District Wins Right to Exit 6-Year-Old from Special Ed After Reassessment Shows No Disability

Lancaster Elementary School District sought to exit a six-year-old student from special education after reassessment showed he no longer met eligibility criteria for autism or any other qualifying disability. The student had received special education services since age three based on an autism diagnosis, but multiple independent and district assessments found no current evidence of autistic-like behaviors or other disabling conditions. The ALJ ruled in favor of the district, allowing the student to be exited from special education and transitioned to the general education program.

What Happened

This case involved a six-year-old student who had been receiving special education services since age three, when the Los Angeles Unified School District (LAUSD) identified him as eligible for special education based on an autism diagnosis. His original IEP, developed in late 2003 and early 2004, placed him in a special day class and provided extensive services including speech/language therapy, occupational therapy, and intensive behavioral intervention (15 hours per week of discrete trial training). His family later moved to Lancaster, and Lancaster Elementary School District took over his program, continuing all services under the original LAUSD IEP.

As the student progressed, multiple evaluations — including a detailed independent psychoeducational assessment funded by LAUSD, a district multidisciplinary assessment, and reports from his behavioral service provider — consistently found that he no longer exhibited autistic-like behaviors. He was performing at or above grade level academically, functioning well socially, and his behavioral service provider concluded his development had actually exceeded the level at which discrete trial training was appropriate. Parents disagreed with the eligibility determination and refused to consent to the proposed IEP exiting their son from special education. Because no agreement could be reached, the district filed for due process to obtain authorization to exit the student from special education. Parents and their advocate did not appear at the hearing despite multiple opportunities and continuances.

What the ALJ Found

The ALJ ruled entirely in favor of the district, finding that Lancaster had properly carried out its legal obligation to reassess the student before exiting him from special education. Key findings included:

The independent assessment supported no autism diagnosis. Dr. Kurt Kuekes, Ph.D., conducted a thorough independent psychoeducational assessment over multiple sessions spanning May and August 2006. After extensive observation and formal testing, he concluded the student no longer met diagnostic criteria for autism. The student's current presentation was best described as Pervasive Developmental Disorder – Not Otherwise Specified (PDD-NOS), a condition that did not rise to the level requiring special education services.
Academic and adaptive functioning were in the normal range. Formal testing showed the student's academic skills clustered in the average-to-above-average range. His adaptive behavior composite score was 99 (within the "adequate" range). His teacher described him as an excellent, capable student who completed work at close to 100 percent of what was assigned.
No evidence supported eligibility for Other Health Impairment (OHI). Because the independent assessor noted the mother's report of a seizure disorder, the district conducted an additional multidisciplinary assessment specifically to evaluate OHI eligibility. No school personnel had ever observed a seizure or any health-related impact on the student's classroom performance, and the assessment team concluded the OHI criteria were not met.
Behavioral services were no longer needed. The student's behavioral service provider, California Psychcare, Inc., confirmed in December 2006 that the student's level of functioning had surpassed the criteria for discrete trial training and that he no longer needed behavioral intervention at school. Any remaining behavioral concerns (e.g., compliance issues at home) were recommended to be addressed through Regional Center services, not school-based special education.
The district's assessment process was legally adequate. The district assessed the student in all areas of suspected disability using multiple qualified professionals, reviewed prior assessments, gathered input from parents and teachers, and did not rely on any single score or test. The ALJ found the process fully complied with IDEA and California law.

What Was Ordered

The district was authorized to exit the student from the special education program.
The student was to be transitioned into the general education program at Sierra Elementary School.
All requests by the student's parents to maintain special education eligibility and related services were effectively denied.

