Blind Student Awarded Two Years at Perkins School After District Failed to Provide Qualified Teachers and Braille Support

A completely blind 17-year-old student in Bellflower Unified School District was denied a free appropriate public education for over two years because the district failed to provide a qualified teacher for academic instruction, an aide proficient in braille, sufficient braille transcription services, and a working BrailleNote device. The ALJ found the district materially failed to implement the student's IEP, resulting in regression in academic and braille skills. As a remedy, the district was ordered to fund two full school years — including summer programs — at the Perkins School for the Blind in Massachusetts, plus round-trip travel costs.

What Happened

The student in this case was born completely blind due to microphthalmia and retinal dysplasia, and had been eligible for special education under visual impairment as the primary disability since early childhood. During the 2018–2019 school year (9th grade), the student received academic instruction from a teacher who held both a special education credential and the specific authorization to teach core academic subjects to students with visual impairments. That teacher retired at the end of the school year, and everything unraveled from there. Bellflower Unified could not find a qualified replacement, so it pieced together a program using substitute teachers, a vision specialist who lacked the credential to teach academics, and a moderate-to-severe special education classroom teacher who had no visual impairment training at all. The parent repeatedly rejected these workarounds and demanded the district implement the IEP as written. The district never fully did.

Over the following two-plus years — spanning the transition to COVID-19 distance learning, the return to hybrid instruction, and the start of the 2021–2022 school year — the student went without consistent, qualified academic instruction. The student's BrailleNote (an electronic braille notetaker) repeatedly malfunctioned for months at a time, and the district provided only 60 minutes per week of braille transcription services, far less than the several hours per week an expert said were needed. By the time a qualified teacher returned in fall 2021, the student had regressed in all academic areas and in braille skills. The student was scheduled to receive a certificate of completion at the end of 12th grade but did not have the academic or braille skills to transition to post-secondary life.

What the District Did Wrong

Failed to provide a qualified teacher for specialized academic instruction (Oct. 4, 2019 – Jan. 27, 2022). California law requires that braille instruction be provided by a teacher credentialed to teach students who are blind or visually impaired. The district's offer of substitute teachers and a vision specialist who lacked an academic teaching credential did not meet this standard. The ALJ calculated that over the full period, Bellflower failed to deliver approximately 46,695 minutes of properly credentialed specialized academic instruction — a material failure to implement the IEP.
Failed to offer a one-to-one aide proficient in braille. California Education Code requires that any aide reinforcing braille instruction must be fluent in reading and writing Grade 2 braille. Bellflower never offered such an aide, leaving the student dependent on sighted support rather than developing independence as a braille user.
Provided grossly insufficient braille transcription services. The IEPs offered only 60 minutes per week of transcription from a nonpublic agency. The student's expert, Dr. Sonja Biggs, credibly testified that transcribing all of the student's academic materials into braille required several hours per week. The district offered no persuasive evidence to the contrary.
Improperly reduced services during COVID-19 distance learning. Bellflower cited California Education Code sections 41422 and 46392 (school funding statutes) to justify offering a reduced amount of specialized instruction and orientation and mobility services during the pandemic. The ALJ rejected this rationale, finding those statutes govern school funding — not the obligation to provide FAPE. Guidance from both the California Department of Education and the U.S. Department of Education's Office of Special Education Programs made clear that students with disabilities remained entitled to FAPE regardless of the instructional model.
Materially failed to implement orientation and mobility services. From September 28, 2020 through March 22, 2021, the district provided 80 minutes per week instead of the IEP-required 110 minutes per week, without parent consent. During the 2021–2022 school year, services were suspended entirely for four weeks in October 2021. In total, Bellflower failed to implement 1,030 minutes of orientation and mobility services.
Failed to ensure the student had a working BrailleNote. The student's electronic braille notetaker was nonfunctional for extended periods — including several months in spring 2021 when a mechanical issue went unresolved. The ALJ found it was the district's — not the parent's — responsibility to repair or replace the device. Without the BrailleNote, the student could not independently access academic materials, read, write, or complete assignments in braille.
Failed to include a daily living skills goal in the May 2021 IEPs. The student had a daily living skills goal in prior IEPs; the student's own IEP documents stated such a goal was needed for educational benefit; the parent raised concern about regression in this area; and the student's teacher noted the need for improvement. Despite all of this, the IEP team omitted the goal at the May 11 and 28, 2021 meetings.

