Best Best & Krieger News Feed

Best Best & Krieger Wins Case for School District

23 Jul 2009 00:00:00 -0800

Attorney Jack B. Clarke, Jr. Wins On All Claims

July 23, 2009

An administrative law judge ruled in favor of Moreno Valley Unified School District in a special education case handled by Jack B. Clarke, Jr. of Best Best & Krieger.

In a due process request filed by the student last December, a student accused the district of failing to provide him a free appropriate public education, known as FAPE, for his special education needs. The district filed its own due process request a month later.

The district alleged that its individual education plan issued on Nov. 13 had provided a FAPE. The district further claimed that it should be allowed to conduct its own medical assessment of the student, over the parents’ objection, if the parents wanted the district to provide special education and related services to the student.

After a 14-day hearing that spanned over three months, the judge issued her decision on July 14, ruling entirely in favor of Clarke's arguments. She denied all of the student’s claims for relief, and said the district may obtain a medical assessment of the student.

BB&K Attorney Successfully Represents School District in Due Process Hearing

01 Jan 1900 00:00:00 -0800

Steven Lake, an Of Counsel in the firm's San Diego office, prevailed in a Due Process hearing on behalf of Capistrano Unified School District. The June 29, 2007 decision in Capistrano Unified School District, No. N2006120443, allows CUSD to implement the Student's IEP without his Parents' consent. The Administrative Law Judge agreed that CUSD appropriately assessed the eighth-grader with a Specific Learning Disability (in Mathematics processing) in all areas of suspected disability. Though his Parents believed the Student had behavioral and attention issues, the ALJ found he had superior cognitive abilities, strong written and oral language skills, and an age-appropriate attention span. Nor did he have sensory processing problems or occupational therapy needs. The ALJ heard evidence from CUSD's credible and persuasive witnesses that the Student was sociable, had friends, behaved typically for an eighth-grade boy, and did not have any significant behavior problems. In addition, CUSD offered an IEP designed to meet Student’s unique needs and offered appropriate goals and objectives.. Moreover, there was no evidence the Student needed additional services beyond what CUSD offered in its IEP.

Case Win: Reversal of Special Ed. Decision for Riverside USD

01 Jan 1900 00:00:00 -0800

BB&K's School Law Practice Group successfully reversed a Special Education Hearing Officer's decision before the U.S. District Court, Central District of California on August 27, 2003.

The Hearing Officer's decision stated that RUSD had failed to identify a student as eligible for special education services and that the parents of the child should be reimbursed the cost of special education services they independently provided. In a cross-complaint, the parents also sought reimbursement for attorneys fees. The Court denied that request.