LAW BY DAVE.
APC
March 16, 2026
VIA CERTIFIED MAIL, FACSIMILE AND EMAIL: CITY OF
Dr. Natasha Jones Dr. Alejandro Alvarez
Elementary Principal Superintendent TY CLixA FOR 25 F1: 05 RIALIS George H. Dunn Elementary Rialto Unified School District 830 N. Lilac Ave. 182 E. Walnut Avenue
Rialto, CA 92376 Rialto, CA 92376
Rialto, CA 92376 Via Fax: (909) 873-0448
Via Fax: (909) 820-7947 Via email: alejandroalvarez/@rialtousd.org Via Email: [email protected] Via Email: [email protected] Via Email: [email protected]
Barbara McGee
City Clerk County of San Bernardino
City of Rialto City Clerk's Office Risk Management Division 150 S. Palm Ave. 222 West Hospitality Lane, 3rd floor
Rialto, CA 92376 San Bernardino, CA 92415
Via Fax: 909-873-9593 Phone: 909-386-8631
Via Email: cityclerk @rialtoca.gov Via Fax: 909-382-3212 Via Email: mrodriguez/@rialtoca.gov
TIME LIMITED POLICY LIMIT DEMAND RE DAMAGES SUSTAINED BY CLAIMANTS (DEADLINE: 04/07/2026)
Re: CLAIMANTS: (Minor) and Leslie Benitez (Minor's
gaurdian / biological mother)
DOB:
Location of Incidents) : George H. Dunn Elementary
Rialto Unified School District
TO THE DISTRICT, ITS GOVERNING BOARD, AND LEGAL COUNSEL:
This firm represents the parents and legal guardians of "or the "Minor"). This correspondence constitutes a Formal Demand for Damages and Notice of Statutory Violations arising from the District's prolonged and systemic failure to protect a medically fragile student with disabilities from repeated physical assaults and disability-based harassment, and its failure to provide legally mandated accommodations and a free appropriate public education ("FAPE").
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The facts outlined below establish violations of federal and California law, including but - not limited to:
• The Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.) ('IDEA"):
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) ALTO • Title II of the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) ("ADA") E • California Education Code §§ 200-262.4 (Safe Place to Learn Act) • Calitornia Education Code § 220 (prohibition of disability-based discrimination) • California Education Code § 234 et seq. (bullying prevention duties) • Government Code § 11135 (state-funded program nondiscrimination) • Common law negligence and negligent supervision
This letter addresses damages sustained by and his mother as a direct and proximate result of the District's acts and omissions. While corrective educational measures remain urgently necessary, this firm's representation concerns civil liability for the harm already inflicted
Please note our clients are currently engaged in ongoing special education proceedings with the District regarding Emiliano's placement, safety supports, and entitlement to a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA). Nothing in this correspondence is intended to resolve or waive educational rights or remedies under tederal or state special education law, and the family expressly reserves all rights to pursue administrative remedies related to Emiliano's educational program and placement.
I. FACTUAL BACKGROUND
is a six-year-old child with diagnosed intellectual disability and epilepsy, conditions that substantially limit major life activities including learning, neurological function, communication, and self-regulation. He is therefore a qualified individual with a disability under IDEA, Section 504, and the ADA.
The current placement has proven unsafe and incapable of protecting Emiliano despite repeated written and verbal notice to school administrators regarding ongoing physical assaults.
Immediate corrective educational action, including consideration of a more protective educational placement and appropriate supervision supports, is required to ensure Emiliano can safely access his education.
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During prior IEP discussions and mediation proceedings, the District agreed to assign an.
Environmental Aide to supervise during high-risk periods of the school day, including recess and playground transitions. This agreement reflects the District's acknowledgment that required additional supervision to remain safe on campus. Despite the continuation of peer aggression and ongoing reports of physical incidents, the Environmental Aide was later removed and replaced with a generalized 'safety plan' that proved ineffective in preventing further assaults. The removal of this agreed-upon protective measure, despite the District's knowledge of continuing harm, demonstrates both inadequate supervision and a failure to implement necessary supports designed to protect Emiliano.
The District's failure to intervene is particularly troubling in light of the written medical warning issued by treating neurologist at Children's Hospital Los Angeles on May 16, 2024. In that correspondence, the physician expressly advised the District that emotional stress and physical trauma significantly lower seizure threshold and increase the likelihood of a seizure event. The neurologist further warned that head injuries resulting from physical altercations could trigger a serious medical episode. This medical notice placed the District on heightened awareness that continued bullying and physical assaults posed a foreseeable and medically significant risk to health and neurological stability.
The District has long had actual knowledge of:
1. intellectual disability:
2. His epilepsy and seizure disorder;
3. The medical risks posed by stress and head trauma; and
4. Ongoing physical assaults by peers.
Despite this knowledge, has been subjected to repeated physical aggression, including being struck, pushed from playground equipment, knocked to the ground, and kicked in the abdomen. These incidents were documented through:
• In-person meetings with administrators;
Email correspondence with the Vice Principal;
ParentSquare communications from classroom teachers;
• Photographic documentation of injuries;
A formal medical letter from his treating neurologist at Children's Hospital Los Angeles; • Formal legal advocacy during IEP proceedings; and
• A police investigation initiated by the Rialto Police Department (Report No. 93201460).
The District therefore cannot plausibly claim lack of notice. www.LAWBYDAVE.com
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II. CHRONOLOGY OF EVENTS
(Selective but not comprehensive of all related events; Establishing Actual Notice, Pattern, Escalation, and Deliberate Indifference)
The following timeline demonstrates repeated physical aggression against a medically fragile student, consistent notice to school officials, and the District's failure to take effective corrective action.
January 2024 - First Documented Physical Assault:
In or about January 2024, returned home with visible redness and injury to his nose and reported that another student had struck him on campus at Lida M. Henry Elementary School.
His parent immediately met in person with Program Administrator Tyler Lange to report the incident. The District was therefore placed on actual notice of peer-to-peer physical aggression. Photographs documenting injuries were taken and preserved (Exhibit A).
At this point, the District knew:
was a student with intellectual disability;
He had epilepsy;
• He was vulnerable to physical injury;
• He had already been struck
No effective protective measures were implemented.
March 15, 2024 - Second Physical Assault:
On March 15, 2024, was again hit by another student. This incident was documented in writing through email communication with the School's Vice Principal.
This written notice eliminated any ambiguity regarding ongoing aggression. The District now had documented evidence of a pattern, not an isolated event.
Under Title II of the ADA and Section 504, once a public entity has actual knowledge of disability-based harassment, it must take prompt and effective action reasonably calculated to end the harassment and prevent recurrence.
The assaults continued
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April 10, 2024 - Playground Push from Equipment
On April 10, 2024, was pushed off playground equipment by another student.
This incident again required parental reporting and was documented via email correspondence with the Vice Principal.
Playgrounds are recognized high-risk areas requiring supervision. The recurrence of physical aggression in that setting demonstrates either inadequate supervision or failure to implement safety measures.
At this point, the District had:
• Notice of multiple assaults,
Knowledge of medical vulnerability,
• No effective intervention plan in place.
