District Failed Child Find by Ignoring Student's Suicide Attempt Before 504 Meeting

A high school student with anxiety, ADD, and a history of attempted suicide was kept on a 504 plan when the district should have assessed him for special education eligibility. The ALJ found that the district's child find obligations were triggered by September 2011, when the district knew of the student's psychiatric hospitalization, suicide attempt, and ongoing mental health diagnoses. The district was ordered to provide compensatory counseling services and reimburse parents for the cost of an independent psycho-educational assessment.

What Happened

A 10th-grade student at Kennedy High School in the Anaheim Union High School District struggled throughout middle and high school with attention difficulties, anxiety, and incomplete assignments. His mother was extremely involved — regularly communicating with teachers, monitoring his homework, and arranging tutoring — and teachers responded by providing informal accommodations. Despite these efforts, the student's emotional health quietly deteriorated. In August 2011, just before the start of 10th grade, he suffered a complete emotional breakdown and attempted suicide, resulting in a psychiatric hospitalization. He was subsequently diagnosed with ADHD, major depressive disorder, anxiety disorder, intermittent explosive disorder, and mood disorder, and was placed on multiple psychiatric medications.

When school resumed in fall 2011, the district held a 504 plan meeting on September 22, 2011. At that meeting, the team was aware of the suicide attempt, the hospitalization, the psychiatric diagnoses, and the student's ongoing need to leave class due to anxiety. Rather than referring him for a special education assessment, the district focused only on his ADD and anxiety and put a 504 plan in place. Six months later, in early 2012, the student was accused of attempting to buy marijuana at school, expelled from Kennedy, and placed at a community day school. Only after his parents formally requested an assessment in February 2012 did the district evaluate him — ultimately finding him eligible for special education under both Emotional Disturbance (ED) and Other Health Impaired (OHI). The parents filed a due process complaint arguing the district should have assessed and identified him much sooner.

What the District Did Wrong

Failed its child find obligation after the September 2011 504 meeting. By the time of that meeting, the district knew the student had attempted suicide, had been psychiatrically hospitalized, had been diagnosed with ADHD, major depressive disorder, anxiety disorder, and mood disorder, was on medications targeting mood and anxiety, and was continuing to leave class due to anxiety. The ALJ found that this totality of circumstances was more than enough to trigger the district's legal duty to refer the student for a special education assessment — approximately six months before it actually did so.
Relied too heavily on the 504 plan as a substitute for assessment. The district argued that because the 504 plan was addressing the student's attention and anxiety needs, there was no reason to assess him for special education. The ALJ rejected this reasoning, citing federal case law holding that a parent's or therapist's suggestion of alternative accommodations does not excuse a district from its affirmative child find duty.
Ignored the significance of a student's suicide attempt. The district's own school psychologist testified that the suicide attempt and hospitalization were not events that should have triggered a referral. The ALJ found this opinion unpersuasive and inconsistent with legal authority, noting that "it goes without saying that attempted suicide is 'inappropriate behavior'" that puts a district on notice of a possible disability.
Delayed identification by six months, causing a denial of FAPE. Because the district failed to assess the student in fall 2011, he did not receive special education or related mental health services during that critical period. The ALJ found that had the district assessed him promptly, it would have found him eligible under the ED category and provided counseling services — services he was denied for approximately six months.

What Was Ordered

The district must provide the student with six hours of individual counseling by a credentialed school psychologist or mental health professional, in addition to any counseling already being provided through his IEP or other sources. Sessions may be scheduled before school, after school, or during lunch/study hall, at the student's choice, and may be taken in 30- or 60-minute increments over a period not to exceed six months (excluding summer break).
Within 45 days of the decision, the district must reimburse the parents for the full cost of the independent psycho-educational assessment conducted by Dr. Perry Passaro.
All other relief requested by the student — including 80 hours of compensatory academic tutoring — was denied, because the student failed to present evidence at hearing establishing the need for, type, or amount of that tutoring.

