Denial of Appropriate Program Due to Abuse by Behavioral Aide

Federal Discrimination Claims Did Not Require Administrative Exhaustion
February 28, 2020
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March 2, 2020

Denial of Appropriate Program Due to Abuse by Behavioral Aide

OAH case no. 2019090404,
Parent v. Santa Monica-Malibu Unified School District

Court determined that Santa Monica-Malibu denied Student a free appropriate public education during the 2017-2018 school year by failing to implement Student’s positive behavior support and by using corporal punishment and aversive behavioral interventions on Student. Court made factual findings that behavioral aide caused pain to gain behavioral compliance and that her use of her actions Student’s behavior deteriorated markedly.

Court ordered remedy of 520 hours of assessment, training, and consultation by the staff at the Pivotal Response Training program of The University of California, Santa Barbara.

Read the full decision.

Federal Discrimination Claims Did Not Require Administrative Exhaustion