Palm Springs Wins Most Claims, But Must Pay for Missed Speech Sessions and ESY

A parent filed due process against Palm Springs Unified School District on behalf of a 10-year-old student with autism, ADHD, and a muscular dystrophy diagnosis, raising over a dozen FAPE claims spanning the 2020-2021 and 2021-2022 school years. The district prevailed on nearly every issue, including claims about one-to-one aide support, behavior intervention plans, and reading methodology. However, the ALJ found the district failed to deliver 11 hours of required speech services during distance learning and improperly denied the student extended school year services for summer 2022, ordering reimbursement up to $12,560 for a private reading program and 7 hours of compensatory speech therapy.

What Happened

Student was a 10-year-old in fifth grade at the time of hearing, attending Palm Springs Unified on an inter-district transfer permit. Student has diagnoses of autism spectrum disorder, ADHD, and Facioscapulohumeral Muscular Dystrophy, and qualified for special education under the autism and other health impairment categories. Student struggled with reading, writing, math, receptive and expressive language, attention, and behavior. Parent filed a due process complaint in September 2022 raising more than a dozen claims covering two full school years, the COVID-19 distance learning period, and two extended school year seasons.

Parent alleged the district failed to properly assess Student, failed to provide a one-to-one aide during distance learning and in-person instruction, offered inadequate behavior intervention plans and counseling services, failed to implement Student's IEP during the pandemic, denied appropriate extended school year services, and failed to reimburse Parent for a private Lindamood-Bell reading program Student attended in summer 2022. Palm Springs disputed virtually every claim, arguing its supports were appropriate, Student made measurable progress on IEP goals, and any gaps in services were minor.

What the ALJ Found

The ALJ ruled in the district's favor on the vast majority of claims. On the question of a one-to-one aide, the evidence showed Student could be redirected quickly by teachers over Zoom and in person, and multiple assessors found no data supporting a one-to-one behavioral or instructional aide. On behavior intervention plans, counseling supports, reading methodology, and assessment adequacy, the ALJ found Palm Springs knew Student's needs and offered appropriate interventions throughout the relevant period. The district also prevailed on the toileting claim, where Parent sought a dedicated female aide but the evidence showed Student generally did not need toileting assistance at school. On reading methodology, the ALJ confirmed that districts are not required to use a specific program like Lindamood-Bell as long as their chosen approach is reasonably calculated to provide educational benefit.

The district lost on two issues. First, the evidence showed Palm Springs failed to deliver 22 out of 56 required speech and language sessions — 11 hours of missed services — during distance learning from September 2020 through April 2021, and Student's speech pathologist admitted this negatively impacted his progress. Second, by March 2022 the district had documented evidence that Student regressed over summer 2021 in reading fluency and comprehension and had not fully recouped those skills months later. The ALJ found the district should have recognized this pattern as a warning sign and offered extended school year services for summer 2022, but failed to do so.

What Was Ordered

Palm Springs must reimburse Parent for the actual cost of 80 hours of the summer 2022 Lindamood-Bell program, not to exceed $12,560 (60 hours for the compensatory academics violation and 20 hours for the ESY violation).
Parent must first provide Palm Springs with proof of the tuition amount, proof of payment, and loan documentation within 30 days of the decision.
Palm Springs must provide Student 7 hours of in-person, one-to-one compensatory speech and language services, delivered by a district provider, completed no later than the end of the 2023-2024 school year.
All other requests for relief — including prospective Lindamood-Bell services, a one-to-one aide, and private compensatory speech — were denied.

Why This Matters for Parents

Track every missed service session in writing. The parent won on speech services specifically because the evidence showed 22 sessions were simply never delivered. Keeping a running log of missed appointments and requesting written explanations creates exactly the kind of record that proves a material implementation failure.
Regression over school breaks can be the key to getting extended school year services — but you need data. The ALJ ordered ESY compensation because the district's own staff acknowledged Student regressed over summer 2021 and hadn't recouped skills months later. If your child loses skills over breaks and struggles to catch up, document it through progress reports, teacher observations, and assessments. Request that the IEP team formally address ESY eligibility using that data.
A parent's preference for a specific methodology — like Lindamood-Bell — is not legally required in the IEP. Districts have discretion to choose their instructional methods as long as the approach is reasonably calculated to provide educational benefit. To challenge a district's reading program, you need evidence showing the program is ineffective for your child specifically, not just that a different program is preferable.
Reimbursement for private programs is possible even when the program wasn't perfect. The ALJ awarded partial reimbursement for Lindamood-Bell even though the evidence of benefit was mixed, because Parent acted in good faith and the district's own compensatory offer was inadequate. However, the award was reduced — from 140 hours to 80 hours — because the program was deemed excessive. Keep costs reasonable and document what you paid with receipts and loan records.

What Happened

What the ALJ Found

What Was Ordered

Palm Springs must reimburse Parent for the actual cost of 80 hours of the summer 2022 Lindamood-Bell program, not to exceed $12,560 (60 hours for the compensatory academics violation and 20 hours for the ESY violation).
Parent must first provide Palm Springs with proof of the tuition amount, proof of payment, and loan documentation within 30 days of the decision.
Palm Springs must provide Student 7 hours of in-person, one-to-one compensatory speech and language services, delivered by a district provider, completed no later than the end of the 2023-2024 school year.
All other requests for relief — including prospective Lindamood-Bell services, a one-to-one aide, and private compensatory speech — were denied.

Why This Matters for Parents

Track every missed service session in writing. The parent won on speech services specifically because the evidence showed 22 sessions were simply never delivered. Keeping a running log of missed appointments and requesting written explanations creates exactly the kind of record that proves a material implementation failure.
Regression over school breaks can be the key to getting extended school year services — but you need data. The ALJ ordered ESY compensation because the district's own staff acknowledged Student regressed over summer 2021 and hadn't recouped skills months later. If your child loses skills over breaks and struggles to catch up, document it through progress reports, teacher observations, and assessments. Request that the IEP team formally address ESY eligibility using that data.
A parent's preference for a specific methodology — like Lindamood-Bell — is not legally required in the IEP. Districts have discretion to choose their instructional methods as long as the approach is reasonably calculated to provide educational benefit. To challenge a district's reading program, you need evidence showing the program is ineffective for your child specifically, not just that a different program is preferable.
Reimbursement for private programs is possible even when the program wasn't perfect. The ALJ awarded partial reimbursement for Lindamood-Bell even though the evidence of benefit was mixed, because Parent acted in good faith and the district's own compensatory offer was inadequate. However, the award was reduced — from 140 hours to 80 hours — because the program was deemed excessive. Keep costs reasonable and document what you paid with receipts and loan records.