District Must Reimburse Parents Who Paid for Autism Assessments After Child-Find Failure

A parent of a student with autism requested a school assessment twice in 2003, but Huntington Beach City Elementary School District failed to follow through after the second request. Because the district never confirmed whether parents received the consent form it mailed, parents were left without district support and paid out of pocket for private evaluations and therapy. The ALJ ordered the district to reimburse those private expenses but denied compensatory education because Student was progressing well under her current program.

What Happened

Student was a ten-year-old girl attending a private school (Huntington Christian School) when her parents began noticing problems with her attention, behavior, and social interactions starting in first grade. In March 2003, a psychiatrist who examined Student wrote a note recommending an IEP and assessment through the public school. Student's mother hand-delivered this note to the family's home district school, Hawes Elementary, along with a letter asking for Student to be assessed. The district's school psychologist followed up by phone, but during that call Student's mother said she had decided to keep Student in private school and would pursue private services instead. The district did not proceed with an assessment at that time.

By November 2003, Student had been diagnosed with autism by a doctor at UC Irvine. Student's mother hand-delivered a new letter to the school formally requesting an educational assessment and an IEP. The district prepared a consent-for-assessment form and claimed it mailed it to the family, but no cover letter was found in the district's files and Student's mother never received anything. Neither the district nor the parents followed up after that. Believing the district was ignoring them, parents went ahead and hired private evaluators and therapists throughout 2004, spending over $26,000. It was not until October 2004, when Student's attorney contacted the district, that things moved forward — and Student finally received an IEP in December 2004.

What the ALJ Found

The ALJ ruled that the district did not violate its child-find duties in March 2003, because the school psychologist had reasonably called to gather more information, and Student's mother told her the family no longer wanted a district assessment. A parent's request for an assessment does not automatically require the district to proceed if the parent withdraws that request.

However, the district did violate its child-find obligations after the November 2003 request. When Student's mother delivered documentation of an autism diagnosis and asked for an assessment, the district had clear notice of a likely disability. The district prepared and apparently mailed a consent form — but never confirmed receipt and never followed up when no response came. The ALJ found this failure to follow up was negligent. As a result, Student went without any district services from November 2003 through December 2004.

Because the district failed to assess Student appropriately, parents had the legal right to obtain private assessments at public expense. The ALJ found all the private evaluations and therapies parents paid for during 2004 were reasonable and necessary, and ordered the district to reimburse those costs. However, Student's request for compensatory education was denied because no expert testified that she needed it, and evidence showed she was doing well in her current program.

What Was Ordered

The district must reimburse Student's parents for all private assessment and therapy expenses from 2004 (totaling approximately $26,000-plus in documented costs) within 60 days of receiving proof of payment such as invoices and cancelled checks.
Student's request for compensatory education was denied.

Why This Matters for Parents

If you make an assessment request, always follow up in writing and confirm receipt. The district claimed it mailed a consent form — but had no cover letter in its files, and parents never got it. A single piece of mail can fall through the cracks. Send requests via certified mail, email, or hand-delivery with a signed receipt, and follow up if you don't hear back within a few weeks.
If the district fails to assess your child, you may have the right to be reimbursed for private evaluations. California law allows parents to obtain independent evaluations at public expense when the district fails to properly assess a student. If you end up paying for private assessments because the district didn't act, document every expense carefully — you may be able to recover those costs.
Telling the district "never mind" can close the door on your rights — at least temporarily. Student's mother withdrew the first assessment request over the phone. The ALJ used that withdrawal to excuse the district's inaction in 2003. If you're uncertain, it's better to let an assessment proceed than to stop the process verbally, because it can be used against you later.
Compensatory education requires evidence that your child actually needs it. Even when a district violates FAPE, you won't automatically receive compensatory services. Parents must present expert testimony showing that the child missed meaningful educational opportunities and needs additional services to catch up. If your child is doing well, that cuts against a compensatory education award — so gather evidence of the impact of any missed services while the denial is happening.

What Happened

What the ALJ Found

What Was Ordered

The district must reimburse Student's parents for all private assessment and therapy expenses from 2004 (totaling approximately $26,000-plus in documented costs) within 60 days of receiving proof of payment such as invoices and cancelled checks.
Student's request for compensatory education was denied.

Why This Matters for Parents

If you make an assessment request, always follow up in writing and confirm receipt. The district claimed it mailed a consent form — but had no cover letter in its files, and parents never got it. A single piece of mail can fall through the cracks. Send requests via certified mail, email, or hand-delivery with a signed receipt, and follow up if you don't hear back within a few weeks.
If the district fails to assess your child, you may have the right to be reimbursed for private evaluations. California law allows parents to obtain independent evaluations at public expense when the district fails to properly assess a student. If you end up paying for private assessments because the district didn't act, document every expense carefully — you may be able to recover those costs.
Telling the district "never mind" can close the door on your rights — at least temporarily. Student's mother withdrew the first assessment request over the phone. The ALJ used that withdrawal to excuse the district's inaction in 2003. If you're uncertain, it's better to let an assessment proceed than to stop the process verbally, because it can be used against you later.
Compensatory education requires evidence that your child actually needs it. Even when a district violates FAPE, you won't automatically receive compensatory services. Parents must present expert testimony showing that the child missed meaningful educational opportunities and needs additional services to catch up. If your child is doing well, that cuts against a compensatory education award — so gather evidence of the impact of any missed services while the denial is happening.