Late April 2024 - Escalation and Head Impact:
Later in April 2024, multiple additional incidents occurred:
Teacher Mrs. De La Torre reported via ParentSquare that another student pushed to the ground after Emiliano called the student "daddy," causing strike his head
A separate pushing incident occurred later that same month and was likewise documented in writing.
A head impact involving a child with epilepsy is medically significant.
The repeated need for documentation by classroom staff further demonstrates that the aggression was not hidden; it was observable and recurring.
May 16, 2024 - Formal Neurological Medical Warning:
On May 16, 2024, treating neurologist, Dr. Dana O'Rourke of Children's Hospital Los Angeles, issued a formal written medical letter warning:
Emotional and physical stress lowers seizure threshold; Head trauma significantly increases seizure risk;
Immediate protective action was medically necessary.
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This correspondence placed the district on heightened notice of foreseeable medical harm. Failure to act after a direct physician warning substantially strengthens claims of deliberate indifference and reckless disregard.
November 1, 2024 - Renewed Physical Injury:
On November 1, 2024, Emiliano returned home with a bruise and scratch on his hip after being pushed by another student. Photographs were taken (Exhibit A). This demonstrates that whatever measures had been discussed earlier were either:
Not implemented,
Not monitored,
• Or ineffective.
November 7, 2024 - Written Notice of Ongoing Bullving:
On November 7, 2024, parent submitted written notice to Mr. Lange advising that the bullying had resumed. Again, the District was placed on direct written notice.
December 2024 - Legal Representation and IEP Advocacy:
The family retained counsel specializing in IEP matters. Formal bullying and safety concerns were raised with the District. Despite legal intervention, incidents continued.
During mediation, the District agreed to assign an Environmental Aide to ensure safety.
This constitutes an acknowledgment that:
The risk was real
.. Protection was necessary,
Supervision was inadequate.
The aide was later removed and replaced with a safety plan that proved ineffective.
Failure to implement agreed-upon IEP supports is independently actionable under IDEA.
February 4 & 11, 2025 - Group Aggression:
On February 4, 2025, was pushed again (documented by Mrs. Robles via ParentSquare).
On February 11, 2025, was pushed to the floor by multiple students. www.LAWBYDAVE.com
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Group aggression demonstrates escalation and lack of effective deterrence.
November 18, 2025 - Kicked in Abdomen; Medical Removal:
On November 18, 2025, was pushed to the ground and kicked in the abdomen, causing stomach pain.
He was treated at Golden State Pediatrics and medically excused from school until November 24, 2025 (Exhibit C).
A child being kicked in the abdomen to the extent that medical removal is necessary represents a serious safety breakdown.
January 10, 2026 - PTSD Diagnosis:
On January 10, 2026, underwent comprehensive psychological evaluation and was diagnosed with Posttraumatic Stress Disorder (DSM-5-TR F43.1).
Standardized testing confirmed clinically significant trauma and anxiety symptoms, including:
School avoidance,
* Hypervigilance,
* Persistent distress.
This diagnosis establishes psychological injury directly linked to the repeated assaults.
February 3-5, 2026 - Police Investigation:
Due to continued abuse and sustained injuries, the Rialto Police Department initiated an investigation (Report No. 93201460).
Only after law enforcement involvement did the District express renewed interest in corrective action; despite previously resisting school transfer requests and failing to sustain agreed supports.
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A reactive response after police involvement does not cure prior deliberate indifference.
As a direct result of this prolonged pattern, Emiliano now experiences: . L TO =.
* Persistent fear of school
Emotional dysregulation
* Irritability
Sleep disturbance
Hypervigilance
Somatic complaints (headaches, stomachaches)
* Impaired academic access
requires trauma-informed psychotherapy and structured IEP revisions (Exhibit E.
Concealed and Delayed Disclosure of Documented Incidents:
Several incidents involving were documented by school staff at the time they occurred but were not disclosed to mother when they happened. These incidents were only revealed months later in January 2026, when mother was provided copies of the teacher's check-in sheets (see Exhibit [ ]).
The documents demonstrate that the teacher had contemporaneous knowledge of the incidents and recorded them, yet failed to notify mother as required. This failure to report critical information in a timely manner prevented mother from taking immediate steps to address the situation, advocate for her child, and ensure his safety and well-being.
The delayed disclosure raises serious concerns regarding the school's reporting practices, supervision of students, and compliance with its duty to promptly inform parents of significant incidents affecting their child. The withholding of this information until January 2026 suggests a breakdown in required communication protocols and may constitute negligence and a failure to properly report incidents involving a minor student.
Copies of the relevant check-in sheets provided in January 2026 are attached as Exhibit Additional message conversations and photographs have also been included as supporting documentation. At this time, these images represent the complete set of materials currently available to mother.
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Legal Significance of the Chronology is that, among other related facts, it highlights and O establishes:
1. Actual notice beginning January 2024 to present;
2. Repeated written notice;
3. Medical warning ignored;
4. Failure to implement agreed supports;
5. Escalation of harm;
6. Psychological injury diagnosis;
7. Police intervention.
This is not an isolated incident case. It is a documented, multi-year failure to protect a medically fragile child with disabilities from foreseeable harm. is under the ongoing care of specialists at Children's Hospital Los Angeles, including the Neurology Clinic. On May 16, 2024, treating neurologist issued a formal medical letter warning that stress, both physical and emotional, significantly lowers seizure threshold and increases the likelihood of seizures. The physician further warned that bullying and physical assaults, including head injuries, pose a serious medical risk and could trigger a significant seizure event.
The neurologist expressly recommended that the school take immediate action to address the bullying and provide a safe and supportive learning environment. The District failed to act in accordance with this medical guidance.
NEEDLESS TO SAY, MS. BENITEZ ( MOTHER) HAS ALSO BEEN
EMOTIONALLY DISTURBED DUE TO ALL OF THESE INCIDENTS AND HAS
SOUGHT AND IS GOING THROUGH PTSD AND OTHER RELATEDS THERAPY AS A RESULT OF THEIR SEVERITY.
III. DENIAL OF FAPE (IDEA & SECTION 504)
Under IDEA (20 U.S.C. § 1412(a)(I)), the District must provide a Free Appropriate Public Education reasonably calculated to enable meaningful progress. www.LAWBYDAVE.com
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A student cannot receive FAPE in an environment where: 4. TO * He is repeatedly assaulted;
• His medical safety is compromised;
His seizure threshold is medically lowered due to stress; * He develops trauma-related avoidance of school.
During mediation, the District agreed to assign an Environmental Aide. That aide was later removed and replaced with an ineffective safety plan. The repeated recurrence of assaults demonstrates that the IEP was not reasonably calculated to ensure safety or educational access.
Failure to implement agreed-upon IEP supports is itself a denial of FAPE. See 34 C.F.R. § 300.323.
IV. MEDICAL NOTICE AND FORESEEABILITY:
On May 16, 2024, treating neurologist at Children's Hospital Los Angeles issued a written medical directive warning that:
• Physical and emotional stress lowers seizure threshold; • Head trauma presents serious medical danger;
• Immediate protective measures were necessary.
