LAUSD's Assessments Upheld: Parent Denied IEEs After District Proves Evaluations Were Appropriate

A seven-year-old student's parent disagreed with Los Angeles Unified School District's psychoeducational, occupational therapy, speech and language, and physical therapy assessments and requested Independent Educational Evaluations (IEEs) at public expense. The district filed for due process to defend its assessments. The ALJ found all four assessments were appropriate and ruled the student was not entitled to publicly funded IEEs.

What Happened

Student is a seven-year-old first grader who had previously been found eligible for special education under a speech and language impairment classification in another school district. After enrolling in a Los Angeles Unified School District (LAUSD) school in September 2007, the district placed her in a general education classroom while it gathered information. The IEP team determined that new assessments were needed to see whether Student was still eligible for special education and what services, if any, she needed. Parent signed the assessment plan in November 2007, and the district completed four evaluations: psychoeducational, occupational therapy (OT), speech and language, and physical therapy (PT).

At the January 2008 IEP meeting, the district's evaluators concluded that Student did not qualify for special education services — she was performing in the average to above-average range across all academic and developmental areas. Parent disagreed with all four assessments and requested IEEs (evaluations by outside, independent experts) paid for by the district. When the district declined, it filed for a due process hearing to prove its assessments were appropriate. Parent and Student did not appear at the hearing.

What the ALJ Found

The ALJ found in favor of the district on all counts. Under federal and California law, a parent has the right to request an IEE at public expense when they disagree with a district assessment — but the district can avoid paying for it by proving at a hearing that its own assessment was appropriate. Here, the district met that burden for all four evaluations.

Each assessor was found to be qualified and experienced: the school psychologist had completed over 500 assessments, the OT had conducted over 100 evaluations, the speech pathologist had completed more than 150 assessments, and the physical therapist had over 20 years of experience. All four assessments used standardized, validated tests administered according to the test manuals, in Student's primary language (English), and without racial, cultural, or gender bias. Importantly, each evaluation also went beyond just testing — assessors observed Student in the classroom and on the playground, reviewed her records, and interviewed both her teacher and Parent.

The results consistently showed Student functioning in the average to above-average range. For example, Student scored in the high average to superior range on cognitive and academic measures, demonstrated very high visual perception scores, and performed at or above age level in all speech and language areas. The OT and PT assessors both concluded Student could fully access her general education curriculum without supports or modifications.

Because the district demonstrated its assessments complied with all legal requirements and used appropriate methods, the ALJ ruled Student was not entitled to IEEs at public expense.

What Was Ordered

The district's psychoeducational, occupational therapy, speech and language, and physical therapy assessments were all found to be appropriate.
Student's request for Independent Educational Evaluations at public expense was denied.
The district was the prevailing party on the sole issue presented at hearing.

Why This Matters for Parents

You have the right to request an IEE, but the district can challenge it in court. When you disagree with a district assessment, you can ask for an independent evaluation at public expense. However, the district can file for a due process hearing to prove its assessment was good enough. If the district wins, you won't get the publicly funded IEE — though you can still obtain a private evaluation at your own expense.
A legally sound assessment uses multiple methods, not just tests. The law requires districts to use a variety of tools — standardized tests, observations, parent interviews, teacher interviews, and records review. If a district's assessment only consists of one or two tests with no observation or input from you as a parent, that is a red flag worth challenging.
Your participation in the process matters. In this case, Parent did not complete enough sections of one rating scale for a full score to be calculated, which limited the information available about Student's behavior at home. Filling out all questionnaires completely gives evaluators a fuller picture and strengthens your position if you later disagree with results.
Showing up at the hearing is critical. Parent and Student did not appear at the due process hearing. Without testimony or evidence from the parent's side, the ALJ had only the district's evidence to consider. If you file for — or are named in — a due process hearing, attending and presenting your perspective is essential to your case.

What Happened

What the ALJ Found

Because the district demonstrated its assessments complied with all legal requirements and used appropriate methods, the ALJ ruled Student was not entitled to IEEs at public expense.

What Was Ordered

The district's psychoeducational, occupational therapy, speech and language, and physical therapy assessments were all found to be appropriate.
Student's request for Independent Educational Evaluations at public expense was denied.
The district was the prevailing party on the sole issue presented at hearing.

Why This Matters for Parents

You have the right to request an IEE, but the district can challenge it in court. When you disagree with a district assessment, you can ask for an independent evaluation at public expense. However, the district can file for a due process hearing to prove its assessment was good enough. If the district wins, you won't get the publicly funded IEE — though you can still obtain a private evaluation at your own expense.
A legally sound assessment uses multiple methods, not just tests. The law requires districts to use a variety of tools — standardized tests, observations, parent interviews, teacher interviews, and records review. If a district's assessment only consists of one or two tests with no observation or input from you as a parent, that is a red flag worth challenging.
Your participation in the process matters. In this case, Parent did not complete enough sections of one rating scale for a full score to be calculated, which limited the information available about Student's behavior at home. Filling out all questionnaires completely gives evaluators a fuller picture and strengthens your position if you later disagree with results.
Showing up at the hearing is critical. Parent and Student did not appear at the due process hearing. Without testimony or evidence from the parent's side, the ALJ had only the district's evidence to consider. If you file for — or are named in — a due process hearing, attending and presenting your perspective is essential to your case.