District's Occupational Therapy Assessment Upheld; Parent Denied Public-Funded IEE

South Whittier School District filed for due process after parents of a four-year-old student with autism requested an independent educational evaluation (IEE) of the district's occupational therapy assessment at public expense. The ALJ found that the district's occupational therapist was properly credentialed, used multiple valid assessment tools, and conducted a thorough evaluation. Because the assessment met all legal requirements, the district was not required to fund an independent evaluation.

What Happened

Student is a four-year-old boy with autism who entered South Whittier School District's special education program in February 2014, just before his third birthday. His initial IEP included occupational therapy (OT) services targeting two main areas: sensory processing related to food textures (delivered in a clinic setting) and fine motor skills like grasping a writing utensil (delivered at school). Following an IEP meeting in May 2014, the district sent parents an assessment plan to re-evaluate Student in both physical therapy and occupational therapy. Parents consented to the assessments in October 2014.

The district contracted with Gallagher Pediatric Therapy to conduct the OT evaluation. The evaluator, a licensed occupational therapist who had worked with Student since he first entered the special education program, completed a comprehensive assessment on November 3, 2014. She used two standardized tests, extensive clinical observations across multiple settings, and interviews with Student's teachers. At the December 2014 IEP meeting, parents agreed with the rest of the IEP but disagreed with the OT portion and requested a publicly funded independent educational evaluation (IEE). The district responded by filing for a due process hearing to defend its assessment. Parents did not appear at the hearing or send a representative.

What the ALJ Found

Because parents did not attend the hearing, no evidence or argument was presented on their behalf. The ALJ evaluated only the district's evidence and found the OT assessment to be legally sound for several reasons.

The evaluator was fully qualified — she held a California OT license, a master's degree in occupational therapy, and had performed more than 100 assessments. She was also personally familiar with Student, having treated and observed him throughout his time in the program. The assessment used multiple tools rather than relying on a single measure: two standardized tests (the Peabody Developmental Motor Scales, Second Edition, and the Sensory Profile), structured clinical observations across nine functional areas, and interviews with two of Student's teachers. The ALJ noted that even though parents returned the Caregiver Questionnaire late and incompletely, the assessment remained valid because it drew from a sufficient variety of other sources.

The ALJ found the written report clear, thorough, and properly shared with the IEP team. The evaluator testified credibly and demonstrated detailed knowledge of Student's individual strengths and challenges. With no contrary evidence offered, the district met its burden of proving the assessment was appropriate, meaning parents were not entitled to a publicly funded IEE.

What Was Ordered

The district's November 3, 2014 occupational therapy assessment was found to have been properly conducted.
The district is not required to provide Student with an independent educational evaluation at public expense.

Why This Matters for Parents

You have the right to request a publicly funded IEE, but the district can challenge it in court. When you disagree with a district evaluation, you can request an IEE at the district's expense. However, the district is allowed to file for a due process hearing to prove its own assessment was adequate. If the ALJ agrees with the district, you will not receive the publicly funded IEE — and you will need to pay for any independent evaluation yourself.
Attending the hearing is essential — absence means your side is not heard. In this case, parents notified OAH they would not attend and sent no representative. As a result, no evidence or argument challenging the district's assessment was presented. The ALJ could only evaluate what the district submitted. If you have concerns about an evaluation, showing up (or sending an advocate or attorney) is critical to protecting your child's rights.
A legally adequate assessment must use multiple tools, not just one test. The law requires districts to use a variety of assessment strategies — not a single score or instrument. When reviewing a district's evaluation of your child, check whether it included standardized tests, direct observations in multiple settings, and input from teachers and caregivers. An assessment that relies on only one measure may be legally vulnerable.
Returning requested forms on time matters. The district's evaluator noted that parents returned the Caregiver Questionnaire late and incomplete, so it was not considered in the assessment. While the assessment was still upheld, incomplete parent participation can limit the information available to the team. Always return assessment-related paperwork promptly, and if you need more time or have questions, communicate that in writing before the deadline.

What Happened

What the ALJ Found

What Was Ordered

The district's November 3, 2014 occupational therapy assessment was found to have been properly conducted.
The district is not required to provide Student with an independent educational evaluation at public expense.

Why This Matters for Parents

You have the right to request a publicly funded IEE, but the district can challenge it in court. When you disagree with a district evaluation, you can request an IEE at the district's expense. However, the district is allowed to file for a due process hearing to prove its own assessment was adequate. If the ALJ agrees with the district, you will not receive the publicly funded IEE — and you will need to pay for any independent evaluation yourself.
Attending the hearing is essential — absence means your side is not heard. In this case, parents notified OAH they would not attend and sent no representative. As a result, no evidence or argument challenging the district's assessment was presented. The ALJ could only evaluate what the district submitted. If you have concerns about an evaluation, showing up (or sending an advocate or attorney) is critical to protecting your child's rights.
A legally adequate assessment must use multiple tools, not just one test. The law requires districts to use a variety of assessment strategies — not a single score or instrument. When reviewing a district's evaluation of your child, check whether it included standardized tests, direct observations in multiple settings, and input from teachers and caregivers. An assessment that relies on only one measure may be legally vulnerable.
Returning requested forms on time matters. The district's evaluator noted that parents returned the Caregiver Questionnaire late and incomplete, so it was not considered in the assessment. While the assessment was still upheld, incomplete parent participation can limit the information available to the team. Always return assessment-related paperwork promptly, and if you need more time or have questions, communicate that in writing before the deadline.