District Must Assess Student After Years of Escalating Behavioral Problems

What Happened

Student was a 14-year-old eighth grader attending general education classes at Actis Junior High School. Despite earning a solid GPA (3.14 in seventh grade and 3.42 in eighth grade), Student had a persistent and escalating pattern of disruptive and disrespectful behavior that began in kindergarten and continued every year. In the two years before Parent filed this complaint, Student received 24 recorded disciplinary incidents — ranging from gum chewing and tardiness to fighting, spitting, using profanity in class, and inappropriate touching of another student — resulting in 12 days of detention and nine days of suspension. By the time Student reached eighth grade, virtually every school privilege had been revoked due to behavioral problems, including being dropped from the basketball team, banned from study hall and school dances, barred from working with other students in class, and excluded from the graduation trip.

Parent and Stepfather tried everything they could think of: taking away privileges at home, attending a full school day with Student, meeting with all of Student's teachers, and arranging meetings with the principal and vice principal. At a January 2014 meeting, Parent specifically asked whether testing was available for Student and inquired about a behavioral plan. The vice principal mentioned special education testing but said he didn't think Student would qualify and advised Parent to submit a written request — without offering to help her do so. Parent never submitted a written request, and instead filed this due process complaint on January 24, 2014. The district did not begin developing an assessment plan until after receiving the complaint.

What the ALJ Found

The ALJ issued a mixed ruling. Student partially won on the Child Find issue and partially won on the failure-to-assess issue, but lost on the prior written notice claim and the statute of limitations argument.

On Child Find (Student Won): The ALJ found that by November 6, 2013 — when Parent met with all of Student's teachers and a clear picture emerged of a persistent, school-wide pattern of disruptive behavior despite repeated interventions — the district should reasonably have suspected that Student might have a disability requiring special education. The district's own school psychologist testified that a pattern of repeated disruptive behavior in structured classroom environments that continued despite interventions was sufficient to warrant considering an evaluation. Because the district failed to act on that information, it violated its Child Find obligation and denied Student a FAPE by significantly impeding Parent's ability to participate meaningfully in the educational decision-making process.

On Specific Assessments (Student Partially Won): Student claimed the district should have conducted a Functional Behavior Assessment (FBA), a Functional Analysis Assessment (FAA), a neuropsychological assessment, a social-behavioral assessment, and an educationally-related mental health services assessment. The ALJ found that Student proved the need for an FBA and a social-behavioral assessment — because those were included in the assessment plan Parent ultimately agreed to — but did not prove the need for the FAA, neuropsychological assessment, or mental health services assessment.

On Prior Written Notice (District Won): Student argued the district should have sent written notice when it decided not to assess Student. The ALJ disagreed, finding that the district never formally "refused" to assess Student in a way that triggered the written notice requirement. When Parent verbally raised the issue in January 2014, the district responded within 11 days with a written assessment plan — faster than the 15-day legal deadline.

On Statute of Limitations (District Won): Student argued the two-year filing deadline should be extended because the district had stopped providing the weekly behavioral progress reports promised at the November 2013 meeting, causing Parent to believe Student's behavior had improved. The ALJ rejected this, finding the district was never legally required to provide those reports, and — more importantly — Parent could not reasonably have believed Student's behavior had improved given that Student was suspended for three days for fighting just two weeks after Thanksgiving.

What Was Ordered

1. Within 60 calendar days of the decision (not counting school vacation days in excess of five days), the district must complete all assessments listed in the February 6, 2014 assessment plan — including an FBA, social-behavioral assessment, academic performance assessment, and health/vision/hearing screening.
2. The district may use assessors of its own choosing, including school psychologist Dr. Van Dyke, whose prior brief contact with Student did not disqualify him.
3. After completing the assessments, the district must hold an initial IEP team meeting within statutory timelines, unless Parent agrees in writing to an extension.

Why This Matters for Parents

1. A pattern of behavior matters more than any single incident. The ALJ made clear that a district's Child Find duty can be triggered not by one bad day, but by a consistent, school-wide pattern of disruptive behavior that persists despite repeated interventions. If your child has been disciplined repeatedly across multiple settings and nothing the school tries is working, that itself may be enough to require the school to consider a special education evaluation — even if your child is earning decent grades.

2. Good grades do not exempt a child from being evaluated. The district argued that Student's solid GPA showed he didn't need special education. The ALJ rejected this reasoning. A child can earn good grades and still have a disability that requires special education services, especially when behavioral problems are causing the child to miss tests, lose classroom time, and be excluded from activities.

3. Put your requests in writing — and ask for help doing so. When Parent verbally asked about testing at the January 2014 meeting, the vice principal mentioned the option but did not help her put the request in writing. Under California law, if a parent makes a verbal request for an assessment, the district must offer to help prepare a written request. If school staff tell you to "just submit something in writing" without offering assistance, ask them directly: "Will you help me put this request in writing today?"

4. File your complaint before the two-year deadline — do not wait for the school to fix the problem. Student argued that the district's broken promise to send weekly behavior reports caused a delay in filing. The ALJ was unsympathetic. Events that you knew about — or should have known about — more than two years before you file cannot be included in your complaint. If your child has ongoing unaddressed issues, start the clock in your head and don't let the district's informal promises delay legal action past the two-year mark.