The District failed to act in accordance with this medical warning despite the fact that under California negligence law, once a defendant is aware of a foreseeable risk of harm, it owes a duty to take reasonable steps to prevent that harm. The risk here was not speculative; it was documented and medically substantiated.
V. PSYCHOLOGICAL INJURY:
On January 10, 2026, underwent a comprehensive evaluation by a licensed psychologist and was diagnosed with Posttraumatic Stress Disorder (DSM-5-TR F43.1).
Clinical findings include:
School avoidance
i Hypervigilance
i; Sleep disturbance
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Somatic complaints (headaches, stomachaches)
* Persistent fear of returning to campus
has been prescribed trauma-informed psychotherapy and play therapy. Projectedes treatment costs exceed $50,000.
The psychological injury is directly traceable to the District's failure to protect him from repeated assaults.
Throughout the above-referenced events, has consistently expressed fear of attending school and reports that he does not feel safe on campus. The prolonged exposure to repeated bullying and physical assaults, coupled with the absence of effective adult intervention, placed him at significant risk for lasting psychological harm, including trauma-related and anxiety- based symptoms.
young age, intellectual disability, and preexisting epilepsy, the psychological injury is medically consequential. His treating providers have cautioned that stress increases his seizure risk, compounding the seriousness of the harm. The evaluating psychologist has recommended ongoing trauma-informed psychotherapy, caregiver involvement in treatment, and structured academic safety supports within his educational plan.
Psychological treatment is clinically indicated and necessary. has begun the process of assessment and treatment, and continued therapy will be required. The anticipated costs of psychological care and related services are expected to exceed $5,000,000.00 VI. NEGLIGENCE AND NEGLIGENT SUPERVISION:
California public schools owe students a duty of reasonable supervision. See Dailey v. Los Angeles Unified School District, 2 Cal.3d 741 (1970). Repeated physical assaults over a prolonged period, in known high-risk environments such as playgrounds and transitions, establish:
Breach of supervisory duty;
Failure to intervene;
• Failure to implement adequate safety controls;
Causation of injury.
The foresecability of harm; particularly to a medically fragile child; makes liability clear.
VII. CAUSATION:
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bas sustained ecoiomie
As a direct and proximate result of the District's conduct, ALTO damages: Psychological evaluation costs, Ongoing psychotherapy expenses, Medical visits, Future*. therapeutic services, Parental lost time and related costs.
Given young age and neurological vulnerability, the long-term impact is substantial and potentially lifelong.
VIII. NON-ECONOMIC DAMAGES
As a direct and proximate result of the District's failures, has suffered substantial non-economic damages, including fear and anxiety related to attending school, loss of personal safety, emotional distress, humiliation, physical pain, and loss of educational enjoyment and access. These harms are particularly severe given young age, disabilities, and medical fragility.
IX.PAIN AND SUFFERING (GENERAL DAMAGES)
As a direct, foreseeable, and proximate result of the acts and omissions of Rialto Unified School District and Lida M. Henry Elementary School, Chavez has suffered; and continues to suffer; substantial past and future pain and suffering.
Under California law, a minor plaintiff is entitled to recover for physical pain, mental suffering, emotional distress, fear, anxiety, humiliation, loss of enjoyment of life, and loss of sense of security. See CACI 3905A. These damages are separate and distinct from economic losses and are often the most significant component of recovery in cases involving children.
A.Physical Pain and Bodily Injury:
Emiliano endured repeated physical assaults, including:
• Being struck in the face;
• Being pushed from playground equipment;
• Being pushed to the ground multiple times;
Sustaining head impact;
• Being kicked in the abdomen resulting in medical treatment and school removal. wwW.LAWBYDAVE.com
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25 Each incident involved physical pain, shock, and fear. Given epilepsy:
diagnosis, each head impact or physical altercation carried heightened neurological risk,, increasing not only physical discomfort but medical vulnerability. Moreover, the District hade actual knowledge that stress and physical trauma could trigger seizure activity. Thus, every assault was not merely playground misconduct; it was medically dangerous.
B. Emotional Distress and Psychological Trauma:
has been diagnosed with Posttraumatic Stress Disorder (DSM-S-TR F43.1) following prolonged exposure to repeated aggression in what should have been a protected educational setting. He now experiences:
1. Persistent fear of returning to school;
2. Hypervigilance in social environments;
3. Sleep disturbance;
Emotional dysregulation and irritability;
Somatic symptoms including headaches and stomach pain;
6. School avoidance behaviors;
7. Loss of trust in adult authority figures tasked with protecting him.
For a six-year-old child with intellectual disability, school should represent structure, safety, and developmental opportunity. Instead, it became a source of fear and trauma.
The law recognizes that psychological injury is no less real than physical injury. Where a public entity acts with deliberate indifference to known harassment of a disabled student, compensatory damages for emotional distress are recoverable under Section 504 and Title Il of the ADA.
C. Loss of Enjoyment of Life and Educational Experience:
has suffered a loss of childhood enjoyment and loss of educational benefit. Rather than experiencing peer inclusion, growth, and confidence, he has internalized fear and insecurity.
The repeated assaults have deprived him of:
1) The ability to feel safe on campus;
2) The ability to focus fully on academics;
The opportunity to engage socially without tear;
4) The normal developmental experiences expected in carly elementary school.
This loss is particularly severe given his young age and developmental vulnerabilities. www.LAWBYDAVE.com
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D. Ongoing and Future Suffering:
The harm inflicted is not confined to past events.
Children who experience repeated victimization in early schooling are at increased risk for:
1. Long-term anxiety disorders;
2. Academic regression;
3. Social withdrawal;
4. Reduced self-esteem;
5. Heightened medical complications in neurologically vulnerable populations. treating providers have recommended extended trauma-informed therapy. The need for long-term intervention confirms that his pain and suffering is ongoing and likely to persist into the future.
Under California law, damages for future pain and suffering are recoverable where future harm is reasonably certain. The psychological diagnosis and medical recommendations satisfy that standard.
E.Aggravating Factors:
The severity of pain and suffering is compounded by the following:
His intellectual disability, which limits his ability to self-advocate or defend himself; His epilepsy, which increases the medical consequences of physical trauma and stress;
3. The District's repeated notice and failure to implement sustained protective measures;
4. The removal of an agreed Environmental Aide;
5. The necessity of police intervention before meaningful corrective action was initiated.
The knowledge that adults were repeatedly informed yet failed to protect him intensifies the emotional harm.
Conclusion Regarding General Damages:
pain and suffering are substantial, medically documented, and legally compensable. His injuries are not momentary or trivial. They represent the foreseeable outcome of prolonged exposure to preventable physical aggression in a setting where the District owed him the highest duty of care.
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26 The magnitude of general damages in this matter is significant and must be evaluated. accordingly in any policy-limit settlement discussion.
