Boy with ADHD and Behavioral Issues Gets FAA Ordered but Denied NPS Placement

A nine-year-old boy with ADHD and serious behavioral challenges attended multiple elementary schools in Norwalk-La Mirada and ABC Unified districts before being identified as eligible for special education under Other Health Impaired. His grandfather and mother challenged both districts' failure to identify and assess him sooner, their adequacy of services, and the appropriateness of his general education placement. The ALJ ruled largely in favor of the districts but ordered ABC to conduct a Functional Analysis Assessment at district expense.

What Happened

The student is a boy who was born in May 1998 and attended elementary schools in the Norwalk-La Mirada Unified School District beginning in kindergarten in 2003. Throughout his time in Norwalk, he exhibited significant behavioral problems — including aggression toward peers, inability to follow rules, multiple disciplinary referrals, and transfers between three elementary schools — but was never referred for a special education assessment. Norwalk staff held Student Study Team (SST) meetings and implemented behavioral contracts, but believed his conduct stemmed from an unstable home environment rather than a disability. No physician diagnosed him with any condition while he was enrolled in Norwalk. In June 2006, the student was removed from his mother's home by child protective services and went to live with his grandfather in the ABC Unified School District.

When the student enrolled at Nixon Elementary in ABC in fall 2006, he was formally diagnosed with ADHD by a health professional. ABC eventually found him eligible for special education under the category of Other Health Impaired (OHI) at an IEP meeting in March 2007, after an initial February 2007 IEP meeting had found him ineligible. His grandfather and mother filed a due process complaint alleging that Norwalk had failed its child find obligation by not assessing him during 2005-2006, that ABC had improperly assessed him and initially denied eligibility, that his placement in a general education classroom with a one-to-one aide was insufficient, and that both districts failed to conduct a required Functional Analysis Assessment (FAA). The student sought compensatory education, an independent FAA, and placement in a therapeutic non-public school (NPS).

What the ALJ Found

The hearing officer issued a mixed ruling. The districts prevailed on most issues, but ABC was ordered to complete an FAA. Here is what the ALJ concluded on each issue:

Norwalk's Child Find Obligation — District Prevailed. The ALJ found that Norwalk did not have sufficient reason to suspect that the student had a disability requiring special education. His behavioral problems were largely manageable in the classroom, mostly occurring during unstructured time. No physician or specialist had diagnosed any disability while he was in Norwalk. Experienced staff, including those with special education backgrounds, did not believe he had a disability. His troubled home environment — including neglect and his mother's serious illness — was a plausible explanation for his conduct. The ALJ gave limited weight to the parent's expert witness (Dr. Bell), who had not interviewed the student or any Norwalk staff and was rendering opinions with the benefit of hindsight.
Norwalk's Failure to Perform an FAA — District Prevailed. Because Norwalk had no duty to assess the student for special education eligibility, it also had no duty to perform an FAA. The parent had not requested one either. No FAPE denial found.
ABC's Assessment Adequacy — District Prevailed. The ALJ found that ABC conducted appropriate assessments of the student in all areas of suspected disability.
ABC's Initial Eligibility Denial — District Prevailed. Although the student was ultimately found eligible at a later IEP meeting, the ALJ found that the evidence did not demonstrate that he met OHI criteria at the time of the February 2007 IEP meeting when ABC first ruled him ineligible. ABC's eventual identification of OHI was not faulted.
ABC's Placement and Services — District Prevailed. The ALJ rejected the claim that the student needed a therapeutic non-public school. He made academic and behavioral progress in the general education classroom with a one-to-one aide, counseling, behavioral support, and community-based therapy. His teachers reported he could succeed in fourth grade. No evidence other than the parent's expert supported NPS placement, and even the Department of Mental Health assessment did not recommend it.
ABC's Failure to Perform an FAA — Student Partially Prevailed. ABC had agreed to conduct an FAA, started one, but abandoned it because it was considered outdated after the student's behavior temporarily improved. The ALJ found that the student's ongoing behavioral and socio-emotional difficulties continued to threaten his IEP goals, and that an FAA remained warranted and necessary — even though the procedural failure did not rise to the level of a FAPE denial. ABC was ordered to perform the FAA.

What Was Ordered

ABC Unified must conduct a Functional Analysis Assessment (FAA) of the student, at ABC's expense, within 30 days of the date of the decision (by approximately November 9, 2007).
An IEP meeting must be convened within the statutory timeframe after the FAA is completed so the team can review results and determine appropriate next steps.
All other requested relief was denied, including: compensatory education from either district, an independent FAA at district expense, and placement in a non-public therapeutic school.

