District Wins: Parent's Failure to Notify CUSD of Prior IEP Dooms FAPE Claims

What Happened

Student is an African-American young man who was identified by the Los Angeles Unified School District (LAUSD) in June 2001 as eligible for special education due to a specific learning disability. His IEP included speech and language services and resource specialist support. However, in February 2002, his mother consented to an IEP amendment that exited Student from special education so he could attend a continuation school that did not serve special education students. In August 2002, Student transferred to Compton Unified School District's (CUSD) Compton High School. His parents enrolled him by checking the "regular education" box on the intradistrict transfer form and never provided CUSD with a copy of his IEPs. Student subsequently failed the vast majority of his classes over two years.

In mid-2004, the parents began requesting what they described as an assessment in "Ebonics" — the family's position was that their son's primary language was Nigritian Ebonics, not English, and that all assessments and services should be provided by someone trained in that language. The ALJ ruled that whether Ebonics constitutes a non-English "native language" was a policy question outside the scope of the hearing. The parents ultimately placed Student at Verbum Dei, a private Catholic high school, for the 2004–2005 school year and sought reimbursement from CUSD. They also sought reimbursement for a private psycho-educational assessment conducted by an LAUSD school psychologist at the family's request. CUSD denied all claims and prevailed on every issue.

What the ALJ Found

The parent did not adequately notify CUSD of the prior IEP. The ALJ found that the enrollment form the parent signed designated Student as a regular education student, no IEP documents were provided to CUSD, and there was nothing about Student's appearance or behavior that would have put the school on notice. The ALJ found the mother's testimony that she told the principal about the IEP not credible, particularly given the absence of any written follow-up over the next two years and the fact that the mother had previously exited Student from special education for reasons of convenience.

The prior IEP was no longer legally active. Because the parent had consented in February 2002 to exit Student from special education, the June 2001 IEP was no longer in effect when Student enrolled at CUSD. The ALJ ruled that CUSD therefore had no obligation to implement its services, hold annual or triennial IEP meetings, or provide speech or RSP services based on that document.

CUSD's delay in offering an assessment plan was real but not actionable. The ALJ found that the parent made a verbal request for special education assessment in May 2004, and that CUSD should have offered an assessment plan and completed an IEP meeting by approximately mid-to-late October 2004. CUSD did offer a plan in October 2004, but the delay, while a technical violation, was overshadowed by the parent's subsequent eleven-month refusal to consent to assessment, the family's refusal to make Student available for testing even after a settlement authorized CUSD to assess him, and the family's six-month delay in sharing the private assessment report with CUSD.

No basis for IEE reimbursement, private school reimbursement, or compensatory education. Because CUSD had not failed to provide a FAPE, the ALJ found no legal basis to reimburse the family for the $2,100 private assessment or the $3,994 in Verbum Dei costs. Compensatory education was also denied.

What Was Ordered

1. Student's requests for relief were denied in their entirety.
2. CUSD prevailed on all issues, including interim placement, assessment adequacy, FAPE denial, IEE reimbursement, private school reimbursement, and compensatory education.

Why This Matters for Parents

1. Put your child's IEP in writing when you transfer schools. This case turns almost entirely on the fact that the parent checked "regular education" on the enrollment form and never gave CUSD a copy of the IEP. If you are transferring to a new district, hand-deliver or send certified copies of all IEP documents on day one, and follow up in writing if the school does not schedule an IEP meeting within 30 days.

2. Exiting your child from special education has serious consequences. When Student's mother consented to the February 2002 IEP amendment that exited him from special education, she effectively ended the district's legal obligation to provide services. Even if that exit was driven by practical concerns like school location, it reset the clock. Parents should think carefully before signing any document that removes a child from special education eligibility.

3. Refusing to cooperate with a district's assessment can sink your case. The ALJ noted that the family's refusal to allow CUSD to assess Student — even after a legal settlement specifically authorized the assessment — was a major factor in denying all relief. Courts and hearing officers expect parents to act in good faith. Blocking an assessment while simultaneously claiming the district failed to assess your child is legally contradictory.

4. Policy disagreements about assessment methods do not substitute for special education procedure. The family's long-running campaign to have Student assessed in Ebonics was found to be outside the scope of a special education hearing. Even if a family has genuine concerns about cultural bias in testing, those concerns must be raised within the IEP process — not used as a reason to refuse all assessment entirely.