X. POLICY LIMIT SETTLEMENT DEMAND
In addition to the corrective actions outlined above, the family hereby demands a the full policy limit available under any and all insurance policies available to the school to resolve all claims arising from the the School and the District's conduct, including but not limited to claims for emotional distress, pain and suffering, loss of educational benefit, disability-based discrimination, and the costs associated with medical and psychological care necessitated by the School and the District's failures.
This demand reflects the severity, duration, and foreseeability of the harm suffered by the School and the District's repeated failure to act despite notice, and the significant risk posed to health and safety. This amount does not include attorneys' fees or costs, which the family reserves the right to seek should litigation become necessary.
XI. DEADLINE TO RESPOND
Please provide a written response no later than 5PM PST of April 7, 2026 to inform whether the district intends to resolve this matter informally. If the District tails to respond or refuses to do the right thing, we are prepared to pursue all available legal remedies, including administrative complaints and civil litigation, without further notice.
Nothing contained herein constitutes a waiver of any rights, claims, or remedies, all of which are expressly reserved.
Please do not hesitate to contact me at VIA EMAIL TO: [email protected].
Thank you for your anticipated prompt written response.
Very truly yours,
bute
David M. Esfeh, Esq.
TRIAL LAWYER
Encl.
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26565 West Agoura Road, Suite 200, Calabasas, CA, 91302 | Phone: (310) 505-4777 | Fax: (747) 277-2799 Exhibit A: Minor's Injuries
2026 MAR 26 PM 4: 06 CITY OF RIALTO
Exhibit B: Letter from Neurologist
Children's
Hospital-
ANGELES
We Treat Kids Beltur
wow 162022
Medral letterior
Chavez
Chavez is under my care in the Neurology Clinic al Chaldren's Hospital Los Angeies. He has sevaral medical diagnoses Indeding intellactual disabilty and epilepsy, is you may be aware, stress, bath mentar and physical, ca I am writine to you today to express my trious concern regarding the well-being of my catient. apored outle today perse in canine it earing tere in or be enter sure of stea and ram concerned that the ongoing incidents are putting i a heiglutened risk for seizures Funthermore, the report al sharial area toy hullies maice additional concerns. Head inkiries can ba a triseas for columee, aad any chusical altercation could potentially lead to a serious medical eplsode. Exhibit C: Note from Pediatrician's Office about is my medical professianal recommendation that your school administration take immediate action to address thes me indent aste and cocoonue lamine environments crucitoral students, but orticulartor there we returning to School pre-existing medical conditioos late epilepsy.
If there are are questions regarding this letter or recommendations, please do not hesitate to contact my ctice Neuromuscular Attanding Physician
Childron's Hospital Los Angeles
Phone: 32850247
538: 322-96.1104
4650 Sare Sted. los Anges, CA 90027 l 323.0002450CRAorg
CHAVEZ,
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Hi, Mr. Avila Hi Mr. Avila,
Thank you so much for your emergent call post I wanted to follow up our conversation. I truly do Incident today 4/10/2024. appreciate you taking the time to speak with me regarding the incident that occurred on 3-15-2024
As we've discussed this is the third incidert that has (Friday) with occurred since began at your school. As you
can assume it is extremely alarming, as he had no Due to disability it does make it very prior incidents at his previous school. difficult for him to communicate and defend himself when he is being picked on, or bullied by other
For my documentation if you could please specify the children. I appreciate your attention to the matter. type of equipment fall off of and if possible a
picture. I am also open to touring the location of the My hope is that this does not happen again, as this incident it need be. is the second incident that has occurred in the span of the 2 months has been at this school. Per
I will be discussing this with once he's home, our conversation you mentioned touching base with I would just like as much information as possible. the aids to ensure the children's salety and you would speak to the parents of the children involved
Thank you for your understanding,
Once again I appreciate your time, I hope we won't
meet again under the same circumstances.
Lesley Benitez, Chavez parent.
Ignacio Avila Apt 1 . ...
Ignacio Avila Aür 10 .. ... to me -
to me, Tys, Marks v Hello Ms. Benitez,
Hi Ms. Benitez, Thank vou for reaching out to me. We definitely want Thank you for reaching out to me and visiting today. and all his peers to feel a sense of safety while at school. The aides have been keeping an eye
As we discussed earlier today, use contin
the health office after falling from the play equipment out for any kind of behavior that goes beyond the curing lunch recess. From the information I have
gathered so far, it took like vas trying to
Mrs. De La Torre • 6 ® Mrs. De La Torre • B f
Today is the last day to sign up tor Summer
wos epumanded lice. Would you School Enchment Program. It anyone has mine laporpting what nappened: sent in a registration form. please let me know so 1 can ask your stucent to get it from
At lunch. the noon supervisors their backpack. You con also turn them in to the office by the end of the day Thank you
pustine onoiner student aiter ne was
oushed Sot hod both of them sit on
the wall for just 5 minutes during the
iast recess. While they were sitting on
the wail for 5 minutes they were
playing around one taleng each
other I sow touch the other Heilo Me. Benitez, I hope ail is well student. and then the other student with your new baby girl. There was an witchen Itaiked to them
incident alter lunch toddy involving
about keeping the hands to Emitiano and another student The themselves & that wasn't appropnate other student claims Honomenon hon ronnin
continually called him "daddy" The
their five min, tor of the wink
student got annoyed and pushed him
fell on the concrete ond
bumned his head i wns sent
Information and yein fog insti to the nurse forice Both students were talked to by the assistant
principal and principal They will
Come Towing trough as Matt contact you atter they complete their whot you mentioned no my pamner investigation. If you have any completely underspect forbe Emalans questions, please let me know.
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Sounds great! 2-172M
Thank you so much!
Jan 27, 2025 2176:1
Hello, I will be pulling Emi out early he has a
dentist appointment at 1:45/. You're weic one
12 SPA
I found 2 beanies inside his dinsk
feb 4, 2025 Til have him place thim in his
backpack first thing in the moming
Macbel Reins
Halla, / Wanted tomform vou that 230 PM
While in line after recess, Emiliano was
pushed by another student. He didn't Fob 11, 2025
want to see a nurse because he said
he washt hurt, but that other student Hello. I am reaching out to inform you was sent to the office with that Emiliano approached me at thie end of recess and montined that
administration. Please let me know it
you have any questions. several students had hit him and pushed him down. I sent him to the
1-9A nurse to have him chacked oüt.
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Thank you for noticing me.
Thank you they just callad me, I told him
that if anything happens to always tell you.
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Thank you so much!
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1 found 2 beanies inside his desk
Hit have him place them in his t found 2 beanies inside his desk backpack first thing in the morning: ru have him place them in his backpack first thing in the morning 2023 MAR 26
= TERM
Feis 11, 2025
CITY OF RIALTO
feb 11. 2005
Hello, lam reaching out to inform you
that Embiano approached me at the Hello lem reaching out to inform you end of recess and mentioned that CLERI PM
that approached me at the
Several students had hit him and end of racess and mentioned that pushed him down. Esent him to the Savoral students hack hit hitt and nurse to have him cinecked out. pushed him down 1 sent him to the 4: 00 nursa to have him checked out.
