LAUSD Prevails After Parents Secretly Enrolled Child in Private School Before IEP

Parents of a 13-year-old student with Asperger's Disorder filed for due process against Los Angeles Unified School District after unilaterally enrolling their son in Bridges Academy, a private school, and seeking tuition reimbursement. The ALJ found that LAUSD conducted an appropriate assessment, offered a valid placement at a non-public school, and did not commit procedural violations. All of the parents' claims were denied because the evidence showed the parents had already paid Bridges Academy's full tuition before the IEP meeting even occurred.

What Happened

Student is a 13-year-old boy diagnosed with Asperger's Disorder (on the autism spectrum) who had been attending a private school, Laurence School, since second grade. He struggled socially, had difficulty with organization and attention, and had been privately assessed and diagnosed with Nonverbal Learning Disability. In March 2008, while Student was still in sixth grade, Parents wrote to their home school (Portola Middle School) requesting that the District assess Student for special education eligibility, specifically asking about Asperger's Disorder. The District conducted an assessment and convened an IEP meeting on June 10, 2008. The IEP team — which included Parents and their attorney — agreed that Student was eligible under the category of Autism and that a non-public school (NPS) placement was appropriate. The team agreed that the District's NPS office would identify three candidate schools for Parents to visit, after which a final placement would be selected.

What the District did not know was that Parents had already applied to and been accepted at Bridges Academy — a private school that does not contract with the District — and had paid the full $30,400 tuition in March 2008, months before the IEP meeting. On August 11, 2008, after receiving the District's list of three NPS options but declining to apply to any of them, Parents notified the District they had enrolled Student at Bridges and intended to seek reimbursement. The District subsequently made a specific placement offer at the Village Glen PACE Program, a school designed specifically for academically gifted students with Asperger's Disorder. Parents rejected it. They filed for due process on August 22, 2008.

What the ALJ Found

The ALJ ruled entirely in favor of the District on all three issues.

On assessment: The ALJ found that LAUSD's evaluation was comprehensive and appropriate. The school psychologist and special education teacher used multiple validated tools, reviewed private assessment records, observed Student at school, and interviewed teachers, Parents, and Student. The ALJ rejected Parents' claims that the District should have also conducted occupational therapy, speech and language, and assistive technology assessments, finding there was no evidence of deficits in those areas that would have warranted further testing.

On procedural violations: Parents argued the District failed to provide adequate prior written notice and never made a specific placement offer. The ALJ disagreed. Parents were active participants in the June 10 IEP meeting — along with their attorney — and jointly agreed to the process of reviewing NPS options before finalizing the IEP. The ALJ found that the District was attempting to give Parents meaningful input into the NPS selection, not withholding information. The IEP was left open specifically to accommodate Parents' participation. The ALJ found that Parents' real motivation was never to choose an NPS — they had already committed to Bridges long before the process concluded.

On FAPE and reimbursement: The ALJ found that the District's offer — NPS placement with goals in social skills, written language, vocational skills, and behavioral support, plus counseling services and ESY — was reasonably calculated to provide Student educational benefit. The Village Glen PACE program in particular was found to be an appropriate, specialized placement for high-functioning students on the autism spectrum. Because no FAPE denial was found, the reimbursement claim failed entirely.

What Was Ordered

All of Student's requests for relief were denied.
The District prevailed on every issue.

Why This Matters for Parents

Enrolling your child in a private school before the IEP process concludes is legally risky. To win tuition reimbursement, parents generally must give the public school system a genuine opportunity to offer an appropriate placement. In this case, Parents had paid full tuition months before the IEP meeting, which the ALJ found showed they were never seriously participating in the public school process. Courts and ALJs will look at the timeline very carefully.
Silence during an IEP meeting can hurt you later. Parents and their attorney attended the June 10 IEP meeting and did not raise concerns about the goals, services, or the NPS selection process at the time. When they later argued those things were inadequate in their due process complaint, the ALJ noted they had never voiced those concerns when it would have mattered. If you have concerns at an IEP meeting, say them out loud and ask that they be documented.
A district does not have to offer the school you prefer — only an appropriate one. The ALJ acknowledged that Bridges Academy may have been a wonderful fit for Student. But the law only requires districts to provide a placement that offers meaningful educational benefit, not the best possible option. Village Glen's PACE program was found sufficient even though Parents believed Bridges was superior.
If you disagree with the assessment, request an Independent Educational Evaluation (IEE) promptly. Parents had their own private psychologist and other experts, but their evaluators acknowledged they had limited knowledge of Village Glen. Requesting a publicly funded IEE early in the process — rather than hiring private evaluators only for litigation — can be a stronger strategy for challenging a district's assessment conclusions.

What Happened

What the ALJ Found

The ALJ ruled entirely in favor of the District on all three issues.

What Was Ordered

All of Student's requests for relief were denied.
The District prevailed on every issue.

Why This Matters for Parents

Enrolling your child in a private school before the IEP process concludes is legally risky. To win tuition reimbursement, parents generally must give the public school system a genuine opportunity to offer an appropriate placement. In this case, Parents had paid full tuition months before the IEP meeting, which the ALJ found showed they were never seriously participating in the public school process. Courts and ALJs will look at the timeline very carefully.
Silence during an IEP meeting can hurt you later. Parents and their attorney attended the June 10 IEP meeting and did not raise concerns about the goals, services, or the NPS selection process at the time. When they later argued those things were inadequate in their due process complaint, the ALJ noted they had never voiced those concerns when it would have mattered. If you have concerns at an IEP meeting, say them out loud and ask that they be documented.
A district does not have to offer the school you prefer — only an appropriate one. The ALJ acknowledged that Bridges Academy may have been a wonderful fit for Student. But the law only requires districts to provide a placement that offers meaningful educational benefit, not the best possible option. Village Glen's PACE program was found sufficient even though Parents believed Bridges was superior.
If you disagree with the assessment, request an Independent Educational Evaluation (IEE) promptly. Parents had their own private psychologist and other experts, but their evaluators acknowledged they had limited knowledge of Village Glen. Requesting a publicly funded IEE early in the process — rather than hiring private evaluators only for litigation — can be a stronger strategy for challenging a district's assessment conclusions.