Why This Matters for Parents

Child find has a low threshold, but it is not automatic. Districts must assess a child when they have "reason to suspect" a disability — but this case shows that behavioral problems alone, especially when staff attribute them to home environment rather than disability, may not trigger that duty. If you believe your child has a disability, put your request for an assessment in writing and submit it directly to the district. Do not rely on school staff to initiate the process.
An FAA can be ordered even without a full FAPE denial. The ALJ acknowledged that ABC's failure to complete the FAA was procedurally improper and ordered it done, even though it did not rise to the level of denying FAPE. This shows that requesting an FAA in writing is a powerful tool — once a district agrees to perform one and abandons it, a parent can hold the district accountable.
Experts matter, but methodology matters more. The parent's expert lost credibility because she had not interviewed the student, had not spoken to any Norwalk teachers, and was working from incomplete records. If you hire an expert, make sure they conduct a thorough, firsthand evaluation — including interviews and record review — before offering opinions in a hearing.
Progress in placement counts heavily. The ALJ repeatedly cited the student's academic and behavioral improvement in his general education classroom as evidence that ABC's program was appropriate. If your child is making measurable progress — even slow progress — it is harder to argue that a more restrictive setting is required. Document any lack of progress carefully and keep copies of all progress reports, report cards, and teacher communications.
Home environment is a double-edged consideration. Districts may argue that a child's behavioral issues stem from family instability rather than disability, and this argument can undercut child find and FAPE claims. At the same time, districts cannot ignore a child simply because there are family challenges. If your child's behavior is escalating and you know there is a medical or developmental factor involved, get a formal diagnosis and share it with the school in writing — this strengthens the case that disability, not just environment, is driving the behavior.

What Happened

What the ALJ Found

The hearing officer issued a mixed ruling. The districts prevailed on most issues, but ABC was ordered to complete an FAA. Here is what the ALJ concluded on each issue:

Norwalk's Child Find Obligation — District Prevailed. The ALJ found that Norwalk did not have sufficient reason to suspect that the student had a disability requiring special education. His behavioral problems were largely manageable in the classroom, mostly occurring during unstructured time. No physician or specialist had diagnosed any disability while he was in Norwalk. Experienced staff, including those with special education backgrounds, did not believe he had a disability. His troubled home environment — including neglect and his mother's serious illness — was a plausible explanation for his conduct. The ALJ gave limited weight to the parent's expert witness (Dr. Bell), who had not interviewed the student or any Norwalk staff and was rendering opinions with the benefit of hindsight.
Norwalk's Failure to Perform an FAA — District Prevailed. Because Norwalk had no duty to assess the student for special education eligibility, it also had no duty to perform an FAA. The parent had not requested one either. No FAPE denial found.
ABC's Assessment Adequacy — District Prevailed. The ALJ found that ABC conducted appropriate assessments of the student in all areas of suspected disability.
ABC's Initial Eligibility Denial — District Prevailed. Although the student was ultimately found eligible at a later IEP meeting, the ALJ found that the evidence did not demonstrate that he met OHI criteria at the time of the February 2007 IEP meeting when ABC first ruled him ineligible. ABC's eventual identification of OHI was not faulted.
ABC's Placement and Services — District Prevailed. The ALJ rejected the claim that the student needed a therapeutic non-public school. He made academic and behavioral progress in the general education classroom with a one-to-one aide, counseling, behavioral support, and community-based therapy. His teachers reported he could succeed in fourth grade. No evidence other than the parent's expert supported NPS placement, and even the Department of Mental Health assessment did not recommend it.
ABC's Failure to Perform an FAA — Student Partially Prevailed. ABC had agreed to conduct an FAA, started one, but abandoned it because it was considered outdated after the student's behavior temporarily improved. The ALJ found that the student's ongoing behavioral and socio-emotional difficulties continued to threaten his IEP goals, and that an FAA remained warranted and necessary — even though the procedural failure did not rise to the level of a FAPE denial. ABC was ordered to perform the FAA.

What Was Ordered

ABC Unified must conduct a Functional Analysis Assessment (FAA) of the student, at ABC's expense, within 30 days of the date of the decision (by approximately November 9, 2007).
An IEP meeting must be convened within the statutory timeframe after the FAA is completed so the team can review results and determine appropriate next steps.
All other requested relief was denied, including: compensatory education from either district, an independent FAA at district expense, and placement in a non-public therapeutic school.

Why This Matters for Parents

Child find has a low threshold, but it is not automatic. Districts must assess a child when they have "reason to suspect" a disability — but this case shows that behavioral problems alone, especially when staff attribute them to home environment rather than disability, may not trigger that duty. If you believe your child has a disability, put your request for an assessment in writing and submit it directly to the district. Do not rely on school staff to initiate the process.
An FAA can be ordered even without a full FAPE denial. The ALJ acknowledged that ABC's failure to complete the FAA was procedurally improper and ordered it done, even though it did not rise to the level of denying FAPE. This shows that requesting an FAA in writing is a powerful tool — once a district agrees to perform one and abandons it, a parent can hold the district accountable.
Experts matter, but methodology matters more. The parent's expert lost credibility because she had not interviewed the student, had not spoken to any Norwalk teachers, and was working from incomplete records. If you hire an expert, make sure they conduct a thorough, firsthand evaluation — including interviews and record review — before offering opinions in a hearing.
Progress in placement counts heavily. The ALJ repeatedly cited the student's academic and behavioral improvement in his general education classroom as evidence that ABC's program was appropriate. If your child is making measurable progress — even slow progress — it is harder to argue that a more restrictive setting is required. Document any lack of progress carefully and keep copies of all progress reports, report cards, and teacher communications.
Home environment is a double-edged consideration. Districts may argue that a child's behavioral issues stem from family instability rather than disability, and this argument can undercut child find and FAPE claims. At the same time, districts cannot ignore a child simply because there are family challenges. If your child's behavior is escalating and you know there is a medical or developmental factor involved, get a formal diagnosis and share it with the school in writing — this strengthens the case that disability, not just environment, is driving the behavior.