J.F.
J.F. v. Office of Administrative Hearings CA5
Opinion
Opinion
Franson, J.
BACKGROUND
Appellant is eligible for services under the Lanterman Developmental Disabilities Services Act (Lanterman Act; Welf. & Inst. Code, § 4500 et seq.) due to his cerebral palsy and autism spectrum disorder. In 2018, he was six years old. Appellant’s March 2018 individual program plan provided that he would receive after school programming, Monday through Friday, from Valley Achievement Center (VAC). Appellant’s parents
2. paid for daycare service for appellant when school was not in session and they must work, and Regional Center funded a one-to-one aid at daycare. In the summer of 2018, appellant’s mother became concerned that, as he got bigger, VAC was having difficulty meeting his needs. She requested Regional Center to approve extended socialization hours with Special Explorers Center through a purchase of services or, alternatively, deny her request by issuing a notice of proposed action so she could request a fair hearing under the Lanterman Act. Administrative Proceeding Regional Center failed to provide a notice of proposed action. Nonetheless, appellant successfully requested a fair hearing. The matter was heard by an administrative law judge of the Office of…