San Diego USD Must Reimburse Private School Tuition After Refusing IEP Meeting

A San Diego parent privately placed her seven-year-old son, who had been diagnosed with ADHD and PDD-NOS, at a private school after the district refused to hold an IEP meeting to consider an independent evaluation until its own assessments were complete — a process that would have taken roughly 90 days. The ALJ found the district violated the IDEA by refusing to timely convene that meeting, significantly blocking the parent's right to participate in decisions about her child's education. The district was ordered to reimburse the parent for private school tuition totaling up to $16,954 and ongoing transportation costs.

What Happened

Student was a seven-year-old boy eligible for special education under the category of speech-language impairment, attending San Diego Unified School District schools from preschool through kindergarten. He had longstanding struggles with expressive language, attention, social skills, and organization. His teachers and speech therapist recognized his attention and focus issues throughout his kindergarten year, but the district declined to assess him for ADHD or related concerns, with his speech therapist incorrectly telling the parent that the district did not assess students for attention issues.

During the summer before first grade, the parent obtained an independent evaluation that diagnosed Student with ADHD/combined type and PDD-NOS (a form of autism spectrum disorder). She notified the district in writing in early September 2010, asked it to consider the evaluation, and expressed willingness to discuss an alternative placement. Instead of promptly scheduling an IEP meeting to consider the independent evaluation, the district informed the parent it would only meet after completing its own comprehensive assessments — a process it projected would take until December 2010, roughly 90 days after receiving the parent's written request. The parent, concerned that further delay would deprive Student of timely intervention during a critical developmental window, privately enrolled him at Excelsior Academy, a small private school serving students with special needs, and filed for due process.

What the ALJ Found

The parent raised six separate claims. The ALJ ruled in the district's favor on five of them, finding that the district's IEPs from 2008 through September 2010 were reasonably calculated to provide Student with some educational benefit based on what was known at the time each IEP was written. Student made academic progress, performed at or above grade level in several areas, and the district's speech-language services and classroom supports were adequate given the information available. Claims about missing assessments in gross motor, sensory, APE, and social-emotional areas were denied because no one — including the parent — raised those concerns at IEP meetings, and Student's teachers observed no signs that those deficits were interfering with his education. The late records production (19 days instead of 5) was a technical violation but caused no demonstrated harm.

However, the parent prevailed on one critical issue: the district's refusal to hold an interim IEP meeting to consider the independent evaluation. The law requires that districts consider independent evaluations obtained by parents. When the parent requested an IEP meeting to discuss her privately obtained ADHD/PDD-NOS diagnosis, the district was obligated to hold that meeting within 30 days. Instead, it told her to wait up to 90 days until its own assessments were finished. The district's own principal testified she knew of no reason why the district could not have held the meeting sooner. This refusal significantly blocked the parent's right to participate in educational decision-making, which the ALJ found to be a procedural violation of the IDEA that justified tuition reimbursement.

What Was Ordered

The district must reimburse the parent up to $16,954 for tuition and related services (speech-language and occupational therapy) at Excelsior Academy from September 22, 2010 through the last day of the 2010-11 school year.
The district must pay $8,030 within 45 days of the decision, covering costs through February 28, 2011. Remaining amounts are due within 45 days of the parent submitting proof of payment.
The district must reimburse the parent at $0.51 per mile for one round trip by car between home and Excelsior Academy for each school day of actual attendance from the date of the decision through the end of the school year, upon submission of mileage documentation and attendance records.
Student was permitted to remain at Excelsior Academy through the end of the school year to avoid a disruptive mid-year transition.
Requests for prior transportation costs were denied because the parent did not submit documentation of those expenses.

Why This Matters for Parents

When you obtain an independent evaluation, put your request for an IEP meeting in writing immediately. The law requires districts to consider independent evaluations, and once you make a written request for an IEP meeting, the clock starts. The district cannot legally delay that meeting for 90 days simply because it wants to finish its own assessments first.
If you plan to place your child in a private school, give the district written notice of your concerns and your intent before you withdraw. In this case, the parent's timely written notice preserved her right to reimbursement. Parents who pull their child without notice risk losing reimbursement entirely.
Document everything, including transportation costs. The parent here lost her claim for past transportation reimbursement solely because she did not submit receipts, mileage records, or attendance documentation. Even small costs can be recovered — but only if you keep records.
A district can prevail even when it makes mistakes, if those mistakes didn't actually harm your child's education. The district failed to assess Student in several areas and gave the parent incorrect information about ADHD assessments — but because Student was making academic progress, those errors alone were not enough to win reimbursement. Procedural violations only become legally significant when they block your ability to participate in IEP decisions or cause your child to lose educational opportunity.

What Happened

What the ALJ Found

What Was Ordered

The district must reimburse the parent up to $16,954 for tuition and related services (speech-language and occupational therapy) at Excelsior Academy from September 22, 2010 through the last day of the 2010-11 school year.
The district must pay $8,030 within 45 days of the decision, covering costs through February 28, 2011. Remaining amounts are due within 45 days of the parent submitting proof of payment.
The district must reimburse the parent at $0.51 per mile for one round trip by car between home and Excelsior Academy for each school day of actual attendance from the date of the decision through the end of the school year, upon submission of mileage documentation and attendance records.
Student was permitted to remain at Excelsior Academy through the end of the school year to avoid a disruptive mid-year transition.
Requests for prior transportation costs were denied because the parent did not submit documentation of those expenses.

Why This Matters for Parents

When you obtain an independent evaluation, put your request for an IEP meeting in writing immediately. The law requires districts to consider independent evaluations, and once you make a written request for an IEP meeting, the clock starts. The district cannot legally delay that meeting for 90 days simply because it wants to finish its own assessments first.
If you plan to place your child in a private school, give the district written notice of your concerns and your intent before you withdraw. In this case, the parent's timely written notice preserved her right to reimbursement. Parents who pull their child without notice risk losing reimbursement entirely.
Document everything, including transportation costs. The parent here lost her claim for past transportation reimbursement solely because she did not submit receipts, mileage records, or attendance documentation. Even small costs can be recovered — but only if you keep records.
A district can prevail even when it makes mistakes, if those mistakes didn't actually harm your child's education. The district failed to assess Student in several areas and gave the parent incorrect information about ADHD assessments — but because Student was making academic progress, those errors alone were not enough to win reimbursement. Procedural violations only become legally significant when they block your ability to participate in IEP decisions or cause your child to lose educational opportunity.