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a. Appropriate Assessments b. Case Law: What Judges are Saying
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Appropriate Assessments
• A school district’s failure to conduct appropriate assessments or to assess in all areas of suspected disability may constitute a procedural or substantive denial of a FAPE.
Ed. Code, § 56320, subd. (f); Park v. Anaheim Union High School District, et al. (9th Cir. 2006) 464 F.3d 1025, 1031‐1033.
• Sufficiently comprehensive to identify all of the child’s special education and related service needs, whether or not commonly linked to the disability category of the child.
34 C.F.R. § 300.304(c)(6).
• Sufficiently comprehensive and tailored to evaluate specific areas of educational need.
– A student does not qualify as a child with autism if his/her educational performance is adversely affected primarily because the child has an emotional disturbance.
• It is more difficult to be eligible under the category of autism if identified after age 3.– However, a child who manifests these
characteristics after age 3 could be identified as having autism if he or she meets the other eligibility criteria.
Definition: California Law• Autistic‐like means any combination of:
1. An inability to use oral language for appropriate communication.
2. A history of extreme withdrawal or relating to people inappropriately and continued impairment in social interaction from infancy through early childhood.
3. An obsession to maintain sameness.4. Extreme preoccupation with objects or inappropriate use of
objects or both.5. Extreme resistance to controls.6. Displays peculiar motoric mannerisms and motility
• Does the eligibility category matter?– What matters is that the IEP offers a FAPE.– Individualized education program.– Focus on needs, not eligibility category, as what should drive the IEP process.
• A student does not qualify as a child with autism under the IDEA simply because he or she exhibits some traits of autism outside of the educational setting.
• La Mesa‐Spring Valley School District (SEA CA 2009) 109 LRP 54643.– Child experienced tantrums, social difficulties and
sensitivity to noise outside of school. – In school, he followed directions, made appropriate eye
contact with his teacher and classmates, stayed on task, and attempted to interact socially with classmates.
– RESULT: ALJ agreed that student was not eligible.
The Methodology Debate • ABA• TEACCH• Discrete Trial Training • Relationship
Development Intervention
• Floor time• SCERTS• Social Stories• Visual Cues/Schedules• PECS• Others
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“Based on Peer Reviewed Research”
• Must include a statement of special education and related services and supplementary aids and services, based on peer reviewed research to the extent practicable, to be provided to the child.
• What do judges consider when evaluating whether a district is appropriately educating students with autism?– Whether the program is reasonably calculated to
provide a child with an educational benefit, rather than focusing on selection of a particular educational methodology, an area where districts are accorded broad discretion.
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