BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
SPECIAL EDUCATION DIVISION
STATE OF CALIFORNIA
In the Matter of:
STUDENT,
Petitioner,
and
ENCINITAS UNION SCHOOL DISTRICT,
Respondent.
OAH No. N 2005080083
DECISION BY CONSENT
Elizabeth Feyzbakhsh, Administrative Law Judge, Office of Administrative
Hearings, Stateof California, heard this matter on April 20, 2006, in Encinitas,
California.
Student was represented by Eric Freedus, Attorney
at Law. Joel Mason, Attorney at Law,
Stutz, Artiano, Shinoff, & Holtz, re
presented the Encinitas Union Schoo l District.
The parties have
agreed to settle the matter
by entering into a Stipulation
for Decision by Consent.
This decision is based exclusively on
the stipulation between the parties.
FACTUAL FINDINGS
1. The attorneys for petitioner and respondent
have the authority to enter into this
agreement on behalf of th
eir respective clients.
2. Beginning on or around February
11, 2004 and through Augus
t 13, 2004, Petitioner
was denied a free appropriate publ
ic education (FAPE) by Encinita
s Union School District (EUSD)
by reason of action or inaction which prevente
d Petitioner’s parents from having meaningful
participation in the formation of the IEP
1
1
failing to have appropriate members of the IEP team present at a June 9, 2004
IEP meeting; failing to discuss and failing to gi
ve
parents an opportunity to discuss placemen
t of Petitioner part-time in a general edu
cation placement with ap
propriate DIS servi
ces;
meeting without parents outside of a noticed
IEP meeting and creating a new offer of pl
acement without the participation of par
ents
which offer was communicated to parents by letter dated June 15, 2004; failing
to make such June 15, 2004 offer clear and
1
OFFICE OF ADMINISTRATIVE HEARINGS
SPECIAL EDUCATION DIVISION
STATE OF CALIFORNIA
In the Matter of:
STUDENT,
Petitioner,
and
ENCINITAS UNION SCHOOL DISTRICT,
Respondent.
OAH No. N 2005080083
DECISION BY CONSENT
Elizabeth Feyzbakhsh, Administrative Law Judge, Office of Administrative
Hearings, Stateof California, heard this matter on April 20, 2006, in Encinitas,
California.
Student was represented by Eric Freedus, Attorney
at Law. Joel Mason, Attorney at Law,
Stutz, Artiano, Shinoff, & Holtz, re
presented the Encinitas Union Schoo l District.
The parties have
agreed to settle the matter
by entering into a Stipulation
for Decision by Consent.
This decision is based exclusively on
the stipulation between the parties.
FACTUAL FINDINGS
1. The attorneys for petitioner and respondent
have the authority to enter into this
agreement on behalf of th
eir respective clients.
2. Beginning on or around February
11, 2004 and through Augus
t 13, 2004, Petitioner
was denied a free appropriate publ
ic education (FAPE) by Encinita
s Union School District (EUSD)
by reason of action or inaction which prevente
d Petitioner’s parents from having meaningful
participation in the formation of the IEP
1
1
failing to have appropriate members of the IEP team present at a June 9, 2004
IEP meeting; failing to discuss and failing to gi
ve
parents an opportunity to discuss placemen
t of Petitioner part-time in a general edu
cation placement with ap
propriate DIS servi
ces;
meeting without parents outside of a noticed
IEP meeting and creating a new offer of pl
acement without the participation of par
ents
which offer was communicated to parents by letter dated June 15, 2004; failing
to make such June 15, 2004 offer clear and
1
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