Client Successes

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.