District Wins Most Claims but Owes $18,000 for Failed Distance Learning

A nine-year-old student with specific learning disability and speech-language impairment filed multiple claims against Bonita Unified School District, alleging the district denied her a free appropriate public education by failing to provide vision therapy, Lindamood Bell clinic services, increased speech services, and compensatory education. The district prevailed on nearly all issues, but the ALJ found that Bonita Unified failed to meaningfully implement Student's IEP during COVID-19 distance learning from March through June 2020, resulting in a $18,000 compensatory education award for up to 120 hours of outside services.

What Happened

Student was a nine-year-old third grader at Oak Mesa Elementary School who qualified for special education under the categories of specific learning disability and speech-language impairment. Parent had growing concerns about Student's educational progress, particularly around reading, auditory processing, vision, and speech. Beginning in October 2019, Parent requested a comprehensive reassessment, sought independent evaluations from private specialists (an audiologist, an ophthalmologist, and an optometrist), and asked the district to adopt recommendations from those experts — including vision therapy, intensive Lindamood Bell clinic services, and increased individual speech therapy. When the COVID-19 pandemic closed schools in March 2020, Parent reported that Student stopped participating in distance learning entirely and appeared to be regressing. Parent eventually withheld consent to the district's assessment plan for over a year, then filed for due process in March 2021 raising eight issues.

The district also filed its own due process complaint, seeking a ruling that its May 2020 IEP (and seven subsequent amended versions through January 2021) offered Student a free appropriate public education (FAPE) in the least restrictive environment. The two cases were consolidated and heard together over eight days in May and June 2021.

What the ALJ Found

The ALJ ruled in the district's favor on seven of the eight issues. On the major disputed questions — whether the district had to fund vision therapy, place Student at a Lindamood Bell clinic, provide 60 minutes of individual speech therapy per week, adopt the Casa Colina occupational therapy recommendations, or fund independent evaluations before conducting its own assessments — the ALJ found the district acted appropriately. A key theme throughout the decision was that Parent's repeated refusal to consent to the district's proposed assessment plans blocked the district from conducting its own evaluations, which are legally required before a parent can demand a publicly funded independent evaluation. The ALJ also found that the district's IEP goals, placement in a general education classroom, and related services were reasonably calculated to provide Student educational benefit based on the information available at the time.

However, the ALJ found that the district did deny Student a FAPE during the spring 2020 distance learning period (March 16 through the end of the 2019-2020 school year). Student stopped engaging in the online program, did not complete assignments, and Parent credibly showed that Student received little meaningful instruction during that period. The ALJ found Bonita Unified materially failed to implement Student's IEP during that window, resulting in a loss of educational benefit.

What Was Ordered

Bonita Unified is authorized to implement the May 2020 IEP and its amendments without parental consent, as long as Parent continues to seek special education services from the district.
Bonita Unified must pay up to $18,000 to reimburse Parent for up to 120 hours of compensatory education and related services from a provider of Student's choice. Eligible services include specialized academic instruction, speech-language therapy, educational tutoring, assistive technology, vision therapy, or a reading program such as Lindamood Bell.
Reimbursement must be paid within 60 days of Parent submitting proof of payment (invoice plus a cancelled check, credit card statement, or loan statement). Cash receipts are not accepted. The funds are available for two years from the date of the decision.
All other relief requested by Student — including placement at a nonpublic school, reimbursement for private assessments, funding for the Lindamood Bell clinic program, and attorney's fees — was denied.

Why This Matters for Parents

Withholding consent to district assessments can seriously backfire. Before a parent is legally entitled to a publicly funded independent evaluation, the district must first conduct its own assessment. If a parent repeatedly refuses to sign the district's assessment plan — even with good intentions — the district has no obligation to fund outside evaluations, and the parent loses important legal leverage. Sign the assessment plan, then disagree with the results if warranted.
Private expert recommendations are influential but not automatically binding. The ALJ carefully reviewed reports from multiple outside specialists but found that the district was not required to simply adopt every recommendation from a private evaluator. The district's own qualified staff can respond to, and respectfully disagree with, private findings — as long as the IEP team genuinely considers them.
Distance learning failures can be a real FAPE violation. Even though the district prevailed on most issues, the ALJ found that Student's lack of meaningful participation in the spring 2020 online program — combined with a failure to materially implement the IEP — was enough to award $18,000 in compensatory services. If your child stopped engaging during COVID distance learning, that period may still be legally actionable.
Compensatory funds can be used flexibly. The $18,000 award was not tied to specific services ordered by the district. Parent could choose the provider and the type of service — including options the district had previously refused, like vision therapy or Lindamood Bell. When you win compensatory education, ask for flexible, parent-directed funding rather than a rigid service plan.

What Happened

What the ALJ Found

What Was Ordered

Bonita Unified is authorized to implement the May 2020 IEP and its amendments without parental consent, as long as Parent continues to seek special education services from the district.
Bonita Unified must pay up to $18,000 to reimburse Parent for up to 120 hours of compensatory education and related services from a provider of Student's choice. Eligible services include specialized academic instruction, speech-language therapy, educational tutoring, assistive technology, vision therapy, or a reading program such as Lindamood Bell.
Reimbursement must be paid within 60 days of Parent submitting proof of payment (invoice plus a cancelled check, credit card statement, or loan statement). Cash receipts are not accepted. The funds are available for two years from the date of the decision.
All other relief requested by Student — including placement at a nonpublic school, reimbursement for private assessments, funding for the Lindamood Bell clinic program, and attorney's fees — was denied.

Why This Matters for Parents

Withholding consent to district assessments can seriously backfire. Before a parent is legally entitled to a publicly funded independent evaluation, the district must first conduct its own assessment. If a parent repeatedly refuses to sign the district's assessment plan — even with good intentions — the district has no obligation to fund outside evaluations, and the parent loses important legal leverage. Sign the assessment plan, then disagree with the results if warranted.
Private expert recommendations are influential but not automatically binding. The ALJ carefully reviewed reports from multiple outside specialists but found that the district was not required to simply adopt every recommendation from a private evaluator. The district's own qualified staff can respond to, and respectfully disagree with, private findings — as long as the IEP team genuinely considers them.
Distance learning failures can be a real FAPE violation. Even though the district prevailed on most issues, the ALJ found that Student's lack of meaningful participation in the spring 2020 online program — combined with a failure to materially implement the IEP — was enough to award $18,000 in compensatory services. If your child stopped engaging during COVID distance learning, that period may still be legally actionable.
Compensatory funds can be used flexibly. The $18,000 award was not tied to specific services ordered by the district. Parent could choose the provider and the type of service — including options the district had previously refused, like vision therapy or Lindamood Bell. When you win compensatory education, ask for flexible, parent-directed funding rather than a rigid service plan.