Why This Matters for Parents

A disability diagnosis from early childhood does not guarantee lifelong eligibility. Children can and do make significant progress, and if reassessment shows a child no longer meets eligibility criteria, the district can legally exit them from special education. If your child was identified early with autism or another disability, understand that eligibility is reviewed on an ongoing basis — not assumed forever.
You have the right to disagree with eligibility determinations, but you must show up and participate. In this case, the parents refused to attend the hearing after multiple continuances were granted. As a result, no evidence or argument was presented on the student's behalf, and the district's case went entirely unchallenged. If you disagree with a district's decision, work with an advocate or attorney and participate fully in the process.
An independent educational evaluation (IEE) can cut both ways. The independent assessment funded by LAUSD — obtained specifically because parents disagreed with the district — ultimately supported the district's conclusion that the student no longer had autism. If you request an IEE, understand that its findings may not always support your position.
Behavioral services can be discontinued if a student no longer needs them. Even intensive services like 15 hours per week of behavioral intervention can be removed if qualified providers determine the student has progressed beyond needing them. Document your child's needs at home and share that information with the school, because discrepancies between home and school behavior (as noted here) may not be enough on their own to maintain eligibility.
If the district wants to exit your child from special education, they must conduct a full reassessment first — and you can request that it be comprehensive. California law requires reassessment in all areas of suspected disability before a student can be exited. Parents have the right to participate in that process, provide input, and request that specific areas be evaluated. Use this right proactively to ensure the assessment is thorough and reflects your child's full picture.

What Happened

What the ALJ Found

The independent assessment supported no autism diagnosis. Dr. Kurt Kuekes, Ph.D., conducted a thorough independent psychoeducational assessment over multiple sessions spanning May and August 2006. After extensive observation and formal testing, he concluded the student no longer met diagnostic criteria for autism. The student's current presentation was best described as Pervasive Developmental Disorder – Not Otherwise Specified (PDD-NOS), a condition that did not rise to the level requiring special education services.
Academic and adaptive functioning were in the normal range. Formal testing showed the student's academic skills clustered in the average-to-above-average range. His adaptive behavior composite score was 99 (within the "adequate" range). His teacher described him as an excellent, capable student who completed work at close to 100 percent of what was assigned.
No evidence supported eligibility for Other Health Impairment (OHI). Because the independent assessor noted the mother's report of a seizure disorder, the district conducted an additional multidisciplinary assessment specifically to evaluate OHI eligibility. No school personnel had ever observed a seizure or any health-related impact on the student's classroom performance, and the assessment team concluded the OHI criteria were not met.
Behavioral services were no longer needed. The student's behavioral service provider, California Psychcare, Inc., confirmed in December 2006 that the student's level of functioning had surpassed the criteria for discrete trial training and that he no longer needed behavioral intervention at school. Any remaining behavioral concerns (e.g., compliance issues at home) were recommended to be addressed through Regional Center services, not school-based special education.
The district's assessment process was legally adequate. The district assessed the student in all areas of suspected disability using multiple qualified professionals, reviewed prior assessments, gathered input from parents and teachers, and did not rely on any single score or test. The ALJ found the process fully complied with IDEA and California law.

What Was Ordered

The district was authorized to exit the student from the special education program.
The student was to be transitioned into the general education program at Sierra Elementary School.
All requests by the student's parents to maintain special education eligibility and related services were effectively denied.

Why This Matters for Parents

A disability diagnosis from early childhood does not guarantee lifelong eligibility. Children can and do make significant progress, and if reassessment shows a child no longer meets eligibility criteria, the district can legally exit them from special education. If your child was identified early with autism or another disability, understand that eligibility is reviewed on an ongoing basis — not assumed forever.
You have the right to disagree with eligibility determinations, but you must show up and participate. In this case, the parents refused to attend the hearing after multiple continuances were granted. As a result, no evidence or argument was presented on the student's behalf, and the district's case went entirely unchallenged. If you disagree with a district's decision, work with an advocate or attorney and participate fully in the process.
An independent educational evaluation (IEE) can cut both ways. The independent assessment funded by LAUSD — obtained specifically because parents disagreed with the district — ultimately supported the district's conclusion that the student no longer had autism. If you request an IEE, understand that its findings may not always support your position.
Behavioral services can be discontinued if a student no longer needs them. Even intensive services like 15 hours per week of behavioral intervention can be removed if qualified providers determine the student has progressed beyond needing them. Document your child's needs at home and share that information with the school, because discrepancies between home and school behavior (as noted here) may not be enough on their own to maintain eligibility.
If the district wants to exit your child from special education, they must conduct a full reassessment first — and you can request that it be comprehensive. California law requires reassessment in all areas of suspected disability before a student can be exited. Parents have the right to participate in that process, provide input, and request that specific areas be evaluated. Use this right proactively to ensure the assessment is thorough and reflects your child's full picture.