District Must Reimburse Independent Assessments It Failed to Challenge

A parent obtained independent recreational therapy and speech-language assessments after disagreeing with the district's evaluations of her autistic nephew. Garden Grove Unified did not file for due process to defend its own assessments, so the ALJ ordered it to reimburse $2,200 for those private evaluations. The district prevailed on the larger FAPE and compensatory education claims, but the parent's persistence on independent evaluations paid off.

What Happened

Student is a boy born in June 1994 who was diagnosed with autism and ADHD. He transferred to Garden Grove Unified School District in August 2003, and his aunt was later granted educational guardianship over him. The district developed an initial IEP in September 2003 that placed Student in a general education second-grade classroom with aide support, speech-language therapy, occupational therapy, and physical therapy — closely mirroring the services he had received from his prior school district. Student made meaningful academic and social progress during second grade, and the ALJ found that the district's IEP process and resulting program were appropriate.

The dispute centered on Student's social difficulties. His aunt observed that during recess he stood alone by the swings or tether-ball pole, never engaging with other children. In December 2004, she requested that the district conduct a recreational therapy assessment to address these social needs. The district refused, asserting its existing programs were adequate. The aunt then gave the district written notice that she was obtaining the assessment privately and would seek reimbursement. She later did the same for a private speech-language assessment, notifying the district in writing before obtaining it. The district never filed for due process to defend its own evaluations or to challenge the private ones.

What the ALJ Found

The district prevailed on the major FAPE and compensatory education claims. The ALJ found that the district had appropriately assessed Student and that its IEP — including a plan to shift intensive behavioral instruction (IBI) aide support to recess and lunch to address Student's social needs — was reasonably designed to provide a free and appropriate public education. The ALJ acknowledged a legitimate methodological disagreement between the private recreational therapist and the district's IBI supervisor, but found no basis to conclude that one approach was more valid than the other. Because FAPE was found, there was nothing to compensate for.

However, the district lost on the reimbursement issue for the two independent evaluations. Under federal law, when a parent disagrees with a district's evaluation and requests an independent educational evaluation (IEE), the district must do one of two things: either pay for the independent evaluation, or promptly file for due process to prove its own evaluation was appropriate. Garden Grove did neither. It simply wrote a letter asserting its programs were adequate and waited while the aunt went ahead with the private assessments. By failing to challenge those evaluations in a timely way, the district forfeited its right to refuse payment. The ALJ ordered reimbursement of $700 for the recreational therapy assessment and $1,500 for the speech-language assessment.

The aunt's request for reimbursement of a third assessment — an audiological evaluation — was denied. Unlike the other two, she never notified the district before obtaining the audiology assessment and never shared the results with district staff. Because the district had no opportunity to respond or file for due process, the ALJ found she had assumed the financial risk herself.

What Was Ordered

The district shall pay Student's aunt $2,200 as reimbursement for the costs of the private recreational therapy assessment ($700) and the private speech-language assessment ($1,500).
All other claims — including compensatory education and enforcement of a prior state compliance order — were denied.

Why This Matters for Parents

If you disagree with a district evaluation, put it in writing and give the district a chance to respond before you obtain a private one. The law gives districts a choice: pay for your independent evaluation or file for due process to defend their own. If they do neither, they generally must reimburse you. This case shows that a simple written notice can protect your right to reimbursement.
Always notify the district before obtaining any independent assessment you want reimbursed. The aunt lost $485 in audiology costs because she didn't give the district advance notice. Courts and ALJs treat the notice requirement seriously — skipping it means you assume the financial risk.
A district's silence is not the same as agreement. The district here never formally challenged the private assessments, and that inaction cost it $2,200. If you send proper notice and the district does nothing, document that non-response carefully.
Methodological disagreements alone don't win FAPE claims. The ALJ found that preferring a recreational therapist over IBI aides was a legitimate difference of opinion, not a FAPE violation. To win a FAPE claim, parents generally need to show that the district's program was not reasonably calculated to help the child — not just that a different approach might be better.

What Happened

What the ALJ Found

What Was Ordered

The district shall pay Student's aunt $2,200 as reimbursement for the costs of the private recreational therapy assessment ($700) and the private speech-language assessment ($1,500).
All other claims — including compensatory education and enforcement of a prior state compliance order — were denied.

Why This Matters for Parents

If you disagree with a district evaluation, put it in writing and give the district a chance to respond before you obtain a private one. The law gives districts a choice: pay for your independent evaluation or file for due process to defend their own. If they do neither, they generally must reimburse you. This case shows that a simple written notice can protect your right to reimbursement.
Always notify the district before obtaining any independent assessment you want reimbursed. The aunt lost $485 in audiology costs because she didn't give the district advance notice. Courts and ALJs treat the notice requirement seriously — skipping it means you assume the financial risk.
A district's silence is not the same as agreement. The district here never formally challenged the private assessments, and that inaction cost it $2,200. If you send proper notice and the district does nothing, document that non-response carefully.
Methodological disagreements alone don't win FAPE claims. The ALJ found that preferring a recreational therapist over IBI aides was a legitimate difference of opinion, not a FAPE violation. To win a FAPE claim, parents generally need to show that the district's program was not reasonably calculated to help the child — not just that a different approach might be better.