Fontana Unified Prevails: District's Autism Program and Transition Planning Held Appropriate

What Happened

Student was a 19-year-old young man with autism and intellectual disability who had attended Fontana Unified schools since preschool. He spent his high school years in an autism special day class at Summit High School, where staff described him as beloved by peers and staff alike — so popular he was nicknamed "the Mayor of Summit High." Student also attended general education elective classes, participated in the Read 180 reading program, and received speech-language therapy and occupational therapy. He used an augmentative and alternative communication (AAC) device to help when listeners couldn't understand his speech.

Parents, who held a limited conservatorship over Student, had ongoing concerns: they wanted more academic challenge, better communication between home and school, bullying addressed, and more time before Student transitioned out of high school. After Fontana issued Student a certificate of completion in May 2018 and arranged for him to move to an adult transition program at Fontana High School for the 2018-2019 school year, Parents filed a due process complaint. They alleged that the 2017 and 2018 IEPs contained inappropriate goals, insufficient academics, inadequate transition services, no bullying protections, and that Fontana failed to provide Student's communication device and home-school communication logs as required by his IEPs.

What the ALJ Found

The ALJ ruled in Fontana's favor on every issue. On goals, the ALJ found that Fontana developed 11 new goals for Student at the 2017 IEP meeting — with Parents' active participation and input — covering writing, math, speech, social skills, life skills, and transition. The fact that some 2018 goals looked similar to 2017 goals was explained by the fact that Parents had not consented to the 2017 IEP in time for it to be implemented, so those goals remained appropriate and were properly carried forward. Goals were measurable, tied to Student's present levels of performance, and attainable within a year.

On transition services, the ALJ found that Fontana provided a coordinated set of activities addressing Student's needs in employment, independent living, and postsecondary education — including Workability job placements, mock interviews, grocery shopping skills, and college research. The adult transition program, with its intensive community-based instruction, was found more appropriate for a nearly 20-year-old than continued placement in a high school class alongside 17-year-olds. Parents' concerns about Student's readiness were understandable but did not constitute evidence that Fontana's transition planning was deficient.

On bullying, the ALJ found only two isolated incidents, both of which Fontana investigated and found no evidence of bullying against Student. Student's providers were unaware of any bullying, and Student did not present incident reports or investigation records to support the claim. On the communication device, the ALJ found Student was without his device for only two to three weeks while it was being replaced — a minor lapse, not a material failure. Student could also communicate verbally and in writing during that time. On the communication log, the ALJ found Parents were kept well-informed through IEP meetings, email, and the school's parent portal, and that Student presented no evidence that any gap in communication prevented meaningful parental participation.

What Was Ordered

1. The student's requests for relief were denied.
2. Fontana Unified School District prevailed on all issues.

Why This Matters for Parents

1. Raising concerns in an IEP meeting is important, but you must also raise them in your due process complaint. The ALJ declined to consider new issues Student raised in closing briefs that had not been included in the original complaint. If you have a concern — bullying, a missing service, a procedural problem — it must be clearly stated before the hearing begins or it cannot be decided.

2. Signing an IEP with a written disagreement still counts as consent. Mother signed the 2018 IEP checking "I agree, with the exception of" and attaching a statement of disagreement. The ALJ found this constituted consent to the IEP as a whole, including the placement change to the adult transition program. If you do not agree with placement, consult with an advocate or attorney before signing — or do not sign at all and request mediation or a due process hearing while invoking stay-put rights.

3. A brief interruption in a service is not automatically a FAPE violation. The law requires a "material failure" — meaning services fell significantly short of what the IEP required. Two to three weeks without a communication device, where the student could still communicate in other ways, was found to be a minor discrepancy, not a legal violation. Document gaps carefully and raise them promptly so the district has the opportunity to correct them quickly.

4. Parent disagreement with a district's educational approach, without supporting evidence, is not enough to win a due process case. Parents had genuine, heartfelt concerns about Student's academic challenge level and transition readiness. But the ALJ found those concerns were not backed by expert testimony or evidence that the district's program was inadequate. If you believe your child's program is inappropriate, gather documentation — independent evaluations, progress data, expert opinions — before filing for due process.