District Must Include Parent in Eligibility Decision — IEE Ordered for Excluded Mom

Pajaro Valley Unified School District assessed a 14-year-old student for special education but made the eligibility determination without involving his mother or notifying his attorney. The ALJ found this violated state and federal law requiring parents to participate in the determination of whether a child qualifies for special education. The student was awarded an independent educational evaluation (IEE) at public expense.

What Happened

Student was a 14-year-old eighth grader in Pajaro Valley Unified School District with a long history of academic struggles, behavioral problems, and high absenteeism. His grades were nearly all D's and F's, he had 96 documented discipline incidents over two years, and he was facing expulsion after bringing a multi-tool knife to school. His mother — a monolingual Spanish speaker — was deeply worried and requested that the District conduct a special education assessment to determine whether her son had unmet educational needs. The District agreed and assembled a team to evaluate Student in areas including cognition, perception, academics, communication, health, and social/emotional functioning.

After completing the assessment in May 2005, the District concluded Student was not eligible for special education services. The assessment report was signed only by the four District staff members who conducted it — there was no signature line for Student's mother, and she was not included in the meeting where the eligibility decision was made. The family's attorney had been promised notice of any meetings but was never contacted. He only received a copy of the completed report after requesting it — after the decision had already been made. When the family requested an independent educational evaluation (IEE) at public expense, the District refused and filed for a due process hearing to defend its assessment.

What the District Did Wrong

Excluding the parent from the eligibility determination. Both state and federal law are clear: after testing is complete, the parent must be part of the group that decides whether a child qualifies for special education — not just informed of the conclusion afterward. California Education Code section 56304 and 56329(a), and federal regulation 34 C.F.R. § 300.534(a), all require parents to participate in that meeting. Here, the District's own assessment report showed no sign that Student's mother was ever part of that determination. She was presented with a finished decision rather than invited to help make it.

Failing to notify the parent's attorney. The family's attorney had specifically and repeatedly asked to be notified about meetings related to Student's case. A District administrator had even promised he would receive notice. Instead, the District confirmed in writing that its practice was to notify only the parent — not the parent's legal representative — even when a representative had clearly requested notice. The ALJ found this practice inconsistent with the requirement that the parent and her representatives be included in eligibility meetings.

Failing to document required procedural safeguards. The District had Student's mother sign forms in Spanish stating she received a copy of her procedural safeguards, but no copy of those safeguards was presented at the hearing. The District could not demonstrate it had actually provided the required written notice about her rights and the assessment process.

What Was Ordered

Student is entitled to an independent educational evaluation (IEE) at public expense. Upon receiving written proof of the cost, the District must reimburse the family for the IEE already obtained from Dr. Mark Burdick.
The District must comply with Education Code sections 56304 and 56329(a), and 34 C.F.R. § 300.534(a) — specifically, it must provide Student's mother and her attorney advance notice of, and a meaningful opportunity to participate in, all meetings concerning Student's assessment, educational placement, and eligibility for special education services.

Why This Matters for Parents

You have the legal right to be part of the eligibility decision — not just receive it. The law does not allow a school district to make the special education eligibility determination behind closed doors and then hand you the result. You must be included in the meeting where that decision is made. If you were not, the assessment process was likely flawed.
Put your requests for meeting notice in writing, and keep copies. This family's attorney repeatedly asked for meeting notice in writing. When the District confirmed it never notified him, that written record became key evidence in winning the case. Always make important requests by letter or email so there is a paper trail.
If you disagree with a school's assessment, you can request an IEE at public expense. When a parent disagrees with the district's evaluation, they have the right to ask for an independent evaluation paid for by the district. The district must either fund it or file for a due process hearing to defend its assessment. In this case, the District filed — and lost.
Your attorney or advocate has the right to be notified of meetings too. A district cannot limit meeting notices to only the parent while ignoring a known legal representative. If you have an advocate or attorney working on your child's case, make sure the school knows that in writing, and that you expect them to receive notice directly.

What Happened

What the District Did Wrong

What Was Ordered

Student is entitled to an independent educational evaluation (IEE) at public expense. Upon receiving written proof of the cost, the District must reimburse the family for the IEE already obtained from Dr. Mark Burdick.
The District must comply with Education Code sections 56304 and 56329(a), and 34 C.F.R. § 300.534(a) — specifically, it must provide Student's mother and her attorney advance notice of, and a meaningful opportunity to participate in, all meetings concerning Student's assessment, educational placement, and eligibility for special education services.

Why This Matters for Parents

You have the legal right to be part of the eligibility decision — not just receive it. The law does not allow a school district to make the special education eligibility determination behind closed doors and then hand you the result. You must be included in the meeting where that decision is made. If you were not, the assessment process was likely flawed.
Put your requests for meeting notice in writing, and keep copies. This family's attorney repeatedly asked for meeting notice in writing. When the District confirmed it never notified him, that written record became key evidence in winning the case. Always make important requests by letter or email so there is a paper trail.
If you disagree with a school's assessment, you can request an IEE at public expense. When a parent disagrees with the district's evaluation, they have the right to ask for an independent evaluation paid for by the district. The district must either fund it or file for a due process hearing to defend its assessment. In this case, the District filed — and lost.
Your attorney or advocate has the right to be notified of meetings too. A district cannot limit meeting notices to only the parent while ignoring a known legal representative. If you have an advocate or attorney working on your child's case, make sure the school knows that in writing, and that you expect them to receive notice directly.