Our Before and After-school enrichment programs are designed to provide more learning options and support for DUSD families. Code, 56000, subd. Vice President Salomon Saldana . The Downey Unified School District's administrative infrastructure is appropriately staffed to support the full range of special education programs and services as follows: Program director (1) Program administrators (4) Early intervention Elementary Middle school and all NPS/PACE case-management High school through Adult Transition Mental He was slower to participate in physical activities in relation to same age peers. Finally, District was not required to train or promote Students instructional aide. Dear Superintendent Garcia: In November 2011, the U.S. Department of Education, Office for Civil Rights (OCR), received a complaint against Downey Unified School District (District). If you are unable to add attachments, please email EDJOINHelpdesk@SJCOE.Net to open a ticket and we will follow up with you. )), 13. ), 27. Students mother attended all days of hearing. I. $132,996 ~ $143,960 (+ $2,849 for Doctorate if Applicable). 2001) 267 F.3d 877 (Amanda J. 35. Our IT team is working on updates to resolve this as soon as possible. An assessment plan for adaptive physical therapy was offered. The Board of Education also requires that school personnel take immediate steps to intervene when it is safe to do so and when he or she witnesses an act of discrimination, harassment, intimidation or bullying. 3 0 obj The evidence from District and Student showed that Student required external support to be prepared for learning, to address fidgeting, slouching and slumping in his chair, and bumping into objects and people. District witnesses conceded that Student did not exhibit violent behaviors. Ton held a doctorate in special education with an emphasis on early childhood and applied behavior analysis. Parent requested an occupational therapy assessment. 5. 1401(9); 34 C.F.R. Using the Bruininks-Oseretsky Test of Motor Proficiency, Second Edition, Ms. Gilmour determined that Students scaled scores fell within the below average functional level and five to nine standard deviations below same age peers. A FAPE means special education and related services that are available to an eligible child at no charge to the parent or guardian, meet state educational standards, and conform to the childs IEP. DECISION Robert S. Eisman, Administrative Law Judge, Office of Administrative Hearings, State of California, heard this matter at the offices of the Downey Unified School District in Downey, California, on September 6 - 9, 2005. PARENT ON BEHALF OF STUDENT, We are very sorry for any inconvenience this may have caused. Each year, millions of students neglect to fill out the FAFSA and, in doing so, miss out on the chance to receive federal student aid. The CDE makes no Downey Adult School Niche users from this school district are most interested in the following colleges. 22. Special Education Law, Advocacy Resources, Hearing & Appeal Decisions, Statistics and More for Parents, Tags: ALJ - Cole Dalton, Attention Deficit Disorder - ADD, Autism/Autistic-Like Behaviors (ASD), Classroom Aide, Downey Unified School District, Los Angeles County, Physical Therapy - PT, Sensory Needs, Southern California, Split Decision, Student Represented by Special Education Attorney/Lawyer, Training for District Staff Ordered, BEFORE THE District staff acknowledged that Student and his aide had a very close, familial type relationship. Behavior aides were specifically trained to provide systematic prompts and prompt fading to build independent skills. It contains a wide variety of information including school performance indicators, student and staff demographics, expulsion, suspension, and truancy information and a variety of test results. 42. Each time he went to the counselors office, he lost instructional time. Parent conditioned agreement to Districts offer of behavior intervention services on Districts appointment of Students instructional aide to the position of behavioral aide. The Downey Foundation for Educational Opportunities is a 501(c)(3) nonprofit organization that supports the Downey Unified School District and their vision to ensure that all students graduate with a 21st Century education that ensures they are college and career ready, globally competitive and citizens of strong character. (20 U.S.C. Parent agreed to the goals, accommodations, modifications, and statewide assessments. 