Compton Unified Failed Student With Multiple Disabilities for Two School Years

A parent filed for due process against Compton Unified School District on behalf of her 18-year-old daughter, a student with multiple disabilities including visual impairment, after the district failed to implement agreed-upon services, ignored multiple independent educational evaluations, and left the student without functional access to education during COVID-19 distance learning. The ALJ found widespread FAPE violations spanning two school years and ordered over 500 hours of compensatory education across eight service areas, plus six independent educational evaluations and assistive technology equipment.

What Happened

The student is an 18-year-old young woman who qualifies for special education under the primary category of multiple disabilities with a secondary category of visual impairment. She was enrolled in 11th grade within Compton Unified School District at the time of the hearing. Because of her complex needs — which included significant orthopedic impairments, vision impairment, and need for augmentative communication and assistive technology — the student required an extensive package of related services including physical therapy, occupational therapy, adapted physical education, specialized vision services, speech and language therapy, and a trained one-to-one aide. In August 2019, the student and the district reached a prior settlement agreement that laid out a specific FAPE program, including placement at Wayfinder (a nonpublic school) and detailed service minutes across multiple areas.

Despite having signed that settlement agreement, Compton Unified repeatedly failed to implement the promised services, ignored three completed independent educational evaluations (in speech-language, augmentative communication/assistive technology, and transition) for months or even over a year, and never assessed the student in social-emotional functioning or orientation and mobility as it had agreed to do. When the COVID-19 pandemic moved instruction online in March 2020, the district failed to provide the student with a laptop or tablet, a magnification device, adapted equipment such as a gait trainer and stander, or a functioning in-home aide — leaving a student with vision impairment effectively locked out of her own education for over a year. The June 8, 2020 IEP that was supposed to govern the extended school year and the 2020-2021 school year contained inaccurate present levels of performance, unmeasurable goals, a generic and non-individualized transition plan, and was not even provided to Parent until February 2021 — more than seven months after it was written.

What the District Did Wrong

Failed to consider three independent educational evaluations on time. The district funded IEEs in speech-language (completed January 2020), augmentative/alternative communication and assistive technology (completed August 2019, sent to district February 2020), and transition (completed January 2020) — yet did not present any of them to the IEP team at the June 8, 2020 meeting and, in the case of the speech evaluation, waited until February 2021 (over a year later) to review it. This denied Parent the opportunity to advocate for recommended changes and caused deprivation of educational benefits.
Failed to assess in all areas of need. The district agreed in the 2019 settlement to assess the student in social-emotional functioning and orientation and mobility, but never did so. These were also areas of independently documented need. The failure to assess meant the IEP team never had the information needed to develop appropriate goals and services in those areas.
Failed to materially implement the settlement agreement's service minutes. Physical therapy, occupational therapy, specialized vision services, speech and language, and augmentative/alternative communication services were not delivered at the agreed frequency and duration from the start of the 2019-2020 school year. Wayfinder did not even receive the October 29, 2019 IEP until February 4, 2020, delaying implementation further.
Failed to provide assistive technology. After the AT/AAC evaluator recommended a wheelchair tray, a tablet or laptop stand, and a magnification device, the district provided none of these items. Without them, the student — who has a significant vision impairment — could not face her classmates or access classroom materials.
Failed to provide equipment for distance learning. When schools shifted to remote learning in March 2020, the district did not supply the student with a laptop or tablet, magnification or visual assistance device, adapted toileting system, gait trainer, or adapted stander. A student with vision impairment cannot participate in videoconference-based instruction without a large-screen or magnified display. The district's failure effectively denied the student access to education for the entire distance learning period.
Offered an inadequate IEP for the 2020-2021 school year. The June 8, 2020 IEP contained inaccurate present levels of performance, unmeasurable reading and math goals, speech-language goals that did not emphasize functionality, and a single occupational therapy goal for a student with approximately 30 documented areas of orthopedic need. The transition plan was copied-and-pasted across all three planning categories (education, employment, and independent living) and did not reflect the student's individual goals, strengths, or preferences — in part because the district admitted it did not even interview the student about her transition preferences.
Withheld a copy of the IEP from Parent for over seven months. The June 8, 2020 IEP was not provided to Parent until February 4, 2021, which denied her the ability to consent to, object to, or meaningfully participate in decisions about her daughter's program.
Failed to timely consider the occupational therapy IEE. A July 7, 2020 occupational therapy independent educational evaluation was completed and provided to the district, but the district failed to consider it during the 2020-2021 school year.