Thank you they just called me, i told him
that if anything happens to always tell you Thank you they just called me, I told him that if anything happens to always tell you.
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Send @ Now: Massage Senci
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Omg I'm sorry i was in a meeting I'm on Oh no. Ok. I certainly will. my way!
(2).
Eritano was sent to the office again
No worries by the teacher at racess. She
mentioned he was holding his eye
crying. Not sure what happened.
Cut 29, 2024
Hello, los just informing you that He is back. He said a little bit of stick Emilano was hurt during our last blew in his eye I'm guessing trash. He recess. He wessent to the nurse, Is better now,
199C4
Thank you!
Thank you for letting me know, I just got 1. Ale
notified by Mr. Lange as well
1374 Hey how is he doing?
10:50 A!
Oс: 30, 2024
Mariot fates
He is good
Thank you very much for the dilt and 1S-59913
the goodie bags for the kicidos. (e)
19:02231
Hello, quick question out of curiosity do
No problem e you know if Er has an environmental aid
1 10204 during recess & lunch?
1.HEFN
Send Send
Hello, just so that we are all on the same
page my main concern in this meeting is
safety during recess and breaks.
There has been continued to be incidents Exhibit E: Psychological Consultation Report where has been physically bullied
and i want to discuss implementing safety
protocols to insure this will no longer
happen. My initial request for an aid to be
assigned to him during each break was
previously declined because he did not
qualify. I would like to re visit this request to
see if this now a possibility given the
continued incidents. I am not asking for a
one to one behavioral aid, rather an aid
from campus who already on recess duty
and is able to attend to........ safety
directly during each break. Any other
suggestions for this concern witl also be
welcomed.
2-39114
1007. 2024
Ty: 12"
Thank you for the clarification We wil
further discuss vour concerns at tha
meeting,
9:30.4M
* Nox Meccaye Send
Re:
IDENTIFYING INFORMATION
Bribing/demo an Care
is a seven-year-old, right-handed, Hispanic male. His height was not Psychological Assessment Center, PC measured, and his weight was reported to be approximately 58 pounds. His weight was Malling Address: 11278 Los Alamitos Blvd, # 729, Los Alamitos, CA, 90720 proportionate to his height. He had brown eyes and brown hair. He presented with good ARIOD Shinehaker Route berets hygiene and good grooming. He was dressed in a sweatshirt, sweatpants, athetic Phone: 562-682-5867 shoes and wore a beanie. He was cooperative and alert throughout the evaluation Fax: 5020199-345
Website: www.pacpc.net
HISTORY OF THE INJURY
February 16, 2026
reported that he does not like school and does not want to retum. He explained, Law by Dave, APC "kids punch me." He reasoned that "because they want to take my chips." He also remarked that the other children, "make fun of me at school." 5210 Lewis Road, Suite 5A
Agoura Hills, California 91301 Collateral with Ms. Leslie Benitez.
RE: Name of Examinee: Ms. Benitez reported that was enrolled at George Dunn Elementary School In January of 2024 after relocating from Baldwin Park, Califomia to Realto, Califomia in Date of Birth: December of 2023. She stated that problems with the other children at the school Age: 7 years, 10 months started immediately after started attending Goerge Dunn Elementary School.
Language: English
She reported that the first week of school, "came home with redness on his Hand Dominance: Right-Handed nose." Ms. Benitez alleges that verbalized being punched and hit by a student.
Date of injury: January 2024 to November 18, 2025 Ms. Benitez stated that she verbally addressed the matter with the school administrator.
Date of Evaluation: January 10, 2026
Mr. Lange.
PSYCHOLOGICAL CONSULTATION has reportedly been a victim of repeat bullying at school since January of 2024. Ms. Benitez reported initial discussions about aggressive incidents toward Emiliano Chavez was examined on January 10, 2026, in my Ceritos, California office by other students, verbally with the vice principal. However, transitioning for a psychological evaluation. Included in this report are the findings from this communication to email and text messages with school administration to maintain a record of incidents.
examination and a list of the psychological test results; see the Appendix. Medical records were also reviewed and incorporated into this evaluation. Ms. Benitez described various physical aggressive attacks by other school children onto CONSENT that include being pushed, punched, and pushed off playground equipment. has exhibited bruises and scratches on various areas of his body as a result of various physical aggression by the other school children. She stated that these physical The examinee was accompanied by their legal guardian, Ms. Leslie Benitez. Ms. attacks on her son were occurring several times per week.
Benitez was informed of the purpose, scope, and nature of the evaluation for examinee.
Chavez. She was notified of the limits of confidentiality. Ms. Benitez indicated understanding and provided informed consent prior to participation. The examine was In December of 2024, Ms. Benitez retained the services of an attorney specializing in Individual Education Programs (IEP). This attorney brought Ms. Benitez's bullying informed of the purpose of the examination in age-appropriate language to help orient concerns to the attention of the school district. Nevertheless, the patient to the examination process. Ms. Benitez was present for the entirety of the continued to be bullied at school.
evaluation. She provided additional information and assisted in the evaluation via support and prompting.
On November 18. 2025. Ms . Benitez received a notification from the school that was pushed to the floor and kicked in the abdomen by a student, and he was Re: -... Chavez Re: Chavez
complaining of that his stomach was hurting. Ms. Benitez verbalized feeling scared and Ms. Benitez denied any cognitive complaints for the patient. had her father pick Emiliano up from school. continued to report stomach pain and was taken to the doctor the same day. This doctor issued a note excusing Emiliano Physical Symptoms from school früm November 19, 2025, to November 24, 2025.
Ms. Benitez reported that will complain of stomach aches, that his head hurts Ms. Benitez reported becoming concemed when she leamed that the other children had and that his hand hurts on days that he goes to school. beew. bullying for his chips for some time." She expressed concerns about the lack of effeclive aduit supervision at the school, noting that her son was still being ACTIVITIES OF DAILY LIVING pushed and kicked despite assurances that a safety plan was in place. She stated that there was "no follow through" from the school with regard to the provisions of Emiliano's has some trouble with activities of daily living. His mother reported that, due to IEP. developmental issues, requires assistance with bathing, dressing, putting on his shoes, and brushing his teeth. He is unable to tie his shoelaces, and he struggles Overall, MS. Benitez affirms that that s fearful of returning to school, and that with buttons. He is particular about feeding and becomes upset if different food touch he feels unsafe due to the repeated incidents of bullying that he has experienced. each other. He also requires assistance with toileting, specifically wiping and cleaning after a bowel movement.
At the time of the undersigned's evaluation. has been on Winter break. He is scheduled to return to school on January 12, 2026. Ms. Benitez reported that she has TYPICAL DAY been working to prepare Emiliano for his return to school.
