District's OT Assessment Invalid After Excluding Parent from Required Questionnaire

A five-year-old student with autism in the Yucaipa-Calimesa Joint Unified School District received an occupational therapy assessment that the ALJ found flawed because the district's evaluator gave a required parent questionnaire to an anonymous aide instead of the student's mother. The district filed for due process to defend its assessment and avoid funding an independent evaluation, but lost on both counts. The ALJ ordered the district to fund an independent occupational therapy evaluation at public expense.

What Happened

Student is a child with autism, born in April 2001, who had been receiving intensive services including 40 hours per week of Applied Behavioral Analysis (ABA) through a certified non-public agency. Student attended a private preschool under a prior OAH hearing decision and had a one-on-one aide throughout the school day. At a May 2006 IEP meeting, Parent requested an occupational therapy (OT) assessment of Student. The district conducted that assessment in August 2006, and when the IEP team reconvened in October to review the results, Parent disagreed with the assessment and its conclusions.

Parent then made a written request for an Independent Educational Evaluation (IEE) in occupational therapy at public expense. When a parent disagrees with a district's assessment, the district must either fund an independent evaluation or go to a due process hearing to prove its assessment was appropriate. The district chose to file for due process — essentially asking an ALJ to rule that its own assessment was good enough to deny the IEE request. The ALJ disagreed, found the assessment flawed, and ordered the district to fund the independent evaluation.

What the ALJ Found

The ALJ found that the district's OT assessment was not appropriate for two specific reasons.

1. The Short Sensory Profile was given to the wrong person. The Short Sensory Profile (SSP) is a standardized questionnaire specifically designed to be completed by a child's parent. Its written instructions direct the reader to describe how "your child" responds to various sensory experiences. Despite Parent being available, willing, and able to complete the form, the district's evaluator unilaterally decided to have an unnamed BEST aide fill it out instead. The evaluator did not even record the aide's name or relationship to Student on the form — information the instrument explicitly requires. The aide also left an entire section (Taste/Smell sensitivity) blank, presumably because she lacked the necessary knowledge of Student. When a different evaluator later had Parent complete the same questionnaire, the scores and conclusions came out significantly different. Administering a test contrary to its own instructions is a direct violation of federal and state assessment requirements.

2. The evaluator failed to review key records about Student's disability. The district's evaluator did not review a neurological assessment from a physician or a prior comprehensive occupational therapy assessment from Playworks, even though she was aware the Playworks report existed. Federal law requires assessors to be knowledgeable about a student's disability. Selectively reviewing records while ignoring relevant prior evaluations undermined the completeness and accuracy of the assessment.

The ALJ was careful to note that the evaluator was otherwise qualified — she held the appropriate license and professional experience — and that the test instruments themselves were appropriate choices for a child with limited verbal skills. The problem was not who conducted the assessment or what tools were selected, but how the tools were administered and what records were consulted.

What Was Ordered

The district's occupational therapy assessment was declared not appropriate.
Student is entitled to an Independent Educational Evaluation in Occupational Therapy at public expense.

Why This Matters for Parents

You have the right to participate in standardized questionnaires that are designed for parents. If a district evaluator uses a checklist or rating scale that asks about your child's behaviors at home, you should be the one completing it — not an aide, teacher, or other third party. If you are excluded from any part of an assessment, document it in writing immediately.
A district's assessment must follow the test's own instructions exactly. Federal law requires tests to be "administered by trained personnel in conformance with the instructions provided by the producer." If an evaluator skips items, omits sections, or changes who fills out a form, the assessment may be invalid — even if the evaluator is otherwise well-qualified.
Evaluators must review all relevant existing records about your child. A district assessor who ignores prior OT reports or medical evaluations — especially ones they know exist — is not getting a complete picture of your child's disability. You can ask the district in writing to confirm which records were reviewed as part of any assessment.
If you disagree with a district assessment, request an IEE in writing right away. The district must either fund the independent evaluation or immediately file for due process to defend its assessment. This case shows that when a parent pushes back and the district's assessment has real procedural flaws, the parent can win — even when the district is the one who initiated the hearing.

What Happened

What the ALJ Found

The ALJ found that the district's OT assessment was not appropriate for two specific reasons.

What Was Ordered

The district's occupational therapy assessment was declared not appropriate.
Student is entitled to an Independent Educational Evaluation in Occupational Therapy at public expense.

Why This Matters for Parents

You have the right to participate in standardized questionnaires that are designed for parents. If a district evaluator uses a checklist or rating scale that asks about your child's behaviors at home, you should be the one completing it — not an aide, teacher, or other third party. If you are excluded from any part of an assessment, document it in writing immediately.
A district's assessment must follow the test's own instructions exactly. Federal law requires tests to be "administered by trained personnel in conformance with the instructions provided by the producer." If an evaluator skips items, omits sections, or changes who fills out a form, the assessment may be invalid — even if the evaluator is otherwise well-qualified.
Evaluators must review all relevant existing records about your child. A district assessor who ignores prior OT reports or medical evaluations — especially ones they know exist — is not getting a complete picture of your child's disability. You can ask the district in writing to confirm which records were reviewed as part of any assessment.
If you disagree with a district assessment, request an IEE in writing right away. The district must either fund the independent evaluation or immediately file for due process to defend its assessment. This case shows that when a parent pushes back and the district's assessment has real procedural flaws, the parent can win — even when the district is the one who initiated the hearing.