300.320(d); Ed. District made a clear, written, specific formal offer of placement and services designed to meet Students unique needs in the areas of speech and language, behavior, and academics in its IEPs of October 14, 2015 and March 14, 2016. (9th Cir. 1414(d)(1)(A)(i)(VII); 34 C.F.R. 58. Ms. Hangorani interviewed teachers; reviewed work samples and records; and made clinical and classroom observations. The team discussed present levels of performance, progress on goals from the annual IEP, and accommodations. Student was instructed to work on a biography of Sally Ride, review notes on the assignment, annotate his book with sticky notes and draft the biography. Nonetheless, she credibly demonstrated Students needs, which would warrant a behavior aide, such as non-compliance, task refusal, protest behavior, arguing with his instructional assistant, and frustration tolerance. We want our students to find the path thats right for them as they determine their futures, whether thats beginning a career or continuing their education. Downey filed its response to Student's case on June 17, 2019 which permitted the hearing to go forward. Ensures Program Availability for all Children with Disabilities Curriculum Development and Support Staff Development 20. Downey Foundation for Educational Opportunities. 23. H. Responsible for the preparation and monitoring of school site budgets, including allocation of Special Education resources, as appropriate. By focusing on the underlying neurological basis for movements, a physical therapist works on building the underlying skills that allow a child to perform the gross motor skills taught by adaptive physical education. (Gulbrandsen v. Conejo Valley Unified School Dist. California Special Education Law. Dr. Downey Adult School 12340 Woodruff Ave Downey, CA 90241 (562) 940-6200 She described the purpose of occupational therapy was to look at Students ability to participate in school-based activities in fine motor, visual motor, self-help skills, and sensory processing and modulation skills. We are aware of the "Add Attachment" issue. Her opinions were based solely on the information contained in Ms. Gilmours report, which gave her an idea of Students functioning.. Valid California Drivers License. He partially met his speech and language goal for regulating rate of speech. 300.501(a) Ed. applying to and cannot be provided by the EDJOIN Help Desk. <>/Metadata 158 0 R/ViewerPreferences 159 0 R>> Ms. Cobbs was a licensed physical therapist in the State of California for 14 years. Downey Unified School District 11627 Brookshire Avenue Downey, CA 90241 562-469-6500 We believe in preparing children for the future as early as possible, and sustaining access and resources throughout their years in Downey Unified. Ms. Raridon explained the need for four hours per month of behavior aide supervision by a Board Certified Behavior Analyst. Students instructional aide did not qualify to obtain the classification to become a behavior aide, at that time. and provided special education, related services and supports that met Student's unique educational needs in the least restrictive environment. Because District failed to address Students sensory needs in the IEPs of October 14, 2015 and March 14, 2016, it denied Student a FAPE. Ms. Gilmour credibly demonstrated Students needs in the areas of strength, motor coordination, balance, endurance/cardiovascular fitness, postural core stability, and gait. Further, Student exhibited difficulties with his gait and postural stability. You must be logged in to apply for this job. New York Schools: More Financial Aid For Undocumented Students? Dist. 2005) 401 F.3d 516, 524. 26. Please enter a username or email address. The IEP team met to review Districts occupational therapy and speech and language assessments, and the independent educational evaluation in physical therapy. 1993) 993 F.2d 1031, 1041. Though Student tried very hard to participate, he was concerned that he was always the slowest one in class. Parents report was consistent with reports from other District staff. 300.321(a).) The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child. No. Her duties as program specialist included providing one-on-one applied behavior analysis to students, creating and modeling applied behavior analysis classroom strategies, development of behavior programs, implementation of data collection systems, and providing behavior support and training to staff. 1415(i)(2)(C)(iii) [standard of review for IDEA administrative hearing decision is preponderance of the evidence].) ), 3. 2016031344 DECISION Student filed a due process complaint with the Office of Administrative Hearings, State of California, on March 18, 2016, naming Downey Unified School District. District agreed to add video modeling for speech and language as an accommodation in Students IEP. 12340 Woodruff Ave This is the percentage of students who are eligible to receive free or reduced price lunch. She was the lead occupational therapist for District at the time of hearing. 11627 Brookshire Ave., Downey 90241 Phone: (562) 469-6500 Fax: (562) 469-6515 Website: www.dusd.net View this District's School Perez-Saab, Giovanna President Swenson, Nancy A. The goal was designed to teach Student positive coping skills and would be implemented by school staff, the behavior aide and the Board Certified Behavior Analyst. Student scored in the average range on each of the subtests. All applications will be screened, and the top candidates will receive interviews. Downey Unified ( School Profiles) County. Shiksha Hingorani conducted Districts occupational therapy assessment of Student in January and February of 2016. 