On a typical day when he is not at school, awakes at 8:00 a.m. His mother EXAMINEE'S REPORT OF SYMPTOMS & IMPAIRMENTS prepares his breakfast, he eats, and then he watches television for approximately 20 minutes. During the day, he plays with toys, has a snack (typically grapes, which is a When asked to describe the issues that are causing the most distress, the "favorite" food of his), and eats lunch at approximately noon. following issues were reported:
On a typical school day. awakes at 7:20 a.m., skips breakfast, and looks in the
1. "It makes me feel sad when I get punched" (per mirror for approximately 10 minutes. He requires help to get dressed and ready for the
2. "When kids are torturing him intentionally" (per Ms. Benitez). day ahead. His stepfather takes him to school at 8:00 a.m., and his matemal grandfather picks him of from school at 2:16 p.m. He spends the aftemoons with his Decression Symptoms grandparents until his mother picks him up to go home.
In describing his current emotional symptoms, stated that he feels "sad" that MEDICAL HISTORY the other children hurt him. Ms. Benitez reported that he cries, gets frustrated and irritable, he seems sad and seems hesitant in his social interactions. His mother medical history is notable for epilepsy, with his first seizure occurring at 11 reported that he will only play with children younger them him, and avoids interacting months old. These seizures were described as "full on body shakes," and are with older children. accompanied by flailing hands, dilated pupils, and his eyes rolling back into his head He is conscious but unresponsive during these episodes. To manage this condition.
Anxiety Symploms has been prescribed Levetiracetam. Ms. Benitez reported that these seizure episodes formerly occurred once per month basis but have improved since Emine knowledged having anxiety, stating feeling "scared about going back was formally diagnosed and prescribed medication. hool. His mother reported that since the bullying has started he seems reclusi around other children. He will only play with children younger than him. He seems 10 was diagnosed with asthma. He uses a humidifier to manage this ritable and sting on ant to tal Beltere reading hero maine el ring the night saying that he does not want to go to schoo As cited above, is also experiencing complaints in his stomach, hand, and ad, as well as heart palpitations and chest pain. He has been evaluated b Cognitive Symptoms diologist who found no problems. It has been suggested that these physi complaints may be psychosomatic in origin and related to anxiety.
ALTO
Re: Chavez Re: Chavez
native language is English. He also speaks Spanish as a secondary has no surgical history. No future surgeries are planned. language with his matemal grandparents.
Apart from the incidents of bullying described above, has no additional history FAMILY HISTORY of head trauma.
mother is 26 years old. She lives with in Rialto, Califomia. She has Dy terend enter when the paris rest can a Base d a high school education and works as a Parent Ambassador at the Regional Center.
When asked about his relationship with his mother, stated "She's my mommy." problem in fi mana tiger is nable foreples and autism, diabetes and kimey is estranged from his father. Ms. Benitez reported that Emiliano does not have a relationship with his biological father. His father's age is unknown. His father lives in El Monte, Califomia. He has a high school education and is employed as a manager at a CURRENT MEDICATION CVS store.
; currently prescribed the following medications: According to Ms. Benitez, she and biological father are separated due to his father being "toxic" and "unhelpful "in canng for His parents separated when • Levetiracetam liquid (100 mg/4 ml), two times per day, for epilepsy/seizures. mother was 18 years old, and has lived with his mother since that time.
mother denied administering any medications not prescribed to him, or taking more than the recommended dosages of his prescription medications. He has good has a one-year-old half-sister, Aguire. is in good health. gets medication compliance managed and administer by his mother. along with his sister, and the two siblings interact on a daily basis. lives with his mother, his sister Eva, and his stepfather in Rialto. Califomia.
MENTAL HEALTH HISTORY
has never been involved in psychotherapy. He has never been prescribed medications for mood or problematic behavior. He has never been psychiatrically has had an individual Education Plan (IEP) since he was in kindergarten. At hospitalized. Apart from his history of bullying at school, significant history of emotional the time of the undersigned's evaluation, it was reported that trauma was denied by his mother. place for his medical condition of epilepsy. She reported uncertainty if autism is reflected in the lEP however. the school oscholaist diagnosed the patient with autism family psychiatric history is notable for depression and anxiety in his matemal e has an individualized Program Plan (IPP) since the age of three years establishe family. rouah the Regional Center, regarding epilepsy and intellectual disabili DEVELOPMENTAL HISTORY is currently enrolled at George H. Dunn Elementary School, located within the Rialto Unified School District in Rialto, Califomia. He began attending this school in was born via induced delivery after 41 weeks gestation. He was delivered at January of 2024. Per Ms. Benitez, His second-grade teacher, Ms. Karla Realgeno, has Queen of the Valley Hospital in West Covina, Califomia. He weighed 6.14 ounces at is not disruptive, and is a "loving kid" who is a "pleasure birth and was measured at 20 inches long. He was raised by his biological mother in the to have in class." However, he is currently falling behind, his grades are "not good," and cities of West Covina, Baldwin Park, and currently in Rialto, California. developmental milestones were delayed. He was able to turn over by himself has a history of bullying that has been ongoing for at nine months, sat without assistance at ten months, began crawling at eleven months, approximately one year. Ms. Benitez reported that bullying began when he stand by himself at fourteen months, walked without assistance at fifteen months, transferred to George H. Dunn Elementary School. walked up stairs at eighteen months, and walked up stairs alone at twenty-four months.
He was bowel and bladder trained at the age of five years and continued to use a diaper previously attended schools within the Baldwin Park Unified School District until he was six years old. According to his mother, had never experienced problems with other children until his enrollment at Dunn Elementary School.
6 Re: Chavez Re: Chavez
SOCIAL HISTORY
The patient cantinued to avoid eye contact with the examiner as other toys such as a reported that he has one close friend at school, with whom he plays at recess. dollhouse, people figurines, a schoolhouse and a school bus were introduced. The He identified his current interests and hobbies as drawing, playing Pokémon games, patient was given an opportunity to explore the various toys introduced as the examiner and playing the video game Minecraft. explained to his mother the purpose of the play. The examiner attempted to engage the patient, who appeared more interested in solo play, placing toy furniture in the house.
LEGAL HISTORY and people figurines throughout the house. The patient named each figurine, mom. dad, grandma, grandpa and baby sister.
In addition to the current lawsuit, Ms. Benitez reported that she also filed two previous lawsuits against the Baldwin Park Unified School District and the Rialto Unified School The patient was responsive with short answers to the examiner's concrete questions District, due to discrepancies in IEP. Both of these lawsuits are in active about school (e.g. what grade was he in, his teacher's name, was he looking forward to litigation. retuming to school). The patient was unresponsive when additional questions were asked about why he did not want to retur to school. The examiner collaborated with his MENTAL STATUS EXAMINATION mother in the open-ended questions. He was receptive to his mother's questions evidenced by his fluid responses and brief elaboration. The patient described verbally was seen in the examiner's Cerritos office for his evaluation. He arrived on and through playing injuries sustained during physical assault by other children. As the time for the appointment and was accompanied by his mother and his grandmother. He play session ended, the patient was asked to clean up before being taken to a larger was casually dressed in a beanie, sweatshirt, sweatpants, and athletic shoes. He had office space for the collateral interview with his mother. He was receptive and offered good hygiene and good grooming. His vision was grossly intact without corrective toys and other activities such as drawing and coloring while this examiner spoke with lenses. His hearing was intact for conversation purposes. Motor activity was at an his mother. The patient chose to borrow color pencils, paper and three Inside Out appropriate level. Motor functions were grossly intact, and ambulated without Plushies (Anxiety, Anger and Sadness). When asked why he chose those three plushies, he stated, "I don't know."