What the district prevailed on: The ALJ found the district did adequately consider the student's needs as a blind pupil (Issue 1a) — it held 11 IEP team meetings, discussed the student's blindness-related needs, received parent input, and incorporated findings from the parent's private assessment by Dr. Biggs into the IEP. The district also provided appropriate assistive technology in its offer (the BrailleNote); the failure was in implementation, addressed under Issue 2.

What Was Ordered

Within 30 calendar days, Bellflower must establish a contract with the Perkins School for the Blind (Watertown, Massachusetts) to directly fund the student's placement for the 2022–2023 and 2023–2024 school years, including summer programs in 2023 and 2024.
Bellflower must fund all costs of the Perkins placement, including specialized academic instruction, specialized vision services, vocational and transition services, orientation and mobility services, braille transcription services, assistive technology services, and room and board.
Bellflower must reimburse the cost of three round trips per school year — for the student and one adult travel companion — between the student's California home and Perkins, covering airfare and ground transportation, for a total not to exceed six round trips.
Once the contract is established, the educational rights holder must coordinate with Perkins to complete the student's enrollment, and Bellflower must provide all necessary documentation to support that process.
All other relief requested by the student (including the alternative request for 393.5 hours of compensatory specialized academic instruction and 53.85 hours of orientation and mobility) was denied, as the Perkins placement was deemed sufficient to address the FAPE denials.

Why This Matters for Parents

Your district must find a qualified teacher — not just any teacher. California law requires braille instruction to be delivered by a teacher credentialed specifically to teach students who are blind or visually impaired. If your district cannot fill that position, it is still obligated to find one (through an interagency contract, nonpublic agency, or other means). A substitute or a general special education teacher does not satisfy this requirement, and using unqualified staff is a denial of FAPE — regardless of how long the vacancy has existed.
COVID-19 did not reduce your child's entitlement to services. Funding statutes that allowed districts to be paid during school closures did not eliminate the obligation to provide FAPE. If your child's services were cut during distance learning because the district cited "emergency conditions," those missed services may entitle your child to compensatory education. Document all service logs and any district notices acknowledging gaps.
Assistive technology is only meaningful if it works — and keeping it working is the district's job. The district, not the parent, is responsible for maintaining, repairing, or replacing assistive technology devices provided under an IEP. If your child's device breaks and goes unfixed for weeks or months, that is a material implementation failure. Keep records of every time a device malfunctions, every repair request, and every period of non-use.
Braille transcription hours matter — and "some" is not enough. The amount of braille transcription services in an IEP must be sufficient to actually convert all of the student's written materials into braille. If your child cannot access printed instructional materials because there are not enough transcription hours, document the gap and request an IEP meeting to increase the service. Expert testimony here was decisive in showing 60 minutes per week was woefully inadequate.
Compensatory education can include placement at a specialized out-of-state school. When a district's failures are severe and prolonged enough that the student cannot be adequately compensated through additional tutoring or in-district services, an ALJ has the authority to order placement at a private specialized school — even one that is out of state and not California-certified — as a compensatory remedy. If your child has experienced years of FAPE denials and has significantly regressed, residential or specialized placement may be an appropriate remedy to seek.

