District Prevails: Asperger's Student Found Ineligible Despite Parent Advocacy

A parent challenged Dublin Unified School District's repeated findings that their son with Asperger's Syndrome was ineligible for special education, arguing that the District's assessments were inadequate and that its 2007 IEP offers denied him a FAPE. The ALJ ruled in favor of the District on all issues, finding that the student's needs were adequately addressed through 504 Plan accommodations in the general education setting and that the District's 2007 IEP offer was appropriate. All requests for compensatory education, private school tuition reimbursement, and independent evaluation funding were denied.

What Happened

Student was a teenager diagnosed with Asperger's Syndrome and ADHD who attended Dublin Unified schools. In August 2005, Parents informed the District of a private psychiatrist's diagnosis and requested an IEP. The District assessed Student and held an IEP meeting in October 2005, concluding he was not eligible for special education under the category of Autistic-Like Behaviors. The District found that, although Student had some organizational difficulties and mild deficits in processing speed, he was performing at or above grade level academically and his needs could be met in the general education setting with 504 Plan accommodations. Parents disagreed but did not formally challenge the decision or request an independent educational evaluation (IEE) at that time.

Over the next two school years, Parents repeatedly requested reconsideration. In late 2006, Parents privately arranged a neuropsychological evaluation by Dr. Kosters and an audiological assessment, paying out of pocket without first requesting District funding. In spring 2007, the District agreed to reassess Student. At a June 2007 IEP meeting — as Student transitioned to high school — the team finally found him eligible for special education under Autistic-Like Behaviors and offered a program at the District's public high school, including resource specialist services, social skills instruction, behavior management, and Asperger's training for teachers. Parents rejected the offer and enrolled Student in a private school called Springstone. They then filed for due process seeking reimbursement for private school tuition, transportation, and the cost of their private evaluations, along with compensatory education.

What the ALJ Found

The ALJ ruled in the District's favor on every issue. The 2005 assessments were found appropriate because the assessors were qualified, used multiple validated tools, and assessed in all areas related to Student's suspected disability. Although Student argued the psychologist should have administered teacher surveys and more extensively tested social-communication skills, the ALJ found that Student's teachers reported no concerns, and that any omissions were harmless because Student was functioning well academically and socially in the general education setting.

The ALJ also found the District had no obligation to reassess Student during the 2006-2007 school year because it had no new information about changed circumstances until receiving Dr. Kosters' report in April 2007 — and even that report was largely consistent with the District's prior findings. While the ALJ identified two procedural violations — the District's failure to put its social skills services offer and teacher training offer clearly in writing at the June 2007 IEP — these were deemed harmless because Parents were represented by an attorney who understood the offers, and the District clarified them at a follow-up IEP in October 2007. The June and October 2007 IEP offers were found substantively appropriate: the placement at the District's public high school with supplementary services was the least restrictive environment consistent with Student's needs, no OT services or extended school year services were required, and the annual goals adequately addressed Student's unique needs in attention, organization, pragmatic language, and social reciprocity.

Because the District had not denied Student a FAPE, Parents were not entitled to reimbursement for Springstone tuition, transportation, Dr. Kosters' evaluation, or the audiological assessment. The ALJ noted that Parents had not followed the proper IEE procedure — they did not notify the District of disagreement and request funding before proceeding — which forfeited their right to reimbursement.

What Was Ordered

All of Student's requests for relief were denied.
No reimbursement was ordered for private school tuition or transportation.
No reimbursement was ordered for the private neuropsychological evaluation by Dr. Kosters.
No reimbursement was ordered for the private audiological assessment.
No compensatory education was awarded.

Why This Matters for Parents

A medical diagnosis of Asperger's Syndrome does not automatically qualify a child for special education. California's eligibility category of Autistic-Like Behaviors has its own legal criteria, including requirements about developmental history and the degree to which the disability adversely affects educational performance. A child performing at grade level with 504 accommodations may not qualify, even with a formal autism spectrum diagnosis.
If you disagree with a District assessment, follow the formal IEE process immediately. Parents in this case waited over a year and then hired a private evaluator without notifying the District and requesting funding. The law requires you to notify the District of your disagreement and request an IEE at public expense before going out on your own — otherwise you lose your right to reimbursement.
Procedural violations don't automatically win a case. The ALJ found that the District failed to put its social skills and teacher training offers in writing — real violations — but ruled them harmless because Parents had an attorney who understood the offers. Courts and ALJs look at whether the violation actually prevented you from participating in the IEP process or caused your child to lose educational benefit.
Unilateral private school placement is a high-risk strategy. Parents who place their child in a private school before winning a due process hearing risk receiving nothing if the ALJ finds the District's offer was appropriate. Because the District's IEP was found to offer FAPE, the ALJ did not even evaluate whether Springstone was an appropriate placement.
Document every request you make to the District in writing. In this case, the absence of any written parent request for an occupational therapy assessment was a key reason the District was found to have no obligation to conduct one. If you believe your child needs a particular type of assessment, put that request in writing so there is a clear record.

What Happened

What the ALJ Found

What Was Ordered

All of Student's requests for relief were denied.
No reimbursement was ordered for private school tuition or transportation.
No reimbursement was ordered for the private neuropsychological evaluation by Dr. Kosters.
No reimbursement was ordered for the private audiological assessment.
No compensatory education was awarded.

Why This Matters for Parents

A medical diagnosis of Asperger's Syndrome does not automatically qualify a child for special education. California's eligibility category of Autistic-Like Behaviors has its own legal criteria, including requirements about developmental history and the degree to which the disability adversely affects educational performance. A child performing at grade level with 504 accommodations may not qualify, even with a formal autism spectrum diagnosis.
If you disagree with a District assessment, follow the formal IEE process immediately. Parents in this case waited over a year and then hired a private evaluator without notifying the District and requesting funding. The law requires you to notify the District of your disagreement and request an IEE at public expense before going out on your own — otherwise you lose your right to reimbursement.
Procedural violations don't automatically win a case. The ALJ found that the District failed to put its social skills and teacher training offers in writing — real violations — but ruled them harmless because Parents had an attorney who understood the offers. Courts and ALJs look at whether the violation actually prevented you from participating in the IEP process or caused your child to lose educational benefit.
Unilateral private school placement is a high-risk strategy. Parents who place their child in a private school before winning a due process hearing risk receiving nothing if the ALJ finds the District's offer was appropriate. Because the District's IEP was found to offer FAPE, the ALJ did not even evaluate whether Springstone was an appropriate placement.
Document every request you make to the District in writing. In this case, the absence of any written parent request for an occupational therapy assessment was a key reason the District was found to have no obligation to conduct one. If you believe your child needs a particular type of assessment, put that request in writing so there is a clear record.