Charter School Defends Assessment; Parent Denied Independent Evaluation at Public Expense

A mother requested an independent educational evaluation (IEE) at public expense after disagreeing with Celerity Educational Group's multi-disciplinary assessment of her seven-year-old son. The charter school filed for due process to defend its assessment. The ALJ found the assessment met all legal requirements and that the charter school acted without unnecessary delay in filing its complaint, so the parent's request for a publicly funded IEE was denied.

What Happened

Student is a seven-year-old boy attending Celerity Octavia Charter School, operated by Celerity Educational Group (Charter), in the Los Angeles area. He had previously received special education services through Los Angeles Unified School District for a speech and language impairment during preschool, but was exited from special education in April 2011 before enrolling at Charter. In January 2014, Parent contacted Charter expressing concern that Student was having behavioral problems interfering with his academic achievement — including difficulty focusing, mood changes, declining grades, and trouble managing anger. Parent formally requested an assessment.

Charter responded promptly, convening a Student Success Team meeting in February 2014, presenting Parent with an assessment plan, and conducting a full multi-disciplinary assessment in March 2014. The assessment covered cognitive ability, visual and auditory processing, visual-motor integration, social-emotional functioning, attention, and academic achievement. Results showed Student was performing in the average to superior range across all academic areas and did not meet eligibility criteria for special education under any category. At an IEP meeting in April 2014, the team — including Parent — reviewed the results and determined Student did not need special education services. Parent did not consent to the IEP. Shortly afterward, Parent sent a letter stating she disagreed with the assessment and requested an independent educational evaluation (IEE) at Charter's expense. Charter denied the request and filed for due process within 24 days to defend its assessment.

What the ALJ Found

Because the charter school prevailed in this case, this section explains why the ALJ rejected the parent's position.

The ALJ found that Charter's multi-disciplinary assessment met every legal requirement. The school psychologist who conducted the psychoeducational portion held appropriate credentials, used a wide variety of validated and reliable assessment tools, observed Student in the classroom and on the playground, reviewed school records and prior assessments, gathered input from Parent and teachers, and prepared a thorough written report. The academic assessment was conducted by a resource specialist teacher under the supervision of a fully credentialed specialist — an appropriate safeguard given the assessor held only an intern credential. Both portions of the assessment were administered in English, Student's dominant language, and were selected to avoid cultural or racial bias.

The ALJ also found that Charter acted without "unnecessary delay" after Parent requested the IEE. Federal law requires a school to either agree to fund an IEE or quickly file for due process to defend its assessment — it cannot simply sit on the parent's request. Charter sent a denial letter just 10 days after receiving Parent's request and filed its due process complaint only 24 days after that request. The ALJ compared this to a court case (Ripon Unified) where a two-month delay was still found acceptable, and concluded Charter's 24-day response was well within acceptable limits.

What Was Ordered

Charter's multi-disciplinary assessment was found to be appropriate and legally sufficient.
The student's request for an independent educational evaluation at public expense was denied.

Why This Matters for Parents

You have a right to an IEE, but the district can fight it in court. When you disagree with a school's assessment and request an independent evaluation at public expense, the school does not have to simply agree. It can file for due process to defend its own assessment. If the school's assessment is found legally adequate, you will not receive a publicly funded IEE — though you can still get one at your own expense.
A school's assessment must cover all areas of suspected disability, not just the ones they choose. The law requires schools to assess in every area where a disability is suspected. In this case, the ALJ found Charter did this thoroughly. If you believe your child's assessment ignored areas you raised as concerns, document those concerns in writing before and during the assessment process — it creates a record if you later need to challenge the assessment.
Schools must act quickly after you request an IEE — and so must you. Federal law requires schools to respond to an IEE request "without unnecessary delay." In this case, Charter responded in 10 days and filed for due process in 24 days. Parents should also act promptly: if you disagree with an assessment, put your IEE request in writing as soon as possible so the clock starts running on the school's obligation to respond.
Supervisor oversight can validate an assessment done by a less-credentialed staff member. One of the assessors in this case held only an intern credential, but her work was supervised by a fully credentialed specialist. The ALJ found this was acceptable. If you have concerns about who conducted your child's assessment and their qualifications, ask specifically about their credentials and whether their work was supervised — and request documentation.

What Happened

What the ALJ Found

Because the charter school prevailed in this case, this section explains why the ALJ rejected the parent's position.

What Was Ordered

Charter's multi-disciplinary assessment was found to be appropriate and legally sufficient.
The student's request for an independent educational evaluation at public expense was denied.

Why This Matters for Parents

You have a right to an IEE, but the district can fight it in court. When you disagree with a school's assessment and request an independent evaluation at public expense, the school does not have to simply agree. It can file for due process to defend its own assessment. If the school's assessment is found legally adequate, you will not receive a publicly funded IEE — though you can still get one at your own expense.
A school's assessment must cover all areas of suspected disability, not just the ones they choose. The law requires schools to assess in every area where a disability is suspected. In this case, the ALJ found Charter did this thoroughly. If you believe your child's assessment ignored areas you raised as concerns, document those concerns in writing before and during the assessment process — it creates a record if you later need to challenge the assessment.
Schools must act quickly after you request an IEE — and so must you. Federal law requires schools to respond to an IEE request "without unnecessary delay." In this case, Charter responded in 10 days and filed for due process in 24 days. Parents should also act promptly: if you disagree with an assessment, put your IEE request in writing as soon as possible so the clock starts running on the school's obligation to respond.
Supervisor oversight can validate an assessment done by a less-credentialed staff member. One of the assessors in this case held only an intern credential, but her work was supervised by a fully credentialed specialist. The ALJ found this was acceptable. If you have concerns about who conducted your child's assessment and their qualifications, ask specifically about their credentials and whether their work was supervised — and request documentation.