San Diego USD Failed to Assess for Emotional Disturbance, Owes $66,920 for Utah Placement

A San Diego Unified School District school psychologist failed to assess a student for serious emotional disturbance even though she knew he was in therapy for depression and on medication. The district also failed to follow up in subsequent school years despite mounting evidence of the student's mental health crisis. The ALJ ordered the district to reimburse the father $66,920 for the cost of placing the student at a residential treatment school in Utah, and also ordered the district to conduct a proper assessment and develop an IEP.

What Happened

Student was a teenager enrolled in San Diego Unified School District who had been struggling academically and emotionally for years. His home life was turbulent — he had endured a long, bitter custody battle between his parents, reported verbal and physical abuse, had strained relationships with both parents, and was being treated for depression by a private therapist. In eighth grade, he was failing multiple classes. His mother requested an assessment for a learning disability in January 2004, and the district conducted one. However, despite knowing that Student was in therapy for depression and had been prescribed medication, the district's school psychologist did not assess him for serious emotional disturbance (sometimes called SED). The IEP team found Student ineligible for special education in May 2004.

Student's situation continued to deteriorate. By high school, he was truant, failing all his classes, using drugs, and eventually became involved in the juvenile justice system. He entered a district dropout recovery program called Connections, whose staff were in contact with Student's private therapist and were aware that his mental health problems were affecting his ability to learn. Still, the district never initiated a reassessment for emotional disturbance. In August 2005, a juvenile court ordered Student placed at Provo Canyon School, a secured residential treatment facility and school in Utah, as a condition of his probation. The father gave the district notice of the unilateral placement and sought reimbursement. The district responded by filing its own due process petition seeking permission to conduct an assessment of Student without parental consent.

What the District Did Wrong

The ALJ found that the district violated the IDEA in two significant ways. First, in May 2004, the district's school psychologist failed to assess Student for serious emotional disturbance even though she had enough information to suspect it was an area of disability. She knew Student was in therapy for depression and on medication, yet she later testified she did not suspect emotional problems at the time. The district's own expert, Dr. Penman, contradicted this, stating that any school psychologist who knew a student was being treated for depression and prescribed medication should assess for serious emotional disturbance. Because the district skipped this part of the assessment, it missed an eligibility category Student clearly qualified under.

Second, in the 2004-2005 and 2005-2006 school years, the district failed to meet its "child find" obligation — its legal duty to actively seek out students who may need special education services. District staff at the Connections program were directly told by Student's private therapist that his depression was causing his academic and behavioral problems. Yet no one initiated a follow-up assessment. The ALJ found that had the district conducted a proper assessment at any point from 2004 onward, it would have found Student eligible for special education under the category of serious emotional disturbance.

On the district's own petition — whether it could assess Student without parental consent — the district prevailed. The ALJ found the proposed assessment plan was appropriate and legally sufficient, and that parents who want their child to receive special education must allow the district to conduct its own evaluation.

What Was Ordered

The district must reimburse Father $66,920 within 45 days of receiving proof of payment for the cost of Student's transportation to and attendance at Provo Canyon School through the 2005-2006 school year.
The district must provide written notice at least 10 working days in advance of the assessment, and the father must make Student available for testing under the March 10, 2006 assessment plan. The assessment must be completed within 60 days of the decision.
Within 60 days of the decision, the district must convene an IEP team meeting and develop a legally sufficient IEP offering Student a free appropriate public education that reflects the findings of this decision.

Why This Matters for Parents

If your child is in therapy or on medication for mental health reasons, the district must assess for emotional disturbance. The law requires districts to assess in all areas of suspected disability. A district cannot limit an assessment to learning disabilities just because that is what a parent originally requested, when other red flags are plainly visible. Dr. Penman, the district's own expert, confirmed this standard.
The district's "child find" duty doesn't stop after one assessment. Even if a student is found ineligible the first time, the district is legally required to reassess when new information emerges. In this case, the district had multiple contacts over two years with staff who knew about Student's depression — and did nothing. That inaction was a separate FAPE violation.
Documenting your child's mental health treatment and sharing it with the school matters. In this case, the father informed district staff that Student was in therapy with a private psychologist. That disclosure created a legal obligation for the district to investigate further. Keep records of every communication you have with school staff about your child's mental health.
Parents who make unilateral placements can be reimbursed — but must give notice. Father sent a formal letter to the district before placing Student at Provo, which helped establish his right to reimbursement. The placement also had to be shown to actually provide Student with educational benefit, which the ALJ found it did. If you are considering a private placement, notify the district in writing beforehand and document the educational benefits of the placement.
If parents want special education services, they cannot block the district from doing its own assessment. Even if a private school has already evaluated your child, the district has the right to conduct its own evaluation. Refusing to cooperate with a district assessment can jeopardize your child's ability to receive services through the district.

What Happened

What the District Did Wrong

What Was Ordered

The district must reimburse Father $66,920 within 45 days of receiving proof of payment for the cost of Student's transportation to and attendance at Provo Canyon School through the 2005-2006 school year.
The district must provide written notice at least 10 working days in advance of the assessment, and the father must make Student available for testing under the March 10, 2006 assessment plan. The assessment must be completed within 60 days of the decision.
Within 60 days of the decision, the district must convene an IEP team meeting and develop a legally sufficient IEP offering Student a free appropriate public education that reflects the findings of this decision.

Why This Matters for Parents

If your child is in therapy or on medication for mental health reasons, the district must assess for emotional disturbance. The law requires districts to assess in all areas of suspected disability. A district cannot limit an assessment to learning disabilities just because that is what a parent originally requested, when other red flags are plainly visible. Dr. Penman, the district's own expert, confirmed this standard.
The district's "child find" duty doesn't stop after one assessment. Even if a student is found ineligible the first time, the district is legally required to reassess when new information emerges. In this case, the district had multiple contacts over two years with staff who knew about Student's depression — and did nothing. That inaction was a separate FAPE violation.
Documenting your child's mental health treatment and sharing it with the school matters. In this case, the father informed district staff that Student was in therapy with a private psychologist. That disclosure created a legal obligation for the district to investigate further. Keep records of every communication you have with school staff about your child's mental health.
Parents who make unilateral placements can be reimbursed — but must give notice. Father sent a formal letter to the district before placing Student at Provo, which helped establish his right to reimbursement. The placement also had to be shown to actually provide Student with educational benefit, which the ALJ found it did. If you are considering a private placement, notify the district in writing beforehand and document the educational benefits of the placement.
If parents want special education services, they cannot block the district from doing its own assessment. Even if a private school has already evaluated your child, the district has the right to conduct its own evaluation. Refusing to cooperate with a district assessment can jeopardize your child's ability to receive services through the district.