Why This Matters for Parents

A suicide attempt is a child find red flag. If your child has attempted suicide or been psychiatrically hospitalized, and the school knows about it, that knowledge alone — combined with any academic or behavioral struggles — can be enough to trigger the district's legal duty to assess for special education. You do not have to wait for the district to act; you can request an assessment in writing at any time.
A 504 plan is not a substitute for a special education evaluation. Districts sometimes offer a 504 plan when a child is struggling, which can feel like a win. But a 504 plan does not replace the district's obligation to determine whether a child needs special education. If your child's needs go beyond what informal accommodations can address — especially if mental health is involved — you can request a full special education assessment even if a 504 plan is already in place.
Share your child's diagnoses and mental health history with the school in writing. This case turned significantly on what the district knew and when. If your child has been diagnosed by a doctor or therapist with any condition — depression, anxiety, ADHD, mood disorder — put it in writing to the school. This creates a record that the district had notice, which is the legal trigger for child find obligations.
You can request an independent educational evaluation (IEE) if you disagree with the district's assessment. The parents here hired Dr. Passaro independently, and the ALJ ordered the district to pay for it because his assessment was instrumental in establishing the student's eligibility. If you believe the district's evaluation was inadequate, you have the right to request an IEE at public expense.
Document your remedies request carefully if you go to a hearing. The student in this case won on the legal issues but received far less relief than he asked for — because he failed to present evidence at the hearing about why 80 hours of tutoring was needed. If you pursue due process, make sure your expert witnesses and other evidence specifically address what compensatory services are appropriate and why. The burden is on you to prove it.

What Happened

What the District Did Wrong

Failed its child find obligation after the September 2011 504 meeting. By the time of that meeting, the district knew the student had attempted suicide, had been psychiatrically hospitalized, had been diagnosed with ADHD, major depressive disorder, anxiety disorder, and mood disorder, was on medications targeting mood and anxiety, and was continuing to leave class due to anxiety. The ALJ found that this totality of circumstances was more than enough to trigger the district's legal duty to refer the student for a special education assessment — approximately six months before it actually did so.
Relied too heavily on the 504 plan as a substitute for assessment. The district argued that because the 504 plan was addressing the student's attention and anxiety needs, there was no reason to assess him for special education. The ALJ rejected this reasoning, citing federal case law holding that a parent's or therapist's suggestion of alternative accommodations does not excuse a district from its affirmative child find duty.
Ignored the significance of a student's suicide attempt. The district's own school psychologist testified that the suicide attempt and hospitalization were not events that should have triggered a referral. The ALJ found this opinion unpersuasive and inconsistent with legal authority, noting that "it goes without saying that attempted suicide is 'inappropriate behavior'" that puts a district on notice of a possible disability.
Delayed identification by six months, causing a denial of FAPE. Because the district failed to assess the student in fall 2011, he did not receive special education or related mental health services during that critical period. The ALJ found that had the district assessed him promptly, it would have found him eligible under the ED category and provided counseling services — services he was denied for approximately six months.

What Was Ordered

The district must provide the student with six hours of individual counseling by a credentialed school psychologist or mental health professional, in addition to any counseling already being provided through his IEP or other sources. Sessions may be scheduled before school, after school, or during lunch/study hall, at the student's choice, and may be taken in 30- or 60-minute increments over a period not to exceed six months (excluding summer break).
Within 45 days of the decision, the district must reimburse the parents for the full cost of the independent psycho-educational assessment conducted by Dr. Perry Passaro.
All other relief requested by the student — including 80 hours of compensatory academic tutoring — was denied, because the student failed to present evidence at hearing establishing the need for, type, or amount of that tutoring.

Why This Matters for Parents

A suicide attempt is a child find red flag. If your child has attempted suicide or been psychiatrically hospitalized, and the school knows about it, that knowledge alone — combined with any academic or behavioral struggles — can be enough to trigger the district's legal duty to assess for special education. You do not have to wait for the district to act; you can request an assessment in writing at any time.
A 504 plan is not a substitute for a special education evaluation. Districts sometimes offer a 504 plan when a child is struggling, which can feel like a win. But a 504 plan does not replace the district's obligation to determine whether a child needs special education. If your child's needs go beyond what informal accommodations can address — especially if mental health is involved — you can request a full special education assessment even if a 504 plan is already in place.
Share your child's diagnoses and mental health history with the school in writing. This case turned significantly on what the district knew and when. If your child has been diagnosed by a doctor or therapist with any condition — depression, anxiety, ADHD, mood disorder — put it in writing to the school. This creates a record that the district had notice, which is the legal trigger for child find obligations.
You can request an independent educational evaluation (IEE) if you disagree with the district's assessment. The parents here hired Dr. Passaro independently, and the ALJ ordered the district to pay for it because his assessment was instrumental in establishing the student's eligibility. If you believe the district's evaluation was inadequate, you have the right to request an IEE at public expense.
Document your remedies request carefully if you go to a hearing. The student in this case won on the legal issues but received far less relief than he asked for — because he failed to present evidence at the hearing about why 80 hours of tutoring was needed. If you pursue due process, make sure your expert witnesses and other evidence specifically address what compensatory services are appropriate and why. The burden is on you to prove it.