strative Law Judge Judith L. Pasewark, Office of Administrative Hearings,
Special Education Division, State of California, heard this matter in the Office of
Administrative Hearings, Laguna Hills, California on June 12, 13, 14, 18, and 21, 2007.

Laurie LaFoe and Diane Willis, Esqs., of Lozano Smith, represented Anaheim City
School District (District). Sherry Blakely, Director of Special Services, attended the hearing
on behalf of the District.

Jennifer Kropke and Michael Herzog, Esqs., of Roberts & Adams, represented
Student (Student). Students mother (Mother) attended the hearing on behalf of Student.


1 The District filed a request for due process hearing on October 6, 2005. On October
25, 2005, and October 12, 2006, Student filed separate requests for due process hearing. On
February 14, 2007, the District filed a second request for due process hearing. OAH
consolidated the four cases. Pursuant to the consolidation of the cases, the timeline
applicable in Case No. 2007020449 governs this matter. At the prehearing conference on
June 4, 2007, Student withdrew both of his due process requests. On June 6, 2007, the
District withdrew its issue regarding the 2005 individual educational plan (IEP). On June 12,
2007, Student withdrew his request for an independent expert evaluation (IEE) in the area of
occupational therapy. As a result, only two issues remained for adjudication at hearing. The
hearing commenced on June 12, 2007. Both parties presented oral and documentary
evidence. The parties provided written closing arguments, and the record closed on July 16,
2007.

ISSUES

1.
Is the Districts psychoeducational assessment dated May 24, 2005,
appropriate or is Student entitled to a publicly funded independent educational evaluation
(IEE)?

2.
Is the Districts functional analysis assessment (FAA) dated January 19, 2007,
appropriate or is Student entitled to a publicly funded independent FAA?


CONTENTIONS

The District contends that the psychoeducational assessment dated May 24, 2005, is
an appropriate assessment which meets all necessary legal and educational requirements, and
therefore, Student is not entitled to an IEE at public expense. Student contends that the
District failed to assess in all areas of suspected disability and failed to administer the testing
protocols in conformity with the publishers instructions. Student contends he is entitled to
an IEE at public expense.

The District contends that the FAA dated January 19, 2007, is an appropriate
functional analysis assessment, which meets all legal and educational requirements, and
therefore, Student is not entitled to an independent FAA at pubic expense. Student contends
that the District improperly conducted the FAA and failed to comply with reporting
requirements. Student contends he is entitled to an independent FAA at public expense.


FACTUAL FINDINGS

1.
Student is a ten year old who resides with his Mother within the boundaries of
the District. Student qualifies for special education services under the category of autistic-
like behaviors.

2
2.
Once placed, a special education student must be reassessed every three years,
or more frequently, if conditions warrant, or if the students parent or teacher requests a new
assessment.


3.
The District conducted a triennial psychoeducational assessment of Student in
May 2005. The District presented the assessment report, dated May 24, 2005, at Students
IEP meeting in August 2005. Mother disagreed with the assessment and requested an IEE at
public expense. The District declined to provide the IEE. At the time of the assessment,
Student was eight years, 10 months old, and completing the third grade.

May 24, 2005 Psychoeducational Assessment

4.
An appropriate reassessment of a special education student requires a school
district to follow numerous and specific testing regulations. Testing and assessment
materials and procedures must be selected and administered so as not to be racially,
culturally, or sexually discriminatory, and must be administered in the students native
language. The tests and assessment materials must be validated for the specific purpose for
which they are used and must be administered by trained personnel in conformance with the
instructions provided by the producers of the test and materials. A student must be assessed
in all areas related to his/her suspected disability. Assessments must also include testing
which is tailored to assess specific areas of educational need. Further, in California, tests of
a students intellectual or emotional functioning must be administered by a credentialed
school psychologist.

5.
The Districts psychologist, Heidi Denissen,
1
prepared the Parent
Consent/Evaluation Plan for Students triennial assessment. Ms. Denissen has known
Student since 2002, and is aware that Student is a high functioning child with autism. She
based the assessment plan upon Students needs known to the District at the time. In
determining what areas would be assessed, and which tests would be administered, Ms.
Denissen consulted with Students teachers, reviewed Students educational records and
prior assessments, and interviewed Mother by telephone. The assessment plan proposed to
assess academic achievement, intellectual development, psychomotor development,
language/speech communication development, social and adaptive behavior, development
and health. Ms. Denissen demonstrated that she is familiar with Students disability. The
assessment plan meets the requirements that the District assess Student in all areas of
suspected disability and tailor the testing to specific areas of Students educational needs.

6.
Ms. Denissen administered assessment testing, and prepared the
psychoeducational assessment report (assessment report). She assessed Student over three


1
Ms. Denissen has been a school psychologist in the District for four to five years. As part of her current
job duties, Ms. Denissen attends IEPs, conducts psycho-educational assessments, and handles crisis interventions.
Ms. Denissen has worked with children with mild to severe autism for six years, and has had special training in
autism. She currently is working with 25 children with autism, grades K-6. She has B.A. in Psychology, and an
M.A. in Social Work. Ms. Denissen has been a credentialed school psychologist since 2002, and is a member of the
National Association of School Psychologists.

3 days in May 2005. Additionally, Ms. Denissen observed Student in the classroom, in his
speech therapy, and at recess. The assessment report indicates that the assessment materials
and procedures were selected to be unbiased with regard to race, gender and culture, and
were given in Students primary language. Further, Ms. Denissen collected information from
a variety of sources, including review of Students records, information from classroom
teachers, and Mother. Student raised no objection to these assessment requirements.

7.
Ms. Denissen provided a caveat in the assessment report regarding Students
testing results. Student cooperated in the testing sessions; however he required prompting to
remain on task. She gave Student several breaks during the sessions, due to his short
attention span. Ms. Denissen indicated that due to Students attention difficulties, his scores
might be depressed and might not provide an accurate estimate of his true abilities. The
results however, do provide an accurate estimate of Students present level of functioning in
the classroom.

8.
Chris A. Davidson, Ed.D.,
2
Students expert, is highly experienced and
informative regarding psycho-educational assessments. She provided a definition of best
practices in administering assessments. Much of her testimony in this area matched that of
Ms. Denissen. She did believe, however, that the Districts assessment fell short in several
areas. Primarily Dr. Davidson believed that the discrepancies in test scores were not
adequately analyzed or retested, and as a result, several areas of suspected need were
overlooked.


9.
Ms. Dennisen is a credentialed school psychologist and is qualified to
administer intellectual and emotional assessments. Ms. Denissen based Students social and
emotional functioning report upon observations of Mother and Students teachers. Mother
rated Student on the Gilliam Autism Rating Scale (GARS) for the assessment. The GARS is
designed to determine the likelihood of autism by comparing Student with a sample of
students composed entirely of individuals diagnosed as autistic. Ms. Denissen also used the
Connors Rating Scale to determine characteristics of Attention Deficit Hyperactivity
Disorder (ADHD). The Connors based Students scores on the ratings of Mother and
Students teacher.

10.


Ms. Denissen assessed Students adaptive behavior with the Vineland
Adaptive Behavior-Scale Survey Form (Vineland). Adaptive behavior involves the
performance of daily activities required for personal and social sufficiency. It is age-related,


2
Dr. Davidson received her B.S. in Elementary Education, M.S. in Counseling, and Ed.D. in Educational
Management. She is a licensed educational psychologist. Dr. Davidson has an Administrative Services Credential,
Pupil Services Credential, and Multiple Subject Teaching Credential. She has a Teacher