LAUSD Denied FAPE by Dropping Behavior Services During Distance Learning and Illegally Removing Student

A nine-year-old Los Angeles student with other health impairment and significant behavioral needs was denied a FAPE when LAUSD failed to provide behavior intervention services during distance learning, held an IEP meeting without inviting Parent, and then improperly removed Student from school to a virtual academy without conducting a required manifestation determination. The ALJ ordered LAUSD to place Student in a public special day class, fund 450 hours of one-to-one academic instruction, 23 hours of counseling, 20 hours of behavior intervention development services, and conduct a comprehensive psychoeducational reassessment.

What Happened

Student was a nine-year-old child eligible for special education under the category of other health impairment, due to attention and alertness challenges. Student's IEP required intensive behavior support — including a full-time behavior intervention implementer (BII) and a supervising behavior intervention developer (BID) — along with specialized academic instruction and counseling. When the COVID-19 pandemic forced LAUSD to switch to distance learning in March 2020, the district simply stopped providing Student's behavior services entirely, without convening an IEP meeting or proposing any alternative. Without this one-to-one adult support, Student was unable to consistently log into virtual classes or complete assigned work, and fell further behind academically.

During the 2021-2022 school year, after a serious behavioral incident on February 28, 2022 — in which Student was physically aggressive toward staff and peers — LAUSD removed Student from the school campus and placed Student in City of Angels Virtual Academy, a program combining virtual instruction and independent study. LAUSD did not hold the legally required manifestation determination meeting before making this change, did not provide Parent with advance written notice before changing the placement, and ultimately offered Student placement at a nonpublic school (Slauson Learning Center) whose staff no IEP team member had ever visited. Parent filed for due process in March 2022, and LAUSD filed a cross-complaint seeking to implement the March 4, 2022 IEP without Parent's consent.

What the District Did Wrong

1. Eliminated behavior services during distance learning without an IEP meeting. Student's IEP required 1,800 minutes per week of BII services and 300 minutes per month of BID services. LAUSD provided neither during distance learning, arguing Student's behaviors were only triggered by in-person interactions. The ALJ rejected this argument — Student's IEP described attention and frustration challenges that existed regardless of setting, and the absence of support meant Student could barely participate in virtual classes.

2. Held a May 2021 IEP meeting without Parent present. LAUSD called Parent on a Friday to invite Parent to an IEP meeting the following Monday. When Parent could not attend on one business day's notice, the district held the meeting anyway without Parent's permission, then presented the completed IEP for Parent's signature. The ALJ found this was not meaningful participation — getting a document to sign is not the same as being part of the conversation.

3. Removed Student from school without a manifestation determination. After the February 28, 2022 incident, LAUSD changed Student's placement to City of Angels Virtual Academy without holding the legally required meeting to determine whether Student's behavior was caused by the disability or by the district's own failure to implement Student's IEP. A school district must hold this meeting within 10 school days of a placement change due to conduct.

4. Offered placements that did not meet Student's needs. City of Angels required independent study and online learning — a model Student had already struggled with significantly during the pandemic. Slauson Learning Center, a nonpublic school, was offered without any IEP team member having visited it or being able to explain how it would meet Student's academic, behavioral, or social-emotional needs. The ALJ found neither placement offered FAPE in the least restrictive environment.

5. Failed to provide prior written notice before changing Student's placement. LAUSD did not send its required notice letter until March 10, 2022 — after Student had already been removed from the school campus. Parents are entitled to this notice before a placement change, so they have time to consider their options and respond.

