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M.P. Ex Rel. Peyman v. Santa Monica Malibu Unified School District
Opinion
Opinion
Pregerson, J.
ORDER RE APPEAL FROM OFFICE OF ADMINISTRATIVE HEARINGS
In this matter, Plaintiff M.P. appeals a decision by the Office of Administrative Hearings (“OAH”), contending that the Administrative Law Judge (“ALJ”) erred in finding that M.P. is not eligible for special education and related services. After reviewing the materials submitted by the parties and considering the arguments therein, the Court has concluded that M.P. is in fact eligible for special education and related services, and, accordingly, REVERSES the judgment of the OAH.
I. BACKGROUND
M.P. was an eleven-year-old student in fifth grade at Franklin Elementary School in the Santa Monica-Malibu School District during the 2006/2007 school year. M.P. had been attending Franklin Elementary in a general education classroom since the 2002/2003 school year, when he was in the first grade.
On January 3, 2006, M.P.’s parents requested that he be assessed for special education eligibility because they did not believe that he was performing up to his abilities academically and had Attention Deficit Disorder (“ADD”) or Attention Deficit Hyperactivity Disorder (“ADHD”). The School District conducted various assessments of M.P. and…