
To win extended school year (ESY) services, you need evidence of both regression AND difficulty bouncing back. Showing that your child regressed during a break is not enough on its own. You also need to show that your child struggled to regain lost skills when services resumed. Document this carefully with therapist notes, home observations, and progress data.