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Please note that the recruitment is free of charge. He had occasional toileting accidents at school when he was upset. He washed and dried his hands and cleaned up after meals. The team noted that Student did not require assistive technology devices or services, and that his primary language was English. He was easily frustrated and had difficulty with compliance, rigidity, self-regulation, social negotiation, aggression, and coping skills.
The team recommended positive behavioral interventions and supports. The team developed four annual goals, each with short-term objectives. The goal required that Student appropriately and independently initiate interactions with peers throughout his school day, with 80 percent accuracy over four occasions, as measured by data taken by the SLP, and classroom teacher observations. The goal was to be implemented by the SLP and the special education staff.
The short-term objectives gradually increased the percentage of time that Student was to perform the goal, and the amount of modeling or prompting. The goal required that Student appropriately and independently engage in dialogues of at least three to four turns with peers with 80 percent accuracy over four consecutive occasions, as measured by SLP data and by classroom teacher observations.
The short-term objectives gradually increased the time that Student was to perform the goal, the number of conversational turns, and the amount of modeling or cueing. The short-term objectives gradually increased the percentage of accuracy at which Student was to perform the goal.
The goal required that Student follow adult directions and participate in class activities with 80 percent accuracy on four out of five, consecutive days, as measured by class data and teacher observation. The team decided that Student would receive visual and sensory supports as needed at school. The team offered placement in a regional special education preschool class at Flora Vista for four days per week, with one hour per month of OT consultation services, and 30 hours per year of group LAS.
Student would be in special education 80 percent of the time. He would not participate in the general education environment for speech therapy and social and behavioral support. He was to participate in general physical education. The District would provide transportation. The team also offered extended school year ESY , including one hour per month of OT consultation, to assist with Goals 3 and 4 and to develop sensory strategies.
The IEP notes stated that the results of the transdisciplinary assessment were reviewed, and that parents had an opportunity to ask questions about the assessment. The team discussed the requirements of eligibility under the category of specific learning disability, but decided that Student met the eligibility criteria for autism.
The notes state that the team would revisit the issue as to whether Student met the criteria for eligibility as a student with specific learning disability in the future, when school would place greater academic demands on Student. The notes stated that Mr.
The team reviewed present levels of performance, developed goals and objectives, and discussed accommodations and modifications. The notes state that the team considered a continuum of services. The Flora Vista preschool class the District offered to Student met in the afternoon, from a.
The District members of the IEP team had initially considered offering the program for two days per week, but offered it for four days per week after discussion. At hearing, the evidence reflected that Mother and Ms. Parents declined to consent to the IEP. The District agreed to provide information regarding the hours of and possible openings in a regional program in Del Mar. Dawson, Ms. Sorg, and Ms. Little testified consistently with the IEP document that the topics in the IEP document were discussed, and that Parents and their invitees at the IEP meeting commented and asked questions.
Mother, Ms. Trump, and Dr. Trump and Dr. However, the weight of the evidence demonstrates that Parents had the opportunity to raise their questions and concerns, and that the District addressed those questions and concerns. This is substantiated by the testimony of Mother, Ms. Furthermore, the IEP meeting notes are a contemporaneous written record of the meetings.
There was no issue at hearing regarding whether Parents had received the IEP and its notes. At hearing, Dr. She received her M. She is licensed as a clinical psychologist by the State of California, and has had a private practice as a child clinical psychologist in San Diego since She has extensive experience as a researcher, writer, instructor, and presenter regarding issues affecting children with autism, developmental, emotional, and mental health disabilities, including social-emotional and behavior issues.
Since , she has served as an adjunct instructor in the Special Education Advocacy Certificate program in the Continuing Education Department at the University of San Diego, where she teaches a half-day course on Psychological Assessment two semesters a year. She treated him for approximately six or seven sessions. She also had involvement with the family in coordinating care and obtaining services for Student. She has no training as an occupational therapist or speech pathologist.
She has not assessed Student, or administered any standardized tests to him. She never formally observed Student at Del Mar Hills, but she informally observed him there for a few minutes when meeting with staff there.
