District Successfully Exits Student from Special Ed After Reassessment Shows No Disability

What Happened

Student, an 11-year-old girl, had originally been found eligible for special education by Los Angeles Unified School District during the 2003-2004 school year. That original determination was based on auditory processing and visual processing disorders, which placed her under the category of specific learning disability (SLD). Under the resulting IEP, she received counseling services and resource consultation in a general education setting. When Student transferred to Lancaster School District, she eventually enrolled at Endeavor Middle School. However, she was removed from Endeavor after being charged with an expellable offense and transferred to Crossroads Alternative School.

As part of a routine triennial reassessment — and in response to the parent's request to evaluate Student for emotional disturbance — Lancaster conducted a comprehensive multidisciplinary assessment in 2006. The assessment included tests of auditory processing, visual perception, academic achievement, emotional functioning, anxiety, depression, and attention. The results showed Student was performing in the average range across all academic areas and no longer demonstrated a processing disorder. At an IEP meeting in October 2006, the District's team recommended exiting Student from special education. Parent disagreed and refused to sign the IEP. Because Parent withheld consent, the District filed for due process to obtain a legal order permitting it to exit Student from special education. Parent did not appear at the hearing and did not respond to any notices.

What the ALJ Found

The ALJ ruled entirely in favor of the District. The hearing officer found that the District's reassessment was thorough, properly conducted, and appropriately interpreted. On the question of specific learning disability, the ALJ found that Student failed to meet either required element: she did not have a disorder in a basic psychological process (her auditory and visual processing scores were now in the average range), and her academic achievement scores did not show a severe discrepancy from her intellectual ability — she was performing in the average range across reading, math, and writing. The ALJ also looked at Student's real-world performance: her teachers reported she was capable of doing the work, and her failing grade in social sciences was traced to not turning in homework — not to a learning disability.

On the questions of emotional disturbance and other health impairment, the ALJ found the assessment results did not support eligibility under those categories either. Behavioral rating scales completed by parents, teachers, and Student herself showed no clinically significant emotional problems. And while Student had been diagnosed with Oppositional Defiant Disorder by an outside provider, the assessment determined this did not amount to ADHD or any other condition qualifying her for special education under the "other health impairment" category. The ALJ concluded that Student did not qualify for special education under any disability category and that the District had the right to exit her from the program.

What Was Ordered

1. Student is not eligible for special education.
2. Lancaster School District is permitted to exit Student from its special education program and discontinue all special education and related services.

Why This Matters for Parents

1. Districts can file for due process too — not just parents. Most parents think of due process as something they file when the district does something wrong. But districts can also file, as Lancaster did here, when they want to make a change (like exiting a student from special education) and a parent refuses to consent. If you receive a due process complaint filed by your district, it is critical that you respond and show up — Parent's failure to appear here meant the ALJ heard only one side of the story.

2. A student's eligibility can change over time. A child who qualified for special education in one school or at a younger age may not qualify later. Disabilities like auditory and visual processing disorders can look different as children develop. If your child was previously found eligible and is due for a triennial reassessment, review the results carefully before signing anything — or refusing to sign.

3. Failing grades alone do not prove a learning disability. Student received an F in social sciences, but the ALJ found this was caused by not turning in homework, not by a disability. If your child is struggling academically, work to document why — observations, teacher input, and work samples all matter when evaluating whether a learning disability is truly present.

4. If you disagree with a reassessment that says your child is no longer eligible, you have rights. Parents who believe a district's eligibility determination is wrong can request an Independent Educational Evaluation (IEE) at district expense, or file their own due process complaint. Simply refusing to sign the IEP — without taking further action — may not be enough to protect your child's services long-term, especially if the district decides to file for a hearing.