District Wins on Child Find, But Must Reimburse Private School During Expulsion

What Happened

Student is a 13-year-old boy with ADHD who had received special education services under the category of Other Health Impairment (OHI) in a neighboring district from 2007 until June 2010, when he was exited from special education. His parents consented to that exit. When Student transferred to Hermosa Beach City School District in August 2010, his father did not disclose Student's special education history or ADHD diagnosis when enrolling him, and the prior district failed to send his special education records along with his cumulative file. Student struggled academically and behaviorally during his first year, but the district used general education interventions such as academic counseling and a study skills program. In October 2011, Student was suspended and ultimately expelled for bringing a loaded airsoft pistol to campus. It was only at that point — when parents met with district administrators — that they first disclosed Student's ADHD diagnosis and prior IEP history.

After learning of Student's history, the district moved quickly: it sent an assessment plan within days, completed a comprehensive psychoeducational evaluation, and scheduled an IEP meeting for January 13, 2012. At that meeting, Student was found eligible for special education under OHI. However, Student was still under expulsion at the time the IEP was written, and the IEP team failed to plan for how Student's newly identified services — including resource specialist support, speech-language services, and counseling — would be delivered during the expulsion period. The district's subsequent efforts to identify an alternative placement were inadequate: Opportunities for Learning offered only two hours of independent study per week, which was incompatible with Student's IEP, and the other option offered, Beach Cities, had no available space.

What the ALJ Found

The ALJ ruled in the district's favor on the majority of issues. On the question of whether the district should have identified Student for special education sooner (child find), the ALJ found that the district had no reason to suspect Student had a disability requiring special education until October 2011, when parents first disclosed the ADHD diagnosis. Student's poor grades, minor behavioral issues, and one-day suspension during sixth grade were not sufficient to trigger the district's child find obligation on their own — especially because parents had not shared relevant information and the district was actively using general education interventions that showed some improvement. The ALJ also rejected claims of predetermination at the January 2012 IEP meeting and found no violation in the district's failure to invite Westview School staff to that meeting, since there is no legal requirement to invite representatives from a parent's unilateral private placement.

However, the ALJ found the district did deny Student a FAPE in two specific ways connected to the January 13, 2012 IEP. First, the IEP team failed entirely to address how Student's services, goals, and accommodations would be implemented during his ongoing expulsion — a clear legal requirement under IDEA, which guarantees FAPE even to students who have been expelled. Second, the district failed to offer any appropriate placement during the expulsion period. Opportunities for Learning was a two-hour-per-week independent study program with no special education staff and no capacity to implement Student's IEP. Beach Cities was not available. The district's letter offering these options came weeks after the IEP meeting and was made outside the IEP process entirely.

What Was Ordered

1. The district must reimburse parents $12,832.40 within 60 days of the decision.
2. This amount covers 60 days of tuition at Westview School (at $183.33/day) beginning January 13, 2012 — the date Student was found eligible — through April 2012 when he returned to the district.
3. This amount also covers 55 days of transportation costs to Westview (at $33.32/day), reflecting the days transportation was actually provided.
4. Reimbursement was not awarded for the period before January 13, 2012, because the district did not violate its child find obligations prior to that date.

Why This Matters for Parents

1. Share your child's special education history when enrolling in a new district. This case turned significantly on the fact that parents did not disclose Student's prior IEP and ADHD diagnosis at enrollment. The district's child find obligation is harder to enforce when the district doesn't have the information it needs. Providing prior IEPs and assessment records upfront protects your child from day one.

2. FAPE does not stop during a suspension or expulsion. Once a student is identified as eligible for special education, the district is legally required to provide services — including placement, goals, and accommodations — even during an expulsion. If your child is facing discipline and has or may have a disability, immediately request a special education evaluation and ask the district in writing how it plans to continue providing services.

3. An IEP that doesn't address your child's current situation isn't enough. The district offered solid services for when Student returned from expulsion, but completely failed to plan for the weeks he was still expelled. An IEP must be actionable right now — not just when circumstances become convenient. Push the IEP team to address implementation for the immediate future, not just the ideal scenario.

4. A private placement offer can be reimbursed even if made before eligibility was formally determined — as long as the district failed to offer FAPE once eligibility was established. The ALJ awarded reimbursement starting from the date of eligibility, not the date parents enrolled Student in the private school. If the district drags its feet on offering an appropriate placement after finding your child eligible, document everything and preserve your reimbursement claim.