He had social deficits in terms of play skills and social communication, speech delays, and delays in fine motor skills. For example, he had difficulty manipulating and using a toy hammer in her office.
He also had difficulty grasping a pencil and coloring. He had toileting accidents. He was sensitive to touch, taste, smell, and noises. Behaviorally, if he did not have the communication skills to express himself, if he felt overly challenged, or if he was reacting to sensory issues, he would engage in such behaviors as crying, throwing himself on the ground kicking and flailing, knocking things over, and pushing things away, and he might have a toileting accident. He had meltdowns if his space was violated.
She also criticized the OT assessment, particularly because there was no standardized assessment to identify sensory needs and their significance. She thought that the IEP goals were deficient, as they did not address holding a pencil correctly, writing, following routines and transitions, and problem behaviors such as crying and tantruming.
She did not believe that Goal Number 3 was sufficient to address those areas. She also felt that goals on daily living skills, such as toileting and eating, were necessary. She criticized its schedule, its length, and its nature as an SDC. She also did not believe that the school day and week were sufficiently lengthy. She felt that Student needed, and could handle, a longer school day and lengthier school week.
She referred to research that had concluded that children such as Student needed a minimum of direct one-to-one intervention for 25 hours per week, equivalent to a full-day program of 5 days per week. She also referred to research on child development that he should have two hours per day of free play, such as recess, lunch, and other non-academic time, when he can learn to generalize his skills, and the offered placement did not allow for that amount of free play time. Furthermore, Student had difficulties transitioning, and a five-day week would minimize any difficulty transitioning back to school on Monday.
She was also concerned that the program was an SDC, when she believed Student should be mainstreamed because of his cognitive abilities and because he needed to interact with typical peers, who could serve as role models for him. She also testified that the services offered were not sufficient for his needs. He needed additional OT, a behavioral plan, and support for social interactions with typical peers.
She wanted to continue discussing the placement, but the District simply said that the Flora Vista placement was the offer. There was no discussion of placing him in a typical class. She testified that Student needed compensatory education, consisting of at least 20 minutes daily in each area, including direct OT and direct instruction in social skills.
She wrote a letter report on May 15, , in which she elaborated upon and affirmed many of the matters to which she testified. The report recommends that Student participate in a preschool setting five days per week for a full week with the following interventions: 1 active participation with typical peers and a minimum of 2 hours per day of free play opportunities that are supported by an autism-trained adult; 2 a structured environment that provides regular immediate positive reinforcement; 3 staff trained in autism, behavior management, and ABA techniques, which support can be provided through direct teaching staff or a one-to-one aide; 4 one-to-one and group speech therapy services; 5 weekly OT to address his significant sensory sensitivities, including feeding issues, underdeveloped fine and gross motor skills, and his significantly impaired self-regulation skills; 6 a behavior management plan; and 7 a teacher-parent communication log to ensure daily communication.
The proposed placement at Flora Vista had, at a minimum, one teacher and two trained instructional assistants. The maximum number of students was 12, but, at the time the placement was offered, there were only children in the placement.
There were morning and afternoon preschool SDC programs, as well as morning and afternoon preschool general education programs, provided by the YMCA.
The students could go back and forth between the SDC and general education programs. In accordance with his IEP, Student would spend 20 percent of his time with his general education peers, including at recess, music, and various learning centers.
The children in the morning SDC had more intensive needs than those in the afternoon SDC, and those in the afternoon program were higher functioning. Many of the children in the afternoon program entered general education kindergarten this year. The classrooms were divided into learning centers, and at least one center every day focused on social skills. There was an autism specialist and a behavioral specialist available. There were rich language opportunities throughout the day, as the SLP was frequently present, and met weekly with staff to consult with pragmatics and social skills.
The program also included approximately four parent education meetings per year. The District believed that this placement was appropriate. The District believed that Student would be able to move to general education without a one-to-one aide, but he needed a more structured environment to develop his skills.
