Father Cannot Unilaterally Pull Daughter from Special Ed While She Attends Public School

What Happened

Student was a 12-year-old sixth grader attending Mt. Gleason Middle School in the Los Angeles Unified School District. She had struggled academically since first grade, and in 2003, after interventions in the general education classroom failed to close the gap, the district assessed her and found her eligible for special education under the category of Specific Learning Disability (SLD). The assessment identified deficits in auditory processing and memory that caused a significant gap between her intellectual ability — which fell in the average range — and her actual academic achievement in reading, writing, and math. Father signed the initial IEP and consented to services.

Over time, Father came to believe that Student's struggles were caused not by a disability but by a poor first-grade teacher who had failed to properly teach her to read. He stopped consenting to IEPs beginning in late 2005, briefly transferred Student to a school in another district to remove her from the special education system, and ultimately filed a due process complaint arguing that Student should be exited from special education — or, in the alternative, that he had the right to withdraw her from special education unilaterally. The district conducted two additional assessments (in 2006 and 2007), both of which continued to find Student eligible for special education as a student with SLD. Father did not present any expert testimony, independent assessments, or other objective evidence to challenge those findings.

What the ALJ Found

The ALJ found against the parent on both issues. First, regarding eligibility, the ALJ found that Father failed to meet his burden of proving that Student no longer qualified for special education. Three separate psychoeducational assessments — conducted in 2003, 2006, and 2007 — consistently documented an auditory processing disorder that created a severe discrepancy between Student's cognitive ability and her academic performance. Student's classroom grades, standardized test scores, and teacher reports all confirmed she continued to struggle significantly below grade level. Father offered only his own testimony and a theory about a bad first-grade teacher, which the ALJ found unpersuasive given that multiple credentialed professionals with direct knowledge of Student's performance reached the opposite conclusion.

Second, the ALJ addressed whether Father could simply revoke his consent and pull Student out of special education. The ALJ ruled he could not. Under California and federal law, once a student is receiving special education services, a parent cannot unilaterally end those services while the child attends a public school. The decision about whether a child continues to need special education belongs to the IEP team as a whole — not to the parent alone. If a parent refuses all special education services after previously consenting, the proper procedure is for the school district to file for a due process hearing. The ALJ noted that the district itself had failed to follow this procedure, but since Student raised no objection to that failure, it did not change the outcome.

What Was Ordered

1. Student's requests for relief were denied in their entirety.
2. The district prevailed on all issues heard and decided.

Why This Matters for Parents

1. Disagreeing with a special education label is not enough to get your child exited. To exit a child from special education, either the district must reassess and find the child no longer eligible, or the child must graduate or turn 22. A parent's belief that the disability diagnosis is wrong — without supporting evidence — will not be sufficient to convince a hearing officer.

2. You cannot unilaterally remove your child from special education while they attend a public school. Under current law, the IEP team — not the parent alone — decides whether a child continues to receive special education. If you refuse services, the district is supposed to file for a due process hearing. Simply refusing to sign IEPs or enrolling your child in another school district does not legally exit your child from special education.

3. If you believe your child's struggles have a different cause, you need evidence — not just your own opinion. Father's theory that a bad teacher caused all of Student's problems was rejected because he brought no expert, no independent assessment, and no documentation. If you genuinely believe your child has been misidentified, request an Independent Educational Evaluation (IEE) at public expense and bring qualified professionals to support your position.

4. Transferring your child to another district temporarily does not erase a special education eligibility determination. Student's brief enrollment in another district did not legally remove her from special education in LAUSD. When she returned, her eligibility status was unchanged. If you are considering this strategy, know that it is unlikely to achieve the result you are hoping for.