District Owes Tuition Reimbursement After Failing to Deliver Preschool Services for Autistic Child

What Happened

Student is a four-year-old boy with autism and speech-language impairment who lived within Antioch Unified School District. His parents enrolled him in a private preschool, Child Day Schools, for the 2018–2019 school year. After months of dispute over placement and services, the parties reached an agreement in October 2018: Antioch would pay for three hours per day of private preschool and provide Student with 120 minutes per week of group specialized academic instruction, 60 minutes per week of group speech and language services, and 60 minutes per week of behavioral consultation — all delivered at the private preschool.

The arrangement broke down in late November 2018 when Child Day Schools told Parents it would no longer allow most Antioch staff on campus, citing disruption to other students. By December 7, 2018, Antioch had stopped delivering Student's specialized academic instruction entirely. The district's only response was to propose moving Student to a public transitional kindergarten program — a full change of school — rather than finding alternative ways to deliver the missing service. Parents rejected that offer. Student moved out of the district on March 1, 2019, having gone without specialized academic instruction for approximately ten weeks (about 20 hours total). Parent filed for due process seeking compensatory education and reimbursement of private school tuition.

What the ALJ Found

On the missing specialized academic instruction — the district lost. The ALJ found that Antioch materially failed to implement Student's IEP by not providing the 120 minutes per week of specialized academic instruction from December 8, 2018, through February 28, 2019. Under the law, a district violates the IDEA when it more than minimally fails to deliver services required by a student's IEP — and the student does not have to prove actual educational harm to win on this point. The ALJ rejected Antioch's argument that Child Day Schools' restrictions excused the district, noting that the private preschool's decision was not the parents' fault. Critically, the ALJ found that Antioch could have offered alternative delivery — through a non-public agency, at a district site on Wednesdays when Student didn't attend preschool, or through other means — but instead offered only a full school change, which parents had the right to decline.

On the transitional kindergarten placement — the district won. Parents argued that offering a transitional kindergarten placement was illegal because Student would not turn five during the 2018–2019 school year, as generally required by California's Education Code. The ALJ rejected this argument, finding that the age-eligibility rules for transitional kindergarten apply to general education students, not to children receiving special education services. Student's IEP team — not a general education enrollment statute — is responsible for determining placement for a child with a disability.

On full tuition reimbursement — the district won. Parents sought reimbursement for Student's full-time private preschool tuition ($1,170/month) for January and February 2019. The ALJ denied this, finding that Antioch had only ever agreed to fund three hours per day, and Parents presented no evidence that Student needed more than three hours of preschool daily to receive educational benefit.

What Was Ordered

1. Antioch shall reimburse Parents $1,070 — representing two months (January and February 2019) of the district's share of Child Day Schools tuition at $535 per month — as compensation for the 20 hours of specialized academic instruction Student lost.
2. Antioch shall pay the reimbursement within 45 days of the decision date. Parents are not required to submit additional receipts.
3. All other requests for relief — including full tuition reimbursement and compensatory education in the form of a tutor or ABA aide — were denied.

Why This Matters for Parents

1. A district cannot stop delivering IEP services just because a private placement becomes inconvenient. When Student's private preschool barred district staff, Antioch's obligation to provide specialized academic instruction did not disappear. The district was required to find another way to deliver the service — or go back to the IEP team to formally propose a change — not simply stop providing it.

2. Offering a completely different school is not the same as solving a service-delivery problem. The ALJ specifically noted that the dispute was about implementing a specific service, not about changing Student's placement. When a service delivery problem arises, parents have the right to reject a take-it-or-leave-it offer of a new school without losing their claim that the district failed them.

3. General education enrollment rules (like transitional kindergarten age requirements) do not automatically override special education placement decisions. For students with IEPs, placement is determined by the IEP team based on the child's needs — not by the same age or eligibility criteria used for general education students.

4. Requests for compensatory education must be backed by evidence. The parent's request for a private tutor or ABA aide as compensation was denied because no evidence was presented about what those services would cost, whether they were appropriate, or whether the providers were qualified. When requesting a specific remedy, parents should come to hearing prepared with documentation supporting why that remedy is appropriate and what it would cost.