What Was Ordered

Speech and Language: 67 hours of direct individual speech-language services and 15 hours of consultation services, plus funding for updated observations by the independent speech-language evaluator — all by a nonpublic agency of Parent's choice.
Physical Therapy: 77 hours of direct physical therapy services and 33 hours of consultation physical therapy services by a nonpublic agency of Parent's choice.
Occupational Therapy: 73 hours of direct occupational therapy services and 11 hours of consultation occupational therapy services, plus funding for a new occupational therapy independent educational evaluation.
Adulthood Transition: 32 hours of direct adult transition services, plus funding for a new adulthood transition independent educational evaluation and a functional vocational independent educational evaluation.
Adapted Physical Education: 53 hours of direct adapted physical education services by a nonpublic agency of Parent's choice.
Specialized Vision Services: 29 hours of direct vision services and 29 hours of consultation vision services by a nonpublic agency of Parent's choice.
Augmentative/Alternative Communication and Assistive Technology: 38 hours of AAC/AT consultation services, a new AAC/AT independent educational evaluation, and — within 30 days of the decision — a wheelchair tray and a laptop or tablet stand as described in the 2019 AT evaluation report.
Academic Instruction: 80 hours of direct academic instruction compensatory education by a nonpublic agency of Parent's choice.
Social Skills: 35 hours of direct or consultation social skills services, plus a social skills independent educational evaluation.
Orientation and Mobility: 35 hours of direct or consultation orientation and mobility services, plus an orientation and mobility independent educational evaluation.
Conditions: All compensatory education must be used by December 31, 2024, or it is forfeited. Sessions missed without 24-hour notice may be subtracted from the total. Parent selects all nonpublic agency providers. The district's other requested denials of relief were sustained.

Why This Matters for Parents

A settlement agreement is only as good as its implementation — keep records and follow up. This case shows that even when a district signs a settlement agreeing to specific services, it may fail to actually deliver them. Parents should track service delivery in writing, request service logs regularly, and raise concerns in writing if services are not starting on time or at the agreed frequency.
Funded IEEs must be shared with the district — and the district must actually use them. The district argued it never received the evaluations, but the ALJ found the evidence established they were sent. Send IEE reports by certified mail or email with a read receipt, and follow up to confirm receipt. The law requires the district to consider IEEs at an IEP meeting within a reasonable time — if they are ignoring a report you paid to have done, that is a FAPE violation.
Distance learning does not excuse a district from providing FAPE — including equipment. If your child cannot access online learning because of their disability — whether due to vision impairment, physical impairment, or inability to use a standard computer — the district must provide accessible equipment. Failure to do so can be a FAPE denial. Document what equipment is missing and demand it in writing.
Transition plans must be genuinely individualized, not a copy-paste template. The district used identical boilerplate language across all three transition planning categories and did not even speak with the student. A legally adequate transition plan must be based on actual assessments of the individual student's preferences, strengths, and goals for education, employment, and independent living. If your teen's transition plan looks generic, challenge it.
You have the right to receive your child's IEP promptly — and to participate before it is implemented. The district did not give Parent a copy of the June 8, 2020 IEP for more than seven months. You are entitled to receive a copy of your child's IEP and to meaningfully participate in decisions before the program is put in place. If a district holds an IEP meeting and then delays sending you the document, request it in writing immediately and document every follow-up.

What Happened

What the District Did Wrong

Failed to consider three independent educational evaluations on time. The district funded IEEs in speech-language (completed January 2020), augmentative/alternative communication and assistive technology (completed August 2019, sent to district February 2020), and transition (completed January 2020) — yet did not present any of them to the IEP team at the June 8, 2020 meeting and, in the case of the speech evaluation, waited until February 2021 (over a year later) to review it. This denied Parent the opportunity to advocate for recommended changes and caused deprivation of educational benefits.
Failed to assess in all areas of need. The district agreed in the 2019 settlement to assess the student in social-emotional functioning and orientation and mobility, but never did so. These were also areas of independently documented need. The failure to assess meant the IEP team never had the information needed to develop appropriate goals and services in those areas.
Failed to materially implement the settlement agreement's service minutes. Physical therapy, occupational therapy, specialized vision services, speech and language, and augmentative/alternative communication services were not delivered at the agreed frequency and duration from the start of the 2019-2020 school year. Wayfinder did not even receive the October 29, 2019 IEP until February 4, 2020, delaying implementation further.
Failed to provide assistive technology. After the AT/AAC evaluator recommended a wheelchair tray, a tablet or laptop stand, and a magnification device, the district provided none of these items. Without them, the student — who has a significant vision impairment — could not face her classmates or access classroom materials.
Failed to provide equipment for distance learning. When schools shifted to remote learning in March 2020, the district did not supply the student with a laptop or tablet, magnification or visual assistance device, adapted toileting system, gait trainer, or adapted stander. A student with vision impairment cannot participate in videoconference-based instruction without a large-screen or magnified display. The district's failure effectively denied the student access to education for the entire distance learning period.
Offered an inadequate IEP for the 2020-2021 school year. The June 8, 2020 IEP contained inaccurate present levels of performance, unmeasurable reading and math goals, speech-language goals that did not emphasize functionality, and a single occupational therapy goal for a student with approximately 30 documented areas of orthopedic need. The transition plan was copied-and-pasted across all three planning categories (education, employment, and independent living) and did not reflect the student's individual goals, strengths, or preferences — in part because the district admitted it did not even interview the student about her transition preferences.
Withheld a copy of the IEP from Parent for over seven months. The June 8, 2020 IEP was not provided to Parent until February 4, 2021, which denied her the ability to consent to, object to, or meaningfully participate in decisions about her daughter's program.
Failed to timely consider the occupational therapy IEE. A July 7, 2020 occupational therapy independent educational evaluation was completed and provided to the district, but the district failed to consider it during the 2020-2021 school year.