20. Advocacy Resources, Hearing & Appeal Decisions, Statistics and More for Parents. (34 C.F.R. Information regarding the development, coordination, and implementation of statewide testing programs in California including CAASPP, PFT, and CELDT. He would attempt avoidance and sometimes demand that his aide do the work for him. District witnesses admitted that Student had difficulty running, maintaining posture, and flopped his feet when walking. The distinction is that physical therapy looks at functional skills a student needs to access the educational setting, while an adaptive physical education teacher looks at gross motor development and a students performance in relation to his or her peers. In this matter, Student has the burden of proof on all issues. 2014 - 20162 years. The discrepancy in results on this sub-test did not negate Students need for physical therapy. Niche ranks nearly 100,000 schools and districts based on statistics and millions of opinions from students and parents. Niche requires Javascript to work correctly. Salary. After six months of such implementation, Student seeks a re-evaluation of progress towards goals. Calexico Unified School District is an AA/EOE Calexico Unified School District is an Equal Opportunity Employer and does not discriminate on the basis of age, race, religion, sex, creed, color, national origin, or union status. Please try again, or contact the EDJOIN. Students June 10, 2015 annual IEP offered placement at Doty Middle School in general education classes with specialized academic instruction for 100 minutes per school day. Students speech language pathologist observed Student being given a high level of verbal prompting from his instructional aide, in class. Code, 56363, subd. Student ate lunch, generally, with his aide and a sibling. (562) 469-6500. Four hours would be sufficient to accomplish these tasks. (20 U.S.C. ABOUT US. His instructional aide had not been able to extinguish the meltdowns despite having worked with Student since first grade. Administrative Law Judge (collectively referred to as the Directory), contain information about California schools, districts, and The weight of the evidence showed that the transition period would lessen Students frustration and anxiety. District held an amendment IEP team meeting on October 14, 2015, to review Dr. Morriss evaluations. or have errors, omissions, typos and other inaccuracies. When a school district seeks to prove that it provided a FAPE to a particular student, it must also show that it complied with the procedural requirements under the IDEA. . Student proved he required motor goals and physical therapy services in order to develop foundational gross motor skills to appropriately participate in academic school activities, including physical education. This posting is locked only for district employees, in order to apply, you need to provide a password and click "Submit". 2008) 541 F.3d 1202, 1210 quoting Amanda J., supra, 267 F.3d at p. 10.). District contends that Student did not require motor goals or physical therapy because he was able to functionally access and participate in the school environment. It has 22,216 students in grades K-12 with a student-teacher ratio of 25 to 1. For your safety and protection, your session is about to expire. Credential Copy (Valid California Administrative Credential), Letter(s) of Recommendation (3 letters of recommendation no older than 1 year. 2006) 464 F.3d 1025, 1034 [student, who was denied a FAPE due to failure to properly implement his IEP, could most benefit by having his teacher appropriately trained to do so].) 1415(b)(6); 34 C.F.R. 16. 26. 2008080580] [requiring training on predetermination and parental participation in IEPs]; Student v. San Diego Unified School Dist. There was no accommodation in the IEP allowing opt out. 50. Services shall be provided by either a District or non-public agency physical therapist and adaptive physical education teacher, at Districts discretion. Overview Jobs. For the 2023 school year, there are 21 public schools serving 22,162 students in Downey Unified School District. *Note: Whether a student was denied a FAPE is determined by looking to what was reasonable at the time, not in hindsight. The main purposes of the IDEA are: (1) to ensure that all children with disabilities have available to them a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living, and (2) to ensure that the rights of children with disabilities and their parents are protected. She made no findings regarding Students ability to access his physical education curriculum. <> % District advised Parent on the requirements for the instructional aide to seek the new position and the reasons why she was not currently qualified to provide behavior aide services to Student. Using the restroom and eating with ones peers are aspects of a childs school curriculum. According to Ms. Gilmour, Students deficits impeded his ability to access his physical education curriculum in that he lacked foundational skills necessary to keep pace with his peers. An IEP is developed by an IEP team. 1. Mo. It has 22,216 students in grades K-12 with a student-teacher ratio of 25 to 1. (Amanda J. v. Clark County School Dist. Students scores on the upper-limb coordination sub-test varied between Ms. Hangorani and Ms. Gilmours assessments. (20 U.S.C. For longer responses, we recommend typing your responses in a separate document, then copying that into your application. Average SAT composite score out of 1600, as reported by Niche users from this school. 