Additionally, District felt that day care would be more convenient for Parents if Student was in a nearby placement. Subsequent to the IEP meeting, and before it reconvened on January 26, , Mother visited the offered placement at Flora Vista for over an hour. She observed the proposed classroom for approximately minutes. She observed at story time, and noticed aides standing behind some children.
She saw only one typical child. She observed that there were two activities before lunch, and if he were not successful with those activities, he would be going to lunch in a state of escalation and would not able to eat. Then, he would want to nap but he would be expected to participate in additional activities instead.
At some point, Ms. Little suggested a placement in a regional program in Solana Beach. Mother and Ms. Nest observed three classrooms, an inclusion classroom, which seemed chaotic to Mother, and which Mother thought would not be appropriate for Student.
Nest also showed Mother another, quieter classroom, and then a third classroom, which Ms. Nest told Mother would be appropriate for Student. Throughout this period, Student continued to attend preschool on a part-time schedule at Del Mar Hills.
The team members who attended were Ms. Bariuan and Mr. Sorg, Ms. Little, Ms. Groom, and Ms. The meeting lasted approximately one and one-half hours. The notes specify that the team had the opportunity to discuss Mr. Deak acknowledged that his report was discussed, and that he probably was asked questions about it.
Parents expressed their goal that Student be mainstreamed full time into a general education pre-school program. District offered placement in the regional special education afternoon preschool program at Flora Vista four days per week a. This is the same program as it had offered at the January 7, , four days per week.
District did not convey to Mother that it planned to observe him in the Flora Vista placement and collect behavioral data on him during those 30 days, to assist in the transition planning to the YMCA program. The IEP notes reflected that the team reviewed the goals and objectives developed at the last meeting, with the staff explaining each goal in further detail.
The notes also state that Parents had the opportunity to ask questions regarding teaching strategies, supports, and accommodations. The team notes also reflect that Parents expressed concerns that the Flora Vista program was in the afternoon, and was not encompassing enough.
The notes also stated that Del Mar Hills staff commented that Student had made significant progress and was accustomed to a half-day routine. He continued to have difficulties during lunch, but had made progress, and he was more compliant during circle time, but did not seem to be cognitively following the discussion. Mother had not observed the proposed YMCA program. The team gave Mother no details as to the when or why Student might be placed there.
Mother did not believe that Student would be successful in such a general education environment without an aide, that the program would not meet his needs, and that the program was not of sufficient length.
Parents did not consent to the IEP. Student remained at Del Mar Hills. Subsequent to this meeting, Ms. Little notified Mother that the District wanted to hold an IEP meeting to discuss the possibility of placing Student in a regional preschool program in Solana Beach. She offered no details regarding the program. Mother agreed to meet, but advised that none of the individuals whom she had brought to the previous meetings would be available.
Encinitas will provide transportation. Snider, Ms. Little the NCCSE program specialist , a special education teacher who was teaching in that program at the time of the IEP meeting, and a Solana Beach District SLP, and Amanda Emmert, a school psychologist who would become the substitute special education teacher in the Solana Beach regional preschool program that was the subject of the meeting.
Emmert received her B. Mother was advised that Ms. Emmert would be the substitute special education teacher in the class. The meeting lasted approximately one hour and 15 minutes. District offered placement in that program for minutes per day, four days per week, with transportation. The District also offered LAS services consisting of 30 minutes per week individual and 30 minutes per week group therapy, and OT services to consist of one hour monthly consultation. The team agreed to reconvene in 30 days to review the program and services.
District offered no transition plan. Mother did not consent to the IEP at first. She felt that she had received very little information about the offered placement at the IEP meeting, and was under the impression that it was a pilot program that might not be available beyond the school year. She eventually agreed to try the Solana Beach placement for 30 days.
When she received the pictures, she showed them to Student, and created social stories for Student about the placement. To interest him in, and acquaint him with, the placement, she and Student would eat lunch by the school property, and they talked about the train station that was by the school.
