District Wins Right to Assess Autistic Student Who Refused to Be Available

Irvine Unified School District filed for due process after a parent signed an assessment plan for her autistic son but then repeatedly prevented the assessments from being completed. The ALJ ruled in favor of the District, finding that a student receiving special education services must make himself reasonably available for required reassessments. The order made clear that a student who blocks assessments risks losing his right to receive special education benefits at public expense.

What Happened

Student is a young man with autism who was approaching his 21st birthday at the time of the hearing. He receives an extensive home-based educational program funded by the District, including one-on-one instruction, speech and language therapy, occupational therapy, horseback riding therapy, physical therapy, and consultation services — totaling up to 46 hours per week. He has severe sensory processing deficits, moderately to severely delayed language, and erratic sleep patterns. Because of his significant needs, he had not had a formal completed assessment since elementary school, even though the law requires reassessments at least every three years.

In December 2004, the District proposed an assessment plan covering all areas of suspected disability. Parent signed the plan but added a note saying she was not consenting to any standardized assessments. The District's consultant, Dr. Robert Patterson, completed a partial assessment in March 2005, finding Student's cognitive ability was at the two-to-four-year-old range, and flagged that additional assessments were still needed. Over the following two years, the District made repeated accommodations to address Parent's concerns — scheduling assessments in the evening hours at the family's home, bringing in assessors who had known Student for years, and even arranging for Student's own private service providers to be present. Despite all of this, the assessments were never completed. After Student scratched his cornea in January 2007, Parent canceled the scheduled assessments and never contacted the District to reschedule. The District filed for due process seeking an order requiring Student to be made available for the assessments.

What the ALJ Found

Because the District prevailed, this section addresses why the ALJ sided with the District rather than the parent.

The ALJ found that Parent had in fact signed the amended assessment plan in November 2006 without placing any restrictions on it, meaning consent was not actually in dispute. The real issue was that Student was simply not being made available. The ALJ found Parent's claim that she did not intend to cancel the assessments indefinitely to be not credible, because she never followed up to reschedule after the January 2007 cancellation.

The ALJ emphasized that the District had gone to exceptional lengths to accommodate Student's sensory and scheduling needs. Assessments were moved to evening hours, conducted in Student's home, and staffed by people familiar to him — including one provider who had worked with Student for 11 years. Despite these accommodations, the assessments remained incomplete. The law requires the District to conduct reassessments in order to develop an appropriate educational program, and the District simply cannot fulfill that legal obligation without current information about Student's skills and needs. A student who prevents a district from conducting required assessments is not entitled to continue receiving special education benefits.

What Was Ordered

The District is authorized to conduct a full reassessment of Student according to the assessment plan dated December 15, 2004, as amended on September 1, 2006.
If Student wishes to continue receiving special education benefits at public expense, Student — with Parent's assistance — must make himself reasonably available for all assessments listed in the approved assessment plan.

Why This Matters for Parents

Signing an assessment plan is a legal commitment. Once a parent signs an assessment plan — even with informal notes or verbal reservations — that consent is legally binding. If you have concerns about specific tests, raise them formally in writing before signing, or negotiate changes to the plan itself before you put your signature on it.
Districts have the legal right to assess, and courts will enforce it. Under both federal and California law, school districts must conduct reassessments at least every three years. If a parent blocks those assessments, the district can go to a hearing officer and get a court-like order compelling participation. Refusing access to assessments is not a protected parenting choice — it can result in loss of services.
Accommodations during assessments can and should be negotiated. This case shows that parents can successfully advocate for the time, location, and personnel used in an assessment. The District agreed to evening hours, home-based testing, and familiar assessors. If your child has significant sensory or behavioral needs, request these accommodations in writing before assessments begin — don't wait until assessment day.
Failing to reschedule after a cancellation will hurt your credibility. The ALJ found Parent not credible specifically because she canceled and then never followed up. If a genuine emergency causes a cancellation, contact the District promptly in writing to reschedule. Silence reads as obstruction, not good faith.

What Happened

What the ALJ Found

Because the District prevailed, this section addresses why the ALJ sided with the District rather than the parent.

What Was Ordered

The District is authorized to conduct a full reassessment of Student according to the assessment plan dated December 15, 2004, as amended on September 1, 2006.
If Student wishes to continue receiving special education benefits at public expense, Student — with Parent's assistance — must make himself reasonably available for all assessments listed in the approved assessment plan.

Why This Matters for Parents

Signing an assessment plan is a legal commitment. Once a parent signs an assessment plan — even with informal notes or verbal reservations — that consent is legally binding. If you have concerns about specific tests, raise them formally in writing before signing, or negotiate changes to the plan itself before you put your signature on it.
Districts have the legal right to assess, and courts will enforce it. Under both federal and California law, school districts must conduct reassessments at least every three years. If a parent blocks those assessments, the district can go to a hearing officer and get a court-like order compelling participation. Refusing access to assessments is not a protected parenting choice — it can result in loss of services.
Accommodations during assessments can and should be negotiated. This case shows that parents can successfully advocate for the time, location, and personnel used in an assessment. The District agreed to evening hours, home-based testing, and familiar assessors. If your child has significant sensory or behavioral needs, request these accommodations in writing before assessments begin — don't wait until assessment day.
Failing to reschedule after a cancellation will hurt your credibility. The ALJ found Parent not credible specifically because she canceled and then never followed up. If a genuine emergency causes a cancellation, contact the District promptly in writing to reschedule. Silence reads as obstruction, not good faith.