District Wins Right to Conduct Triennial Assessment Over Parent Refusal

Manteca Unified School District sought permission to conduct a mandatory triennial reassessment of a third-grade student with a speech and language disability after her parents refused to consent. The parents wanted their daughter removed from special education entirely, believing she no longer needed services. The ALJ ruled in the district's favor, finding that the law requires a reassessment before any student can be exited from special education, and that the district had followed proper procedures.

What Happened

Student was a nine-year-old third grader at New Haven Elementary School who had been receiving special education services since May 2003, when she was found eligible under the category of Speech or Language Impairment. Her challenges included difficulty answering "Wh" questions (who, what, when, where, why), poor verbal problem-solving skills, limited peer interaction, and trouble with pragmatics (the social use of language). She had made some progress over the years — for example, improving her eye contact — but her teacher continued to observe consistent struggles with verbal tasks in the classroom as recently as the week before the hearing.

In September 2005, Student's mother went to school and demanded that Student be immediately removed from special education, believing her daughter no longer needed speech or language services. The district explained that it could not simply drop a student from special education without first conducting a reassessment to determine whether she still qualified. The parents refused to consent to any assessment — both in September 2005 and again in April 2006 when the district sent a formal triennial assessment plan. Student had been refusing speech services since September 2005 while continuing to attend her general education classroom. The district filed for due process to obtain the legal right to assess Student without parental consent. Neither Student nor her parents appeared at the hearing.

What the ALJ Found

Because the district prevailed, this section explains why the ALJ sided with the district and rejected the parents' refusal to consent to assessment.

The ALJ found that the district was legally required to conduct a triennial reassessment — a full evaluation that must happen at least once every three years for all students receiving special education services. Student's first triennial was due by May 2006, and no amount of parental disagreement could waive that legal requirement. More importantly, the law is clear: a school district cannot exit a student from special education without first conducting a reassessment to confirm the student is no longer eligible. The parents wanted Student removed from services, but that very request made the assessment more necessary, not less.

The ALJ also found that the district had followed proper procedures. It sent the assessment plan with required notice of parental rights, gave parents the required 15 days to respond, and had multiple staff members explain the legal process to the parents by phone. The planned assessments would be conducted by a qualified, licensed speech-language therapist with years of experience working with Student. The district had taken all reasonable steps to obtain consent — the parents simply refused. Under California law, a district can override a parent's refusal to consent to assessment by proving at a due process hearing that the assessment is needed. The district met that standard here.

The ALJ did note one limitation: the September 2005 assessment request (which would have been a second assessment within one year) was not independently justified because the district had no evidence of a change in Student's needs beyond the parents' request to stop services. However, the April 2006 triennial assessment plan was fully upheld.

What Was Ordered

The district is authorized to conduct Student's reassessment pursuant to the triennial assessment plan dated April 7, 2006.
Parents must make Student reasonably available for the reassessments.

Why This Matters for Parents

You cannot remove your child from special education simply by asking. The law requires that a full reassessment be completed before any student can be exited from special education services. If you believe your child no longer needs services, the district must assess first — and you must consent to that assessment.
Refusing to consent to a triennial assessment can backfire. If you withhold consent, the district can take you to due process and a judge can override your refusal. The triennial assessment (required every three years) is not optional — it is a legal requirement designed to protect your child's rights, not just the district's.
Your child's classroom performance is evidence. In this case, Student's teacher testified about ongoing struggles with verbal tasks that were consistent with the original IEP. Even though the parents believed their child had improved, the classroom teacher's firsthand observations carried significant weight with the ALJ.
If you disagree with a district's assessment findings, you have options beyond refusing. You can request an Independent Educational Evaluation (IEE) at district expense, attend IEP meetings to advocate for your position, or seek a due process hearing yourself. Refusing to allow any assessment leaves your child in legal limbo and can result in a hearing officer ordering the assessment anyway.

What Happened

What the ALJ Found

Because the district prevailed, this section explains why the ALJ sided with the district and rejected the parents' refusal to consent to assessment.

What Was Ordered

The district is authorized to conduct Student's reassessment pursuant to the triennial assessment plan dated April 7, 2006.
Parents must make Student reasonably available for the reassessments.

Why This Matters for Parents

You cannot remove your child from special education simply by asking. The law requires that a full reassessment be completed before any student can be exited from special education services. If you believe your child no longer needs services, the district must assess first — and you must consent to that assessment.
Refusing to consent to a triennial assessment can backfire. If you withhold consent, the district can take you to due process and a judge can override your refusal. The triennial assessment (required every three years) is not optional — it is a legal requirement designed to protect your child's rights, not just the district's.
Your child's classroom performance is evidence. In this case, Student's teacher testified about ongoing struggles with verbal tasks that were consistent with the original IEP. Even though the parents believed their child had improved, the classroom teacher's firsthand observations carried significant weight with the ALJ.
If you disagree with a district's assessment findings, you have options beyond refusing. You can request an Independent Educational Evaluation (IEE) at district expense, attend IEP meetings to advocate for your position, or seek a due process hearing yourself. Refusing to allow any assessment leaves your child in legal limbo and can result in a hearing officer ordering the assessment anyway.