What Happened

What the District Did Wrong

Failed to provide a qualified teacher for specialized academic instruction (Oct. 4, 2019 – Jan. 27, 2022). California law requires that braille instruction be provided by a teacher credentialed to teach students who are blind or visually impaired. The district's offer of substitute teachers and a vision specialist who lacked an academic teaching credential did not meet this standard. The ALJ calculated that over the full period, Bellflower failed to deliver approximately 46,695 minutes of properly credentialed specialized academic instruction — a material failure to implement the IEP.
Failed to offer a one-to-one aide proficient in braille. California Education Code requires that any aide reinforcing braille instruction must be fluent in reading and writing Grade 2 braille. Bellflower never offered such an aide, leaving the student dependent on sighted support rather than developing independence as a braille user.
Provided grossly insufficient braille transcription services. The IEPs offered only 60 minutes per week of transcription from a nonpublic agency. The student's expert, Dr. Sonja Biggs, credibly testified that transcribing all of the student's academic materials into braille required several hours per week. The district offered no persuasive evidence to the contrary.
Improperly reduced services during COVID-19 distance learning. Bellflower cited California Education Code sections 41422 and 46392 (school funding statutes) to justify offering a reduced amount of specialized instruction and orientation and mobility services during the pandemic. The ALJ rejected this rationale, finding those statutes govern school funding — not the obligation to provide FAPE. Guidance from both the California Department of Education and the U.S. Department of Education's Office of Special Education Programs made clear that students with disabilities remained entitled to FAPE regardless of the instructional model.
Materially failed to implement orientation and mobility services. From September 28, 2020 through March 22, 2021, the district provided 80 minutes per week instead of the IEP-required 110 minutes per week, without parent consent. During the 2021–2022 school year, services were suspended entirely for four weeks in October 2021. In total, Bellflower failed to implement 1,030 minutes of orientation and mobility services.
Failed to ensure the student had a working BrailleNote. The student's electronic braille notetaker was nonfunctional for extended periods — including several months in spring 2021 when a mechanical issue went unresolved. The ALJ found it was the district's — not the parent's — responsibility to repair or replace the device. Without the BrailleNote, the student could not independently access academic materials, read, write, or complete assignments in braille.
Failed to include a daily living skills goal in the May 2021 IEPs. The student had a daily living skills goal in prior IEPs; the student's own IEP documents stated such a goal was needed for educational benefit; the parent raised concern about regression in this area; and the student's teacher noted the need for improvement. Despite all of this, the IEP team omitted the goal at the May 11 and 28, 2021 meetings.

What Was Ordered

Within 30 calendar days, Bellflower must establish a contract with the Perkins School for the Blind (Watertown, Massachusetts) to directly fund the student's placement for the 2022–2023 and 2023–2024 school years, including summer programs in 2023 and 2024.
Bellflower must fund all costs of the Perkins placement, including specialized academic instruction, specialized vision services, vocational and transition services, orientation and mobility services, braille transcription services, assistive technology services, and room and board.
Bellflower must reimburse the cost of three round trips per school year — for the student and one adult travel companion — between the student's California home and Perkins, covering airfare and ground transportation, for a total not to exceed six round trips.
Once the contract is established, the educational rights holder must coordinate with Perkins to complete the student's enrollment, and Bellflower must provide all necessary documentation to support that process.
All other relief requested by the student (including the alternative request for 393.5 hours of compensatory specialized academic instruction and 53.85 hours of orientation and mobility) was denied, as the Perkins placement was deemed sufficient to address the FAPE denials.

Why This Matters for Parents

Your district must find a qualified teacher — not just any teacher. California law requires braille instruction to be delivered by a teacher credentialed specifically to teach students who are blind or visually impaired. If your district cannot fill that position, it is still obligated to find one (through an interagency contract, nonpublic agency, or other means). A substitute or a general special education teacher does not satisfy this requirement, and using unqualified staff is a denial of FAPE — regardless of how long the vacancy has existed.
COVID-19 did not reduce your child's entitlement to services. Funding statutes that allowed districts to be paid during school closures did not eliminate the obligation to provide FAPE. If your child's services were cut during distance learning because the district cited "emergency conditions," those missed services may entitle your child to compensatory education. Document all service logs and any district notices acknowledging gaps.
Assistive technology is only meaningful if it works — and keeping it working is the district's job. The district, not the parent, is responsible for maintaining, repairing, or replacing assistive technology devices provided under an IEP. If your child's device breaks and goes unfixed for weeks or months, that is a material implementation failure. Keep records of every time a device malfunctions, every repair request, and every period of non-use.
Braille transcription hours matter — and "some" is not enough. The amount of braille transcription services in an IEP must be sufficient to actually convert all of the student's written materials into braille. If your child cannot access printed instructional materials because there are not enough transcription hours, document the gap and request an IEP meeting to increase the service. Expert testimony here was decisive in showing 60 minutes per week was woefully inadequate.
Compensatory education can include placement at a specialized out-of-state school. When a district's failures are severe and prolonged enough that the student cannot be adequately compensated through additional tutoring or in-district services, an ALJ has the authority to order placement at a private specialized school — even one that is out of state and not California-certified — as a compensatory remedy. If your child has experienced years of FAPE denials and has significantly regressed, residential or specialized placement may be an appropriate remedy to seek.