presented as cooperative and alert. He was oriented to person and purpose. During collateral interview with Ms. Benitez, the patient was supervised by his maternal age appropriate for young children within his age group. Speech was intact, and grandmother. The examiner was able to observe the patient's interaction with his appropriate for volume, rate, and prosody. Language comprehension was generally caregiver. The patient appeared much more comfortable, playful, exhibited euthymic concrete. As a result, the clinician made the clinical decision to only administer the mood, engaged in appropriate play and was interactive with his grandmother. parent version of the psychiatric screens. Short-term and long-term memory seemed to be intact for the purpose of this evaluation and age appropriate. The patient required his The patient sporadically approached the examiner and stated that he had drawn mother to provide detailed history of the incidents that have occurred in school. Thought pictures for the examiner. The examiner briefly engaged the patient in identifying his processes was concrete. There was no evidence of impulsivity. hobbies and his favorite things which he verbalized with more ease and made eye stable. His affect was initially neutral and slow to warm up to and was congruent to his contact with this examiner. curious and cautious mood. As the examination progressed the patient appeared more receptive and exhibited as euthymic with congruent mood.
EVALUATION PROCEDURE
avoided eye contact and stood next to his mother
while holding a 67 plushy. The clinician met the patient at eye level and explained her The cognitive, mood, personality, and other psychological assessment techniques used role as a feelings doctor that wanted to leam about his feelings. The examiner informed in this examination are listed below. All tests were interpreted personally. the patient that we would talk while we played. The patient verbally agreed to participate with a brief statement "okay." and walked ahead of his mother and side by side with this Chavez examiner. The patient appeared curious and asked where this examiner's office was. : Colateranteerview th Collateral interview with ... _ mother, Ms. Lesley Benitez Upon arriving to the office, the patient waited for his mother and until asked to enter. • Behavior Assessment System for Children, 3rd Edition-Patient Rating Scale- The examiner informed the patient of office rules and expectations regarding cleanup Child and asking before retrieving toys. The patient was invited into the office and introduced • Child and Adolescent Trauma Screen (CATS) Caregiver Report (Ages 7-17 to the toy shelve in which he focused on the Inside Out plushies and asked to hold years • Faces and Emotions Chart
Re: Chavez Re: Chavez
Screen for Child Anxiety Related Disorders (SCARED) Parent Version Child and Adolescent Trauma Screen (CATS) Caregiver Report (Ages 7-17 years)- : Review of Records is a standardized screening tool designed to assess a child's exposure to potentially traumatic events and the presences of postraumatic stress symptoms based on caregiver observations. It aligns with the DSM-5 PTSD. The total symptom score of 15 PSYCHOLOGICAL TEST RESULTS or higher is commonly used as a clinical cutoff, indicating clinically significant trauma- related symptoms.
Behavior Assessment System for Children-3rd Edition (BASC-3) - Parent Rating Scale - Child - was utilized to gather quantitative indication of emotional and Ms. Benitez's marked the following as stressful and scary events that have happened to behavioral functioning. The BASC-3-Parent Scale-Child was administered to the mother the patient. Additionally, she identified "school" as the stressful event that is bothering in English to screen behavioral and emotional strengths and weaknesses. The results the patient the most now. are from the mother's description of her son. • Slapped, punched, or beat up by someone not in the family. • Serious accident or injury like a car/bike crash, dog bite, sports aclivity.
Stressful or scary medical procedure.
• Other stressful or scary event: "School Incidents"
VALIDITY INDEX SUMMARY
Findex Response Patter Consistency Ms. Benitez's score of 18 is above the threshold and indicative of probable PTSD for the Acceptable Acceptable Acceptable patient. His mother indicated that these problems interfere with school or work. Ms.
Raw Score: 12 Benitez endorsed the following items regarding the patient:
Raw Score: 0 Raw Score: 96
Almost always
EMOTIONAL DISTURBANCE QUALIFICATION SCALES (EDQs) SUMMARY • Problems with concentration.
Emotional 95% Half of the time
Disturbance Percentile Confidence Clinical Indicator • Upsetting thoughts or images about a stressful event Or re-enacting a stressful Qualification Raw Score TScore Rank Interval
event in play.
Composites (EDQCs) • Some strang physical reactions when reminded of a stressful event.
EDQC 1:
Unsatisfactory As-Rak:
Interpersonal 371 55 91 62-6B Once in a while
Relationships • Acting, playing or feeling as if a stressful event is happening right now.
EDQC 2: Feeling very emotionally upset when reminded of a stressful event.
Inappropriate 410 61 85 58-64
Behavior/Feelings Negative changes in how he thinks about self, others and the world after a EDQC 3: stressful event.
Unhappiness or 102 51 63 45-57 Acceptable
Depression • Having very negative emotional states
EDOC 4: • Losing interest in activities he enjoyed before a stressful event. Including no Physical Symptoms or 112 57 78 50-64 Acceptable playing as much.
Fears • Being Imitable. Or having angry outbursts without a good reason and taking it out EDQC 5% on other people or things.
Schizophrenia and 68-74 • Being overly alert or on guard Related Disorders of 339 71 97
• Trouble falling or staving asleep
Thought
Social Maladjustment Indicator Absent
Faces: Emiliano was given two pages of various faces that reflect various emotions. He was asked to mark any of the faces that he feels are reflective of his current mood. 10 Re: Chavez Re: Chavez
marked the following faces: Hungry, Confident and Grief. Additionally, provided concrete context to the Confident face "I feel cool;" and to the Grief face, "I don't like school."
Screen for Child Anxiety Related Disorders (SCARED) Parent Version- is a 41-item rating scale completed by a caregiver to assess symptoms of anxiety in children and adolescents. It evaluates anxiety symptoms over the past three months across five domains: Panic/Somatic symptoms, Generalized Anxiety, Separation Anxiety, social anxiety and school avoidance. Scores 25-30 suggests the presence of a clinically significant anxiety disorder. Scores higher than 30 is more specific indicator of an anxiety disorder.
Ms. Benitez's score of 33 is above the threshold and indicative of an anxiety disorder.
Her endorsed responses also suggest anxiety that causes significant school avoidance such as
• My child gets headaches when he is at school.
• My child gets stomach aches at school
• My child wores about going to school.
• My child is scared to go to school
REVIEW OF RECORDS (28 Pages)
12 CITY OF RIALTO
TY CLERA
Re: Chavez Re: Chavez
Golden State Pediatrics - Release Details,
November 19, 2025,
This brief document indicates that was released from school until November 24, 2025. The following rationale was provided:
Children's Hospital Los Angeles - Medical Letter for Chavez, Mother reports that patient is being bullied at school. This will have adverse effects on May 16, 2024 his physical & mental health. Please provide him with a safe place for his education.
