District Wins Right to Assess Student Before IEE Can Be Ordered

A parent requested an Independent Educational Evaluation (IEE) at public expense after her son was traumatized by bullying at school, but the district had never yet conducted its own assessment. The ALJ ruled that the district had the right to assess Student first, and that an IEE at public expense is only available after a parent disagrees with the district's completed assessment. The district prevailed on all issues.

What Happened

Student was a 12-year-old seventh grader who had never previously been assessed for special education eligibility. While attending elementary school in the Oxnard Elementary School District, Student was the victim of battery, bullying, and taunting by another student. After the incident, Student became withdrawn, struggled to attend school, and had difficulty concentrating. He was subsequently diagnosed by a board-certified psychiatrist with Post-Traumatic Stress Disorder (PTSD). Parent was deeply dissatisfied with how the school handled the aftermath of the abuse, and Student lost all trust in district personnel as a result.

In November 2005, Parent made a written request to the district for an "independent outside assessment" — in other words, an IEE. The district responded by preparing a comprehensive assessment plan covering all suspected areas of disability and repeatedly asked for Parent's consent to conduct its own evaluation first. Parent refused to consent, and Student refused to participate in any district-conducted assessment. The district filed for a due process hearing to establish its right to assess Student and to address whether an IEE was premature.

What the ALJ Found

The ALJ ruled in favor of the district on all three issues presented.

On the district's right to assess: The ALJ found that the district had a legitimate right — and in fact an obligation — to assess Student. The district had proposed a thorough assessment plan covering academic achievement, social/emotional behavior, adaptive skills, motor development, intellectual development, and health. To address the family's concerns about bias from staff at the school Student had attended, the district arranged for a completely different assessment team from a school Student had never attended. Student's own psychiatrist testified that he had no reason to believe district personnel were incapable of conducting the assessment and that district staff were not a specific clinical risk to Student. The ALJ gave little weight to the family's private tutor's informal "assessment," as she could not identify any of the tools she used.

On compelling Student to participate: The ALJ recognized that while Student's parents must make Student available for the assessment if they wish to access special education rights and services, neither federal nor California law authorizes a court-style order literally compelling a child to submit to testing. The district was entitled to conduct the assessment, but the remedy was a requirement that parents make Student available — not a direct compulsion order against the child.

On the IEE at public expense: The ALJ ruled clearly that Parent was not entitled to an IEE at public expense at this time. Under the law, a parent's right to an IEE at public expense is triggered only after the district has completed its own assessment and the parent disagrees with the results. Because no district assessment had ever taken place, there was nothing yet to disagree with, and ordering an IEE would be premature.

What Was Ordered

The district is entitled to assess Student pursuant to the November 14, 2005 assessment plan, at a mutually agreed-upon time and location.
If Student's parents wish to access special education services, they must make Student available for assessment within 30 days of the order.
Parent is not entitled to an IEE at public expense at this time.

Why This Matters for Parents

The IEE process has a required sequence — you cannot skip the district assessment. Under both federal and California law, a parent's right to an IEE at public expense only arises after the district has completed its own assessment and the parent disagrees with it. Requesting an IEE before any district assessment has occurred will not be granted.
Distrust of district staff alone is not enough to block an assessment. Even though Student had suffered real trauma related to school staff, the ALJ found no clinical evidence that a district assessment would cause harm. The district also addressed the family's concerns by offering a completely different assessment team. Courts look for concrete evidence of risk, not just general distrust.
Refusing the district assessment can delay your child's access to services. If parents refuse to allow the district to assess their child, the child cannot qualify for special education or any of the protections that come with it. The clock on your right to an IEE doesn't start until the district finishes its evaluation.
The district can go to a hearing to override a parent's refusal to consent to an initial assessment. Many parents don't realize that a school district can file for due process to force an assessment over a parent's objection. If your child may need special education, engaging with the assessment process — while advocating for appropriate conditions — is usually a better strategy than refusing outright.

What Happened

What the ALJ Found

The ALJ ruled in favor of the district on all three issues presented.

What Was Ordered

The district is entitled to assess Student pursuant to the November 14, 2005 assessment plan, at a mutually agreed-upon time and location.
If Student's parents wish to access special education services, they must make Student available for assessment within 30 days of the order.
Parent is not entitled to an IEE at public expense at this time.

Why This Matters for Parents

The IEE process has a required sequence — you cannot skip the district assessment. Under both federal and California law, a parent's right to an IEE at public expense only arises after the district has completed its own assessment and the parent disagrees with it. Requesting an IEE before any district assessment has occurred will not be granted.
Distrust of district staff alone is not enough to block an assessment. Even though Student had suffered real trauma related to school staff, the ALJ found no clinical evidence that a district assessment would cause harm. The district also addressed the family's concerns by offering a completely different assessment team. Courts look for concrete evidence of risk, not just general distrust.
Refusing the district assessment can delay your child's access to services. If parents refuse to allow the district to assess their child, the child cannot qualify for special education or any of the protections that come with it. The clock on your right to an IEE doesn't start until the district finishes its evaluation.
The district can go to a hearing to override a parent's refusal to consent to an initial assessment. Many parents don't realize that a school district can file for due process to force an assessment over a parent's objection. If your child may need special education, engaging with the assessment process — while advocating for appropriate conditions — is usually a better strategy than refusing outright.