What Was Ordered

Speech and Language: 67 hours of direct individual speech-language services and 15 hours of consultation services, plus funding for updated observations by the independent speech-language evaluator — all by a nonpublic agency of Parent's choice.
Physical Therapy: 77 hours of direct physical therapy services and 33 hours of consultation physical therapy services by a nonpublic agency of Parent's choice.
Occupational Therapy: 73 hours of direct occupational therapy services and 11 hours of consultation occupational therapy services, plus funding for a new occupational therapy independent educational evaluation.
Adulthood Transition: 32 hours of direct adult transition services, plus funding for a new adulthood transition independent educational evaluation and a functional vocational independent educational evaluation.
Adapted Physical Education: 53 hours of direct adapted physical education services by a nonpublic agency of Parent's choice.
Specialized Vision Services: 29 hours of direct vision services and 29 hours of consultation vision services by a nonpublic agency of Parent's choice.
Augmentative/Alternative Communication and Assistive Technology: 38 hours of AAC/AT consultation services, a new AAC/AT independent educational evaluation, and — within 30 days of the decision — a wheelchair tray and a laptop or tablet stand as described in the 2019 AT evaluation report.
Academic Instruction: 80 hours of direct academic instruction compensatory education by a nonpublic agency of Parent's choice.
Social Skills: 35 hours of direct or consultation social skills services, plus a social skills independent educational evaluation.
Orientation and Mobility: 35 hours of direct or consultation orientation and mobility services, plus an orientation and mobility independent educational evaluation.
Conditions: All compensatory education must be used by December 31, 2024, or it is forfeited. Sessions missed without 24-hour notice may be subtracted from the total. Parent selects all nonpublic agency providers. The district's other requested denials of relief were sustained.

Why This Matters for Parents

A settlement agreement is only as good as its implementation — keep records and follow up. This case shows that even when a district signs a settlement agreeing to specific services, it may fail to actually deliver them. Parents should track service delivery in writing, request service logs regularly, and raise concerns in writing if services are not starting on time or at the agreed frequency.
Funded IEEs must be shared with the district — and the district must actually use them. The district argued it never received the evaluations, but the ALJ found the evidence established they were sent. Send IEE reports by certified mail or email with a read receipt, and follow up to confirm receipt. The law requires the district to consider IEEs at an IEP meeting within a reasonable time — if they are ignoring a report you paid to have done, that is a FAPE violation.
Distance learning does not excuse a district from providing FAPE — including equipment. If your child cannot access online learning because of their disability — whether due to vision impairment, physical impairment, or inability to use a standard computer — the district must provide accessible equipment. Failure to do so can be a FAPE denial. Document what equipment is missing and demand it in writing.
Transition plans must be genuinely individualized, not a copy-paste template. The district used identical boilerplate language across all three transition planning categories and did not even speak with the student. A legally adequate transition plan must be based on actual assessments of the individual student's preferences, strengths, and goals for education, employment, and independent living. If your teen's transition plan looks generic, challenge it.
You have the right to receive your child's IEP promptly — and to participate before it is implemented. The district did not give Parent a copy of the June 8, 2020 IEP for more than seven months. You are entitled to receive a copy of your child's IEP and to meaningfully participate in decisions before the program is put in place. If a district holds an IEP meeting and then delays sending you the document, request it in writing immediately and document every follow-up.