District Prevails: Student with ADHD Found Ineligible for Special Ed Despite Work and Behavior Problems

A 10-year-old student with ADHD and a history of work completion problems and aggressive behavior was found ineligible for special education under both Specific Learning Disability (SLD) and Other Health Impairment (OHI) categories. The parents argued that Clovis Unified failed its child find obligation and conducted an inadequate assessment, but the ALJ found that the district acted appropriately and that the student was making sufficient academic progress through a Section 504 plan. All relief sought by the student was denied.

What Happened

Student is a fourth grader at Maple Creek Elementary School within Clovis Unified School District. He was diagnosed with ADHD before starting first grade and was retained in first grade due to immaturity, behavior problems, and difficulties with writing, reading, spelling, and fine motor skills. Throughout his elementary school years, Student struggled significantly with completing written work in class, following directions, and managing his behavior — including aggressive incidents such as hitting, kicking, and throwing objects at other students. Despite these challenges, Student consistently earned A and B grades, performed at or above grade level in all academic areas, and scored in the proficient to advanced range on state standardized tests.

The District assessed Student for special education eligibility in early 2005 and found him ineligible, then addressed his needs through a Section 504 plan that provided accommodations such as shortened assignments, behavior support plans, and work completion strategies. When Student's problems escalated in early 2006, the District conducted a second, more comprehensive assessment in May and June 2006. Again, the IEP team found Student ineligible for special education. Student's parents, who strongly believed their son's ADHD and related difficulties required special education services, filed a due process complaint in June 2007. They sought occupational therapy, psychological services, behavior specialist support, resource specialist program services, and reimbursement for private vision therapy and psychological evaluations they had obtained independently.

What the ALJ Found

The ALJ ruled in favor of the District on every issue. On the child find question — whether the District should have assessed Student earlier — the ALJ found that the District acted within a reasonable timeframe. Each time Student's difficulties meaningfully escalated, the District responded: it conducted assessments in January 2005, developed a Section 504 plan, convened multiple support team meetings, and launched a new assessment in April 2006 when aggressive behaviors emerged. The District was not required to assess Student in every area of suspected disability before there was actual reason to suspect a disability existed and that special education might be needed.

On the adequacy of the May/June 2006 assessment, the ALJ found that the District did assess Student in all the areas the parents identified as concerns — visual-motor integration, writing, working memory, social/emotional functioning, and behavior — using appropriate standardized tools and professional judgment. The District's evaluators were found credible, and their findings were supported by consistent data across multiple assessments.

On eligibility, the ALJ found that Student did not qualify under Specific Learning Disability (SLD) because he did not have a severe discrepancy between his intellectual ability (IQ of 101, in the average range) and his academic achievement, which was also in the average range. The ALJ also found that even if a discrepancy existed, Student's needs could be addressed through accommodations in the regular classroom. Similarly, Student did not qualify under Other Health Impairment (OHI) because, despite his ADHD, his educational performance was not sufficiently adversely affected — he was passing all subjects, earning mostly A and B grades, and progressing academically. The District's Section 504 plan and behavior support plan were found to be providing adequate support.

What Was Ordered

The student's requests for all relief were denied.
No occupational therapy, psychological services, behavior specialist services, or resource specialist program services were ordered.
No reimbursement was awarded for the private vision therapy or psychological evaluation costs the family had paid out of pocket.

Why This Matters for Parents

Grades and test scores can outweigh day-to-day struggles at a due process hearing. Even though Student was sent out of class frequently for behavior problems and brought large amounts of work home to complete, the ALJ focused heavily on the fact that he maintained A and B grades and passed state tests. Parents should document not just grades, but also the true cost of those grades — how many hours are spent at home completing schoolwork, and whether that workload is sustainable.
A Section 504 plan is not the same as special education, but it can be used as evidence that a child's needs are being met. The District successfully argued that its 504 plan was working. If you believe your child needs more than a 504 plan, gather specific evidence showing that 504 accommodations are not enough — for example, documentation that behaviors keep returning or that academic progress is only happening because of extraordinary effort at home.
The District's child find obligation is triggered by reason to suspect a disability requiring special education — not just any difficulty. The ALJ found that the District was not required to assess Student earlier because his struggles, while real, did not clearly signal a need for special education services specifically. Parents should put concerns in writing early and often, and request assessments formally in writing to create a documented record.
Independent evaluations can strengthen a case, but only if the evaluator reviews all relevant school information. The parents' private expert was found less credible in part because he had not spoken with Student's teachers, had not observed Student in the classroom, and was unaware of a writing sample the school had collected. If you obtain an independent evaluation, make sure your evaluator has full access to school records, teacher input, and classroom observations before forming conclusions.

What Happened

What the ALJ Found

What Was Ordered

The student's requests for all relief were denied.
No occupational therapy, psychological services, behavior specialist services, or resource specialist program services were ordered.
No reimbursement was awarded for the private vision therapy or psychological evaluation costs the family had paid out of pocket.

Why This Matters for Parents

Grades and test scores can outweigh day-to-day struggles at a due process hearing. Even though Student was sent out of class frequently for behavior problems and brought large amounts of work home to complete, the ALJ focused heavily on the fact that he maintained A and B grades and passed state tests. Parents should document not just grades, but also the true cost of those grades — how many hours are spent at home completing schoolwork, and whether that workload is sustainable.
A Section 504 plan is not the same as special education, but it can be used as evidence that a child's needs are being met. The District successfully argued that its 504 plan was working. If you believe your child needs more than a 504 plan, gather specific evidence showing that 504 accommodations are not enough — for example, documentation that behaviors keep returning or that academic progress is only happening because of extraordinary effort at home.
The District's child find obligation is triggered by reason to suspect a disability requiring special education — not just any difficulty. The ALJ found that the District was not required to assess Student earlier because his struggles, while real, did not clearly signal a need for special education services specifically. Parents should put concerns in writing early and often, and request assessments formally in writing to create a documented record.
Independent evaluations can strengthen a case, but only if the evaluator reviews all relevant school information. The parents' private expert was found less credible in part because he had not spoken with Student's teachers, had not observed Student in the classroom, and was unaware of a writing sample the school had collected. If you obtain an independent evaluation, make sure your evaluator has full access to school records, teacher input, and classroom observations before forming conclusions.