District Wins: No Child Find Violation When Parents Never Formally Requested Assessment

A parent sought reimbursement from Palos Verdes Peninsula Unified School District for the costs of their son's psychiatric hospitalization and out-of-state residential treatment during the 2004-2005 school year, claiming the district failed its child find obligations and denied him a FAPE. The ALJ ruled entirely in the district's favor, finding that the parents never formally requested a special education assessment, the district responded appropriately to the information it did receive, and the family's move to Colorado ended the district's responsibility before any assessment could occur.

What Happened

Student was a 15-year-old who had attended a private school (Rolling Hills Country Day School) from kindergarten through eighth grade within the Palos Verdes Peninsula Unified School District's boundaries. In 2001, when Student was 11 years old, his parents had requested and received a special education assessment from the district. The district found him ineligible at that time, and the parents accepted that finding and did not appeal. Over the next several years, Student began experiencing significant emotional and behavioral difficulties, saw a psychiatrist, and was prescribed medications for mood stabilization and ADHD.

In fall 2004, Student enrolled at Palos Verdes High School for ninth grade. Within eight days of starting school, he had a severe emotional crisis and was hospitalized. After one week in the hospital, his parents placed him in Youth Care Residential Treatment Center in Utah, where he also received educational services through the affiliated Pine Ridge Academy. His parents informed the district of the placement and returned his textbooks, prompting the district to formally withdraw him from school. The family subsequently moved to Colorado in February 2005. A month before moving, the parents — through an advocate — finally submitted a written request for a special education assessment. The district responded promptly with an assessment plan, but the family had already relocated out of state before any assessment could be completed. The parents then filed for due process, seeking reimbursement of over $52,000 in costs for hospitalization, residential treatment, travel, and advocacy fees.

What the ALJ Found

The ALJ denied all of the parents' claims and ruled entirely in the district's favor on every issue.

On the child find claims for the 2002–2004 school years, the ALJ found that the district had no reason to initiate an assessment on its own. The district maintained proper child find policies, participated in the Southwest SELPA's outreach efforts, and had no information from any source — including the parents — that Student had a disability requiring special education during those years. The parents had not requested another assessment since 2001.

On the 2004–2005 school year, the ALJ acknowledged that Student's mother did tell the school psychologist on the first day of school that her son had been diagnosed with a mood disorder and ADHD and was taking medications. However, the mother never formally requested a special education assessment that day — and the ALJ held that an informal disclosure of a diagnosis is not the same as a referral for assessment. The district responded reasonably by scheduling a Student Study Team (SST) meeting to monitor Student's adjustment before taking further steps. Under California law, a student must first be considered for regular education supports before being referred for special education, and the SST was an appropriate first step.

The ALJ further found that when the mother called the district in late September to report that Student was in a Utah facility and returned his textbooks, she effectively withdrew any implied request for assessment. The parents did not make a formal written request until January 2005 — just before moving to Colorado — and by then the district could not complete an assessment because the family had left the state. Since Student was never assessed and found eligible by this district, he could not be said to have had a right to FAPE from this district, and the parents were not entitled to reimbursement.

What Was Ordered

The student's request for reimbursement of all costs — including hospitalization, residential treatment, transportation, and advocacy fees — was denied in full.
The due process complaint was dismissed.

Why This Matters for Parents

A diagnosis is not the same as a referral — you must put your request for assessment in writing. Telling a school psychologist that your child has been diagnosed with ADHD or a mood disorder does not legally trigger the district's obligation to assess. Under California law, a referral for special education must be a written request. If you want an assessment, say so explicitly in writing and keep a copy.
The district can use an SST process as a first step before moving to special education. California law requires that regular education resources be considered before a student is referred for special education. If a district schedules an SST meeting rather than immediately assessing your child, that may be legally permissible — especially if you have not yet made a formal written request. Push for assessment in writing if you believe your child needs it.
If you place your child in a private or out-of-state program without first requesting a district assessment and getting a formal FAPE denial, reimbursement is very difficult to obtain. Reimbursement is available when the district has failed to offer FAPE and the private placement is appropriate. Here, the parents placed Student in Utah because of a mental health crisis — not because the district had denied him special education. The ALJ found the placement was a medical and parenting decision, not an educational one, which defeated the reimbursement claim.
Moving out of the district ends that district's legal responsibility. Once the family moved to Colorado in February 2025, Palos Verdes had no further obligation to Student. If your family is considering relocating, file any due process complaints or assessment requests well before the move and understand that your new school district — not the old one — will become responsible for your child's education.

What Happened

What the ALJ Found

The ALJ denied all of the parents' claims and ruled entirely in the district's favor on every issue.

What Was Ordered

The student's request for reimbursement of all costs — including hospitalization, residential treatment, transportation, and advocacy fees — was denied in full.
The due process complaint was dismissed.

Why This Matters for Parents

A diagnosis is not the same as a referral — you must put your request for assessment in writing. Telling a school psychologist that your child has been diagnosed with ADHD or a mood disorder does not legally trigger the district's obligation to assess. Under California law, a referral for special education must be a written request. If you want an assessment, say so explicitly in writing and keep a copy.
The district can use an SST process as a first step before moving to special education. California law requires that regular education resources be considered before a student is referred for special education. If a district schedules an SST meeting rather than immediately assessing your child, that may be legally permissible — especially if you have not yet made a formal written request. Push for assessment in writing if you believe your child needs it.
If you place your child in a private or out-of-state program without first requesting a district assessment and getting a formal FAPE denial, reimbursement is very difficult to obtain. Reimbursement is available when the district has failed to offer FAPE and the private placement is appropriate. Here, the parents placed Student in Utah because of a mental health crisis — not because the district had denied him special education. The ALJ found the placement was a medical and parenting decision, not an educational one, which defeated the reimbursement claim.
Moving out of the district ends that district's legal responsibility. Once the family moved to Colorado in February 2025, Palos Verdes had no further obligation to Student. If your family is considering relocating, file any due process complaints or assessment requests well before the move and understand that your new school district — not the old one — will become responsible for your child's education.