Throughout this time, Student continued to attend preschool at Del Mar Hills. On April 12, , when Student was approximately four years and three months old, Student began attending the Solana Beach program.
He continued to attend this program through the time of the hearing. In addition to attending the Solana Beach program, Student continued to attend preschool at Del Mar Hills on a part-time basis. The Solana Beach preschool inclusion program the District offered had approximately typical preschoolers, 4 special education preschoolers, a general education preschool teacher, a special education preschool teacher, and an instructional aide.
There was a behavioral specialist on campus, a school psychologist on campus, and an SLP on campus. The occupational therapist rotated among several campuses. The classroom was managed as a typical preschool program, with four learning centers, into which the children were randomly split each day. Including lunch and snack, the program offered approximately 45 minutes per day of free choice play time with peers, as well as additional self-directed time with materials such as books and computers, and directed play time.
The class had visual aides and social skills lessons, and used ABA principles and methodologies. The class met Monday through Friday, but the special education children did not attend on Friday. Student attended the program from a. After , the typical children participated in the CDC preschool program until One of the special education students stayed past as well.
Student had some difficulty transitioning to the program for the first week or two. He exhibited some physical aggression and did not understand personal boundaries. He was defiant and resistant to classroom routines and following directions.
He had to be removed from the classroom occasionally. When he understood what was expected of him, he had fewer difficulties. His aggressive behaviors decreased during the semester, and by the end of the semester Ms. At lunch, he was a picky eater, and did not want to eat all of his meal.
At first, it took him minutes to eat his lunch. At the time of the May 28, , IEP meeting, described below, he was still taking longer than the other children to eat his lunch, but by the end of the semester he was eating within the time that the other students did. Mother visited the classroom on five occasions. She testified that she observed several times when teachers did not address various behavioral incidents with Student. On two of her five visits, the special education teacher was not present in the classroom.
Starting in April, and once or twice per week thereafter, Student advised Mother that other students were rejecting him, and some were acting aggressively towards him. Mother reported this to the school, and was told it would be discussed at the day IEP meeting. Based upon her knowledge of Student as his consulting OT, she did not think that Student had a fine motor deficit, rather she felt that his fine motor skills were rather strong, and he had no visual motor deficits. He could write his name with one verbal prompt, which she stated was not a typical skill for a four-year-old.
She did not believe that he needed direct services, as he had the skills necessary to function in the classroom. She testified that she could understand and implement his goals, and he made significant progress on his goals.
Deak observed Student at his Solana Beach placement on May 26, , for approximately 45 minutes. He wrote a report of his observation. He acted impulsively and had a need for control, but he seemed generally happy and stayed focused and on-task. He complied when his teacher directed Student and his peers to transition to the next activity. However, he obstructed another student who tried to pass him and get through the door first. No teacher noticed this event at the time. During free choice time, Mr.
Deak reported that Student needed more assistance with social skills. He did not appropriately initiate a peer interaction, and did not fully engage in or complete an activity.
He participated primarily in parallel play, with little to no significant peer interaction. When free choice time was over, Student participated in cleaning up, and complied with teacher instructions and redirection. At circle time, Student joined in at times, and complied with teacher directions, but he was distracted by glitter on the carpet. Deak reported that the teacher used picture prompts on the wall, and many verbal positive reinforcements.
Student followed all instructions to line up for snack. Student went with his class to the table for snack. Deak reported that eating snack was optional, and Student did not eat snack, but rather rode a tricycle during snack time. Deak reported that the structure, supports and positive reinforcement in the classroom were beneficial to Student, and Student seemed to be adapting to the routine.
Deak reported that there may have been missed learning opportunities for Student to better initiate and manage peer interactions. Deak testified that Student required a one-to-one aide to avoid these missed learning opportunities.
Student required immediate intervention, as later corrective efforts would not be effective for Student. The team recommended that Student remain in the Solana Beach inclusion program. QCS Village Montessori. St Mary Star of the Sea Preschool. Step Up Preschool Academy. Sweet Busy Bees Preschool. The Learning Experience Preschool.
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