What Was Ordered

Within 20 calendar days, LAUSD must convene an IEP team meeting to offer Student placement in a special day class on a public-school campus as close to Student's home as possible — at a school Student has not previously attended — with a full-time BII and a board-certified behavior analyst (BCBA) as BID starting on the first day.
Within 30 calendar days, LAUSD must contract with a nonpublic agency to assign a full-time BII and a BCBA as BID, and begin integrating Student back into school following the expert's phased reintegration schedule.
LAUSD must fund 20 hours of compensatory BID services to be used within Student's first six weeks back at school.
Within 15 days of full reintegration, LAUSD must present Parent with an assessment plan for both a functional behavior assessment and a comprehensive psychoeducational assessment — covering eligibility under other health impairment, specific learning disability, and emotional disturbance.
Within 45 calendar days, LAUSD must contract with a nonpublic agency to fund 450 hours of one-to-one compensatory academic instruction (usable through December 31, 2025) and 23 hours of compensatory counseling services (usable through December 31, 2023).

Why This Matters for Parents

A district cannot simply drop IEP services because the setting changes. When schools switched to distance learning, LAUSD was still required to provide Student's behavior intervention services — or at minimum, call an IEP meeting to discuss alternatives. If your child's IEP services disappeared during the pandemic without an IEP meeting, that may be a compensable denial of FAPE.
One business day's notice is not enough for an IEP meeting. The law requires districts to notify parents early enough to actually attend. If you were given last-minute notice and the district held the meeting without you, that procedural violation can constitute a denial of FAPE — even if you later signed the IEP.
Before changing a student's placement due to behavior, the district must hold a manifestation determination meeting. This meeting — which must include Parent — determines whether the behavior was caused by the disability or by the district's failure to implement the IEP. Skipping this step is a serious procedural violation, and in this case, the district could not even prove the legal threshold (serious bodily injury) that would allow it to bypass the requirement.
A district cannot offer a placement it knows nothing about. LAUSD's offer of Slauson Learning Center failed because no team member had ever visited the school or could explain how it met Student's needs. If your district is proposing a nonpublic school placement, you have the right to ask specifically how that school addresses your child's academic, behavioral, and social-emotional needs — and the district must be able to answer.

What Happened

What the District Did Wrong

What Was Ordered

Within 20 calendar days, LAUSD must convene an IEP team meeting to offer Student placement in a special day class on a public-school campus as close to Student's home as possible — at a school Student has not previously attended — with a full-time BII and a board-certified behavior analyst (BCBA) as BID starting on the first day.
Within 30 calendar days, LAUSD must contract with a nonpublic agency to assign a full-time BII and a BCBA as BID, and begin integrating Student back into school following the expert's phased reintegration schedule.
LAUSD must fund 20 hours of compensatory BID services to be used within Student's first six weeks back at school.
Within 15 days of full reintegration, LAUSD must present Parent with an assessment plan for both a functional behavior assessment and a comprehensive psychoeducational assessment — covering eligibility under other health impairment, specific learning disability, and emotional disturbance.
Within 45 calendar days, LAUSD must contract with a nonpublic agency to fund 450 hours of one-to-one compensatory academic instruction (usable through December 31, 2025) and 23 hours of compensatory counseling services (usable through December 31, 2023).

Why This Matters for Parents

A district cannot simply drop IEP services because the setting changes. When schools switched to distance learning, LAUSD was still required to provide Student's behavior intervention services — or at minimum, call an IEP meeting to discuss alternatives. If your child's IEP services disappeared during the pandemic without an IEP meeting, that may be a compensable denial of FAPE.
One business day's notice is not enough for an IEP meeting. The law requires districts to notify parents early enough to actually attend. If you were given last-minute notice and the district held the meeting without you, that procedural violation can constitute a denial of FAPE — even if you later signed the IEP.
Before changing a student's placement due to behavior, the district must hold a manifestation determination meeting. This meeting — which must include Parent — determines whether the behavior was caused by the disability or by the district's failure to implement the IEP. Skipping this step is a serious procedural violation, and in this case, the district could not even prove the legal threshold (serious bodily injury) that would allow it to bypass the requirement.
A district cannot offer a placement it knows nothing about. LAUSD's offer of Slauson Learning Center failed because no team member had ever visited the school or could explain how it met Student's needs. If your district is proposing a nonpublic school placement, you have the right to ask specifically how that school addresses your child's academic, behavioral, and social-emotional needs — and the district must be able to answer.