This letter is signed by Dana O'Rourke, M.D., and provided the following inforation: DISCUSSION Chavez is 7-year-old, right-handed, Hispanic, male child who was referred for a psychodlagnostics consultation status post physical assault incidents that occurred between January of 2024 to the most recent on November 18, 2025. As a result of the person's seizure threshold, increasing the likelihood of experiencing seizures. physical assault, the patient has complained of both psychological (fear and sadness) and physical/orthopedic residuals (headaches, stomach aches and hand pain). This I am writing to you today to express my serious concern regarding the well-being of my evaluator is a Licensed Clinical Psychologist; therefore, the discussion of the patient's patient, has reported bullying from his peers, which can impact his physical/orthopedic complaints will be deferred to the appropriate specialists. The focus health and safety. Bullying can be a significant source of stress, and I am concerned that of this discussion will be on the psychological issues described herein. ine oncoine incidents are putting 31 a heichtened risk for seizures Furthermore, the reports of physical assault by bullies raise additional concerns. Head Based on the comprehensive assessment conducted, there is evidence to suggest that injuries can be a trigger for seizures, and any physical altercation could potentially lead is experiencing symptoms consistent with Posttraumatic Stress Disorder to a cerious medical enicade.
(PTSD). PTSD is a clinical condition that occurs after a traumatic event, such as an It is my medical professional recommendation that your school administration take accident, assault, or natural disaster (American Psychiatric Association, 2013). This immediate action to address these bullying incidents. A safe and supportive leaming disorder is characterized by symptoms from various clusters: reexperiencing environment is crucial for all students, but particularly for those with pre-existing medical (flashbacks or nightmares), avoidance (avoidance of situations, places and behaviors). conditions like epilepsy. negative alterations in cognition (socially withdrawn or increased frequency of negative emotional states) and alterations in arousal (problems with concentration, irritability, Regional Center-My Individual Program Plan (IPP), hypervigilance or sleep) symptoms of feeling scared, crying, increased February 12, 2025 imtability, talking back, and not wanting to go to school are common symptom presentation of how trauma is presented in young children. The combination of This document outlines developmental goals for Emiliano specifically communication, clinical interview and the parent reporting on the psychiatric screens in socialization, participation in community activities, education and leaming, personal combination with the timing of the symptom onset, suggests that the patient has hygiene and self-grooming, nutrition, physical movement, family support system, and developed PTSD as a result of this traumatic physical assault. emotional growth. Page 3, outlines mother's complaints about the patient being bullied at school, specifically within the past academic year. She noted that the last At this time, the patient has not received any psychotherapy treatment for his emotional IEP meeting was in February of 2025. She also notes that is experiencing trauma issues. He may benefit from some additional improvement in his mood if he difficulty maintaining academic tasks and progress. is physically hit and pushed were given adequate age-appropriate psychotherapy treatment such as play therapy. by other children. Per Ms. Benitez, the school psychologist has given Emiliano a Empirically validated treatments for PTSD include a combination of trauma informed diagnosis of Autism. based therapy, cognitive behavioral interventions, psychoeducation and psychiatric medications. However, specific treatment recommendations will be deferred to East Valley SELPA - Signature and Parent Consent, appropnate treating specialists.
November 19, 2025
In summary. has suffered a osychological iniury as a direct result of the This brief document indicates that mother, Ms. Benitez consented to the IEP physical assault and bullying he has been exposed to since January of 2024. The with the exception of "safety plan due to bullying; failed hearing test." physical injuries coupled with the emotional repercussions, disrupted his sense of stability, security and well-being in the academic school setting. The distressing impact 13 Re: Chavez Re: Chavez
of his injuries have emerged as a direct result of the emotional symptoms he has endured.
DSM-5-TR / ICD-10 DIAGNOSTIC IMPRESSION
F43.1 Posttraumatic Stress Disorder
Intellectual Disability (per History)
All of the opinions in this report are true to a reasonable medical probability.
Rule out:
Should you require any further information, please do not hesitate ta contact this office F84.0 Autism Spectrum Disorder Dated this 16m day of February 2026 in Los Angeles County, California TREATMENT RECOMMENDATIONS Very truly yours.
• Individual psychotherapy (e.g. play therapy) is recommended to help with psychiatric symptoms. This treatment should be provided on an in- person basis and involve caregivers to assist the patient in meeting through treatment goals.
• The patient benefits from academic supports to provide a safe learning Idred Ortiz, Psy environment that eliminates physical attacks and aggression toward the patient. inical Psychologist PSY282 IEP goals should include a detailed safety plan of action to support a healthy and Psychological Assessment Center, PC safe leaming environment for the patient.
• The patient may benefit from a formal psychological evaluation for Autism to determine if his developmental issues are exclusively the result of Intellectual Disability or in combination with Autism. The patient may benefit from additional resources and services if he does in fact have a Autism and a formal evaluation has been completed. This evaluation may be completed through regional center by a qualified licensed clinical psychologist or psychiatrist. • This evaluator recommends a follow up with a neurologist for the patient's complaints of headaches.
15 16
Re: Emiliano Chavez
APPENDIX: Test Results
Raw: Hange Motestation Noons
CATS 18 15 or Above-Clinical Threshold Probable PTSO CATS Manual 25-30 dlinically signifcant
33 anxiety disorder. Above the threshold for specific
SCARED anxiety disorder SCARED Manus!
Above 30-specic anxiety disorder
Exhibit F: Psychotherapy referral
17 Specialty Reason
Referrals
Pain Consultation and possible treatmen: for pain
Name: Chavez Date of Birth: Management
•Diagnosis: F43.1 Language: English
Chiropractic care to alleviate iscomfort.
Provider: Mildred Ortiz, Psy.D. FSY2827 Date of Referral: 02/02/2026 Chiropractic enhance physica! movement, and prevent Care recurrence of pain syripoms
Referral to evaluate appropriateness for
Specialty Reason Physical physical therapy to improve physical Therapy functioning, strength. flebility, and impreve
pain
Individual Brief course of psychothurapy X
Psychotherapy Neuro- Referral to evaltiate visual and oculomator system
Group therapy to target specific topics using optometrist paychoedation and puer support
Group • Cognitive Remeciation Hed light thempy/photobiomoulation is Psychotherapy • Pain Manegement Photobiomodulation recommended for post-traumatic pain , PTSD
Referal for therapautic excucins to reduce
Exosomes neurconfemmation, promote neural
Psychiatry Evaluation for med cation regenerationm and enhance bloed vessel Brief screening to asseas if concussion is
Concussion present; best if conducted witta 6 mortha
Px benents trom in-omce play therapy that wid
Screening Other support his emotional needs and expression.
Process trauma and Ican interventions to improve
communication
Comprehensive evaluation to assess
Neuropsychological cognitive. emational, and behavioral Px benefts from Individual Education Plan (IEP) functioning to Infcom diagnosis and that outines sacial-emotional needs, and safety Evaluation treatment planning; best if conducted efter 6 chilicon
Neurology
marma
Neuro magna is recommended:
Brain Imaging • DTI MRi
• MPLI
CITY CLERK RECEIVE- 207S MAR 26 PM 4:06 CITY OF RIALIO
Orthopedist
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