18. Sports and extra curricular are also prioritized and encouraged alongside academics. 17. School Psychologist Kathy Thompson confirmed these difficulties in her observation of Student in his English language arts class. We found multiple accounts associated with this email address. 31. Student contends District denied him a FAPE because it failed to offer Student motor goals to address Students needs in the areas of balance, strength, motor coordination, bilateral coordination, and running speed and agility. Districts own physical therapist, Ms. Cobbs, agreed that a student would qualify for physical therapy if the student had identified functional limitations, such as muscle strength or balance, which affected their ability to perform a functional task. Parent disagreed with Districts failure to include extended school year services in the October IEP. 37. Please address all of your letters to Ms. Alyda Mir, Assistant Superintendent, Certificated Human Resources. 47. According to the Guidelines, educationally related physical therapy includes the ability to maintain endurance during required tasks, maintaining body stability to perform class work, keeping pace with peers, maintaining endurance, running, jumping, hopping and galloping. 16. The IEP team must include: 1) one or both of the students parents or their representative, 2) a regular education teacher if a student is, or may be, participating in the regular education environment, 3) a special education teacher, and 4) a representative of the school district who is qualified to provide or supervise specially designed instruction to meet the unique needs of children with disabilities, is knowledgeable about the general education curriculum and is knowledgeable about available resources. First, the tribunal must determine whether the district has complied with the procedures set forth in the IDEA. District witnesses opined that the amount of time Student would spend in physical therapy would take away from his work in the core curriculum. According to Ms. Creed, an adapted physical education teachers focus is on adapted or specialized instruction to participate in physical education programs. She did not recall whether the need for physical therapy was even specifically addressed at the meeting. As the state educational agency, CDEs Guidelines for therapists in the school setting are entitled to deference. 1414(d)(3)(A); 34 C.F.R. Attorney Karen Gilyard represented District. Subject to limited exceptions, a request for a due process hearing must be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request. 24. In order to login in please enter your username and password below and then click the red Login button. Examples of physical therapy include aerobic capacity/endurance, gait, locomotion and balance, motor function (motor control and motor learning), movement frequency, pattern, and controlled muscle performance (including strength, power, and endurance), neuro-motor development and sensory integration, posture, self-care (including activities of daily living), sensory integrity (including proprioception and kinesthesia). 29. Why Every High School Student Should Apply for Financial Aid. Ms. Gilmour opined that these deficits impacted Student educationally in that he was accident prone, rushed through writing activities, could be stubborn and uncooperative, resisted eye contact, was distracted by background noises, and did things in ways that were harder in that he moved more slowly than same age peers. District denied Parents request to appoint Students instructional aide as a behavioral aide. 15. 4 0 obj (Rowley, supra, 458 U.S. at pp. All required IEP team members were present. 45. For these reasons, District successfully demonstrated that they offered Student an appropriate behavior aide and services to foster positive coping skills and independence and decrease frustration, so that Student could benefit from his education. Ton was a nationally certified Board Certified Behavior Analyst at the Doctoral level. Ms. Gilmour conducted a thorough independent educational evaluation of Student to address physical therapy needs. 31. endobj California Department of Education OAH Case No. 6. 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