District Wins Right to Assess Student with Autism After Parent Blocks Evaluations

Chula Vista Elementary School District filed for due process after a parent signed a consent form agreeing to reassess their five-year-old daughter with autism, then refused to make the child available for any evaluations. The ALJ ruled that the district had both the legal authority and the educational necessity to conduct the assessments, and ordered the parent to cooperate. The district prevailed on all issues.

What Happened

Student is a five-and-a-half-year-old girl with autistic-like behaviors who was eligible for special education services through Chula Vista Elementary School District. She had not attended school during regular school hours since April 2005 — a gap of over eight months by the time this hearing took place. Because of this extended absence, the district determined it needed to reassess Student in several areas, including cognitive functioning, communication, motor skills, adaptive behavior, and academic readiness, in order to update her IEP and determine what educational programming she currently needed.

At an IEP meeting on October 20, 2005, the district presented Parent with a detailed assessment plan. Parent verbally agreed to the plan at the meeting and then signed the written consent form, initialing each section to confirm she understood the plan, gave permission for the evaluations, and would make Student available. Despite this clear agreement, Parent never made Student available for any assessment. She sent a letter saying she was removing Student from the school and enrolling her in a private school, and she stopped responding to the district's phone calls and letters. After multiple attempts to schedule the evaluations — including certified mail, overnight mail, and a formal IEP meeting that Parent did not attend — the district filed for due process to enforce the signed assessment plan.

What the ALJ Found

Because the parent prevailed on no issues, this section explains why the ALJ ruled in favor of the district.

The ALJ found that the district had a clear legal basis to reassess Student. Under California Education Code section 56381, a district must reassess a student when it determines that the student's educational needs warrant it — and that threshold was easily met here. Student had been out of school for more than six months, had global developmental delays across communication, motor skills, and adaptive behavior, and was approaching her triennial review. The existing assessment data was over a year old. The ALJ noted that for a five-year-old child with autism and cognitive deficits, developmental levels can change significantly in six months, and the district had a legal obligation to understand Student's current functioning in order to provide her an appropriate education.

The ALJ also noted that Parent had given express written consent to the assessment plan and never appeared at the due process hearing to offer any reason why the assessments should not proceed. Without any evidence from the parent's side, there was nothing to weigh against the district's well-documented need for current evaluation data. The ALJ concluded that the district satisfied both the substantive requirements (a genuine need for reassessment) and the procedural requirements (not more than one assessment per year, and the triennial review was coming due) of California law.

What Was Ordered

The district is authorized to assess Student in accordance with the October 20, 2005 Evaluation Plan.
The district must give Parent written notice at least five calendar days before each assessment, specifying the type, date, time, location, and approximate duration of the evaluation.
Parent is ordered to make Student available for all assessments specified in the Evaluation Plan.
The full Evaluation Plan must be completed within 120 days of the date of the decision (May 17, 2006).

Why This Matters for Parents

Signing an assessment consent form is a legally significant act. Once a parent signs a district's assessment plan, that agreement can be enforced — even if the parent later changes their mind and stops cooperating. If you have concerns about an assessment plan, raise them before signing or request modifications in writing before the IEP meeting ends.
Districts have the legal right to reassess students, especially after long absences. If your child has been out of school for an extended period, the district is likely entitled — and may be legally required — to update its assessment data. Blocking these evaluations can put you in a difficult legal position and may ultimately hurt your child's access to services.
Not showing up to a due process hearing is extremely risky. In this case, Parent did not appear and offered no evidence or testimony. The ALJ had nothing to weigh against the district's case. If you receive a due process hearing notice, you should respond and appear — even if you ultimately disagree with the district's position.
Removing your child from public school does not automatically end the district's authority to assess. Even after Parent attempted to dis-enroll Student and place her in a private school, the district retained the right to assess her and offer an Individual Service Plan. Understand that special education rights and obligations can follow your child into private placements in certain circumstances.

What Happened

What the ALJ Found

Because the parent prevailed on no issues, this section explains why the ALJ ruled in favor of the district.

What Was Ordered

The district is authorized to assess Student in accordance with the October 20, 2005 Evaluation Plan.
The district must give Parent written notice at least five calendar days before each assessment, specifying the type, date, time, location, and approximate duration of the evaluation.
Parent is ordered to make Student available for all assessments specified in the Evaluation Plan.
The full Evaluation Plan must be completed within 120 days of the date of the decision (May 17, 2006).

Why This Matters for Parents

Signing an assessment consent form is a legally significant act. Once a parent signs a district's assessment plan, that agreement can be enforced — even if the parent later changes their mind and stops cooperating. If you have concerns about an assessment plan, raise them before signing or request modifications in writing before the IEP meeting ends.
Districts have the legal right to reassess students, especially after long absences. If your child has been out of school for an extended period, the district is likely entitled — and may be legally required — to update its assessment data. Blocking these evaluations can put you in a difficult legal position and may ultimately hurt your child's access to services.
Not showing up to a due process hearing is extremely risky. In this case, Parent did not appear and offered no evidence or testimony. The ALJ had nothing to weigh against the district's case. If you receive a due process hearing notice, you should respond and appear — even if you ultimately disagree with the district's position.
Removing your child from public school does not automatically end the district's authority to assess. Even after Parent attempted to dis-enroll Student and place her in a private school, the district retained the right to assess her and offer an Individual Service Plan. Understand that special education rights and obligations can follow your child into private placements in certain circumstances.