District Not Responsible When Parent Quietly Withdrew Student from Another District's Placement

What Happened

Student is an eight-year-old boy with autism who lived within the boundaries of Garvey School District but attended an autism special day class at a school in the neighboring Alhambra Unified School District. The class used applied behavior analysis and was considered an excellent program. Parent had consented to this placement for the 2014–2015 school year. In the fall of 2014, Student became extremely anxious about attending school. Parent believed an incident with the classroom teacher was the cause and requested an IEP meeting from Alhambra. Alhambra began scheduling a meeting but the meeting never took place. After Student broke out in hives on September 30, 2014, Parent obtained brief medical excuse notes from Student's doctor and stopped sending Student to school. Parent never formally disenrolled Student from Alhambra and never notified Garvey that Student had left his placement.

On October 28, 2014, a psychologist who had been seeing Student wrote a letter recommending Student not return to the classroom with his teacher, and suggesting home schooling until a suitable placement could be found. Parent filed this due process complaint on October 30, 2014, naming Garvey School District and claiming Garvey was responsible for providing Student an appropriate placement and home-hospital instruction from October 1, 2014 onward. October 31, 2014 was the very first day Garvey's new special education coordinator even became aware that Student existed — she learned of him only when the complaint arrived.

What the ALJ Found

The ALJ found that Garvey School District had not violated Student's right to a free appropriate public education (FAPE) on either issue.

On the placement question, the ALJ found that Alhambra remained the responsible educational agency for Student through October 2014. Student's own complaint stated he "currently attends school in an autism special day class within the Alhambra Unified School District" as of the filing date. The medical excuse notes given to Alhambra suggested only a short temporary absence, not a withdrawal. Parent never formally disenrolled Student and never told Garvey that Student had left. Because Garvey had no knowledge that Student was no longer attending in Alhambra until October 31, 2014, Garvey could not have been responsible for providing him an alternative placement before that date.

On the home-hospital question, the ALJ found that neither the doctor's notes nor the psychologist's letter satisfied California's legal requirements for home-hospital instruction. The doctor's notes contained no medical diagnosis and no recommendation for home-hospital services — they simply excused Student from school for a few days. The psychologist's letter recommended Student not return to that specific classroom, and suggested homeschooling only until another placement could be found. It did not state that Student's condition prevented him from attending any school setting, and it did not include a projected return date. California law requires an IEP team recommendation, a medical or psychological report stating a diagnosed condition, and confirmation that the condition prevents the student from attending a less restrictive setting. None of these requirements were met. The ALJ also noted that once Garvey learned of the situation, it moved quickly: within days it scheduled a resolution session, and within weeks Student was placed in a new program.

What Was Ordered

1. Student's requested relief was denied in full.
2. Garvey School District prevailed on both issues presented at hearing.

Why This Matters for Parents

1. Formally withdrawing your child from one district's program is essential before expecting another district to step in. Simply stopping attendance is not enough. If your child lives in one district but attends school in another, you must notify both districts in writing when you are ending that placement. Without formal notice, the resident district has no legal obligation to act.

2. A doctor's note excusing absences is not the same as a request for home-hospital instruction. California law requires a specific medical or psychological report that names a diagnosis and explains why the student cannot attend any school setting at all. A brief excuse note for a few days of absence will not trigger home-hospital services.

3. Document every contact you have with the district in writing. In this case, Parent testified to making many phone calls, but there were no records, emails, or written confirmations to back them up. The ALJ gave little weight to that testimony. Emails, letters, and written requests create a paper trail that can make or break a case.

4. If you believe your child's placement is harmful, request an IEP meeting in writing immediately and wait for the district to respond before pulling your child out. Unilaterally removing a child without following proper procedures can shift legal responsibility away from the district and leave your child without services — and without legal recourse.