District Wins: Student's Poor Attendance, Not Disability, Caused Academic Struggles

A parent filed for due process against Sacramento City Unified School District, claiming the District failed its child find duty, conducted an inadequate assessment, wrongly denied her daughter special education eligibility, and refused to fund an independent educational evaluation. The ALJ found that Student's significant academic struggles were caused by chronic absenteeism rather than a qualifying disability, and that the District's assessment was thorough and appropriate. All of Student's requests for relief were denied, though the ALJ noted the District did commit one procedural violation by not properly responding to Parent's January 2012 assessment request.

What Happened

Student was an eight-year-old second grader who enrolled in Sacramento City Unified School District for the 2011–2012 school year after her prior district rescinded an inter-district transfer. Student had been diagnosed with ADHD and oppositional defiance disorder (ODD), and her report cards showed she was performing below or far below grade level in nearly every subject. Parent believed these struggles indicated a disability requiring special education services, and in January 2012 she formally requested that the District assess Student for special education eligibility. The District delayed responding, instead convening a student study team meeting and attempting general education interventions such as daily language arts support and after-school tutoring.

In May 2012, Parent finally signed an assessment plan, and the District completed a psychoeducational assessment in time for a June 6, 2012 IEP team meeting. The District determined Student did not qualify for special education under any eligibility category — including specific learning disability (SLD), other health impairment (OHI), or emotional disturbance (ED) — concluding her academic deficits were caused by excessive absences, not a disability. Parent disagreed and filed for due process, seeking independent educational evaluations, compensatory education, non-public school placement, and transportation costs.

What the ALJ Found

The ALJ ruled in the District's favor on nearly every issue. The core finding was that Student's poor academic performance was the direct result of chronic absenteeism stretching back through kindergarten and first grade — not a qualifying disability. Student's second-grade teacher testified credibly that when Student attended school consistently, her reading and academic performance visibly improved. The District's school psychologist administered a comprehensive battery of assessments, and Student scored in the average to above-average range on tests of memory, nonverbal reasoning, visual-motor skills, and phonological processing. The behavioral rating scales showed only limited areas of concern, and the ALJ found the District's assessment was thorough and legally sufficient.

On the child find issue, the ALJ found the District had no obligation to assess Student before Parent's January 2012 request because Student's difficulties were explained by attendance problems, not signs of a suspected disability. The ALJ did find that the District committed a procedural violation by not properly acknowledging Parent's January 2012 assessment request in writing and by failing to provide Parent with notice of her procedural rights — but because Student was ultimately found ineligible for special education, the procedural error caused no actual harm and no remedy was warranted. On the IEE requests, the ALJ found that the May 31, 2012 request was premature (the District's assessment had not yet been formally presented) and that no valid IEE request was made after the June 6, 2012 IEP meeting. Claims regarding educational records were also denied, as Student did not show that any delay in production meaningfully prevented Parent from participating in educational decisions.

What Was Ordered

Student's requests for relief were denied in their entirety.
No independent educational evaluations were ordered.
No compensatory education, non-public school placement, or transportation was awarded.
The ALJ noted, without ordering any remedy, that the District should consider training staff on the requirement to provide written notice when a parent makes an assessment request or purportedly withdraws one.

Why This Matters for Parents

Attendance problems can defeat a special education claim. If a child has significant absences, the District will argue — and an ALJ may agree — that academic struggles are caused by missed instruction, not a disability. Parents should document whether their child's struggles persist even when attendance is good, and seek medical documentation if absences are disability-related.
A procedural violation alone won't get you relief if your child is found ineligible. The ALJ confirmed that the District violated the law by not providing proper written notice after Parent's assessment request — but because Student was found ineligible, no remedy was ordered. Procedural violations matter most when they cause actual harm to the child's education.
An IEE request must come after the District presents its completed assessment. The ALJ ruled that requesting an IEE before the District formally presents its assessment report — even if testing is finished — is premature. Wait until after the IEP meeting where the assessment is shared, then make your IEE request in writing if you disagree.
Send records requests and IEE requests to the right person in writing. Parent's June 2012 records request was sent to a school office that had closed for summer, and it went unanswered for months. Always send important requests directly to the District's special education department or legal office, keep copies, and follow up if you don't receive a timely response.

What Happened

What the ALJ Found

What Was Ordered

Student's requests for relief were denied in their entirety.
No independent educational evaluations were ordered.
No compensatory education, non-public school placement, or transportation was awarded.
The ALJ noted, without ordering any remedy, that the District should consider training staff on the requirement to provide written notice when a parent makes an assessment request or purportedly withdraws one.

Why This Matters for Parents

Attendance problems can defeat a special education claim. If a child has significant absences, the District will argue — and an ALJ may agree — that academic struggles are caused by missed instruction, not a disability. Parents should document whether their child's struggles persist even when attendance is good, and seek medical documentation if absences are disability-related.
A procedural violation alone won't get you relief if your child is found ineligible. The ALJ confirmed that the District violated the law by not providing proper written notice after Parent's assessment request — but because Student was found ineligible, no remedy was ordered. Procedural violations matter most when they cause actual harm to the child's education.
An IEE request must come after the District presents its completed assessment. The ALJ ruled that requesting an IEE before the District formally presents its assessment report — even if testing is finished — is premature. Wait until after the IEP meeting where the assessment is shared, then make your IEE request in writing if you disagree.
Send records requests and IEE requests to the right person in writing. Parent's June 2012 records request was sent to a school office that had closed for summer, and it went unanswered for months. Always send important requests directly to the District's special education department or legal office, keep copies, and follow up if you don't receive a timely response.