LAUSD Ordered to Fund Independent Eval After Refusing to Assess Kindergartner

A five-year-old student enrolled in a Los Angeles Unified School District kindergarten for only 11 days before his parent requested a special education assessment due to severe behavioral concerns. The district refused to assess him, citing limited school experience and no prior interventions, and an assistant principal made the decision unilaterally without convening a Student Study Team or consulting a school psychologist. The ALJ found the district violated its legal duty to assess but denied compensatory education; the student was awarded an independent educational evaluation at district expense.

What Happened

Student was a five-year-old African American boy who enrolled in kindergarten at a Los Angeles Unified School District elementary school in October 2005, after being reunited with his parent following several years in foster care. Within days of starting school, Student's behavior became a serious concern — teacher referral notes documented him roaming the playground, refusing directions, doing flips, walking on tables, and tearing up other students' work. After four behavioral incidents in less than two weeks, Parent submitted a written request for a special education assessment on October 18, 2005 — just six days after enrollment. Parent also verbally requested an assessment directly from the principal.

The district refused to assess Student. An assistant principal unilaterally decided that Student's behavior didn't warrant an assessment because, in her view, the teacher's behavior intervention strategies were working. She did not convene a Student Study Team (SST), did not consult the school psychologist, and did not show the psychologist any of the teacher referral notes. On November 3, 2005, the principal refused to sign the district's own written response to Parent's referral and told Parent to "get them out of here." Parent ultimately enrolled Student in a therapeutic nursery program at Shields for Families. Student was later diagnosed with Post-Traumatic Stress Disorder (PTSD) and placed on medication. He moved out of the district in January 2006 and eventually enrolled in Long Beach Unified School District, where he had still not been assessed at the time of the hearing.

What the ALJ Found

The ALJ found that the district did fail its legal duty to assess Student. Under California law, a parent's written referral for a special education assessment must initiate the assessment process — the district cannot simply refuse it. The assistant principal's unilateral rejection of Parent's referral, without involving the school psychologist or convening an SST, was improper. The district's own policies required a team approach before delaying or declining an assessment, and those procedures were never followed. The ALJ also noted that the district's concern about over-identifying African American students as emotionally disturbed — while a real and valid policy goal — did not excuse it from its legal obligation to assess a student upon a parent's initial written request.

However, the ALJ ruled in the district's favor on most other issues. Student was never diagnosed with a qualifying disability through a formal assessment, so he was not legally entitled to a FAPE. Even if the district had assessed him immediately and found him eligible, the IEP meeting wouldn't have been required until after Student left the district. The procedural violations — including the principal's failure to sign the response on time and the late delivery of teacher referral notes — were found to be technical violations that did not meaningfully prevent Parent from participating in the process. Compensatory education was denied because Student had no confirmed disability and had already left the district.

What Was Ordered

The district must fund an independent educational evaluation (IEE) for Student in all areas of suspected disability.
Student must complete the evaluation and provide the district with an itemized bill within 65 days of the decision date, or the right to the IEE is waived.
Parent's requests for compensatory education were denied.

Why This Matters for Parents

A parent's written assessment request must start the process — the district cannot simply say no. Under California law, a parent's written referral for special education assessment legally initiates the process. A district cannot unilaterally reject an initial request just because it thinks the student needs more time to adjust or hasn't tried enough interventions yet.
Districts must follow their own procedures before declining an assessment. This district had a policy requiring a Student Study Team — including the school psychologist — before deciding to delay or deny an assessment. When the assistant principal skipped that process entirely, it became a legal violation. If a district tells you it won't assess your child, ask in writing what process they used and who was involved in that decision.
If the district won't assess, you may be entitled to an independent evaluation at public expense. Because the district never assessed Student, the ALJ ordered it to pay for an independent evaluation — even though Student had moved to a different district. This evaluation could then be shared with the new district to inform future IEP decisions.
Leaving the district complicates your legal remedies. Because Student moved out of LAUSD before the IEP timeline would have required action, the ALJ found the district had no obligation to provide a FAPE — even though the district had acted improperly. If your child is having serious problems and you're considering moving, be aware that changing districts mid-dispute can limit what you can recover.

What Happened

What the ALJ Found

What Was Ordered

The district must fund an independent educational evaluation (IEE) for Student in all areas of suspected disability.
Student must complete the evaluation and provide the district with an itemized bill within 65 days of the decision date, or the right to the IEE is waived.
Parent's requests for compensatory education were denied.

Why This Matters for Parents

A parent's written assessment request must start the process — the district cannot simply say no. Under California law, a parent's written referral for special education assessment legally initiates the process. A district cannot unilaterally reject an initial request just because it thinks the student needs more time to adjust or hasn't tried enough interventions yet.
Districts must follow their own procedures before declining an assessment. This district had a policy requiring a Student Study Team — including the school psychologist — before deciding to delay or deny an assessment. When the assistant principal skipped that process entirely, it became a legal violation. If a district tells you it won't assess your child, ask in writing what process they used and who was involved in that decision.
If the district won't assess, you may be entitled to an independent evaluation at public expense. Because the district never assessed Student, the ALJ ordered it to pay for an independent evaluation — even though Student had moved to a different district. This evaluation could then be shared with the new district to inform future IEP decisions.
Leaving the district complicates your legal remedies. Because Student moved out of LAUSD before the IEP timeline would have required action, the ALJ found the district had no obligation to provide a FAPE — even though the district had acted improperly. If your child is having serious problems and you're considering moving, be aware that changing districts mid-dispute can limit what you can recover.