District Violated IDEA by Blocking Parent's Choice of Independent Evaluator

What Happened

Student is an 8-year-old second grader attending school in the Bellflower Unified School District. After Parent requested a comprehensive assessment in early 2014, the district conducted a psychoeducational evaluation and convened an IEP team meeting in June 2014. The district determined that Student did not qualify for special education services under any eligibility category. Parent disagreed, believing Student had attention deficits, signs of dyslexia, and emotional difficulties stemming from a significant family trauma. In July 2014, Parent formally requested an Independent Educational Evaluation (IEE) at public expense in the area of psychoeducation.

The district agreed to fund the IEE but responded by providing only three pre-approved evaluators to choose from. It did not explain that Parent had the right to select a qualified evaluator who was not on that list, nor did it share its criteria for what makes an evaluator eligible. When Parent later asked the district to contract directly with a specific licensed psychologist who met all of the district's own criteria — including location, qualifications, and cost — the district refused, citing concerns that the evaluator had previously testified on behalf of students in due process hearings against the district. The district never filed its own due process complaint to defend its evaluation, and as of the hearing date in April 2015, more than six months after the parties reached an impasse, Student still had not received an IEE.

What the District Did Wrong

The ALJ found that the district committed a procedural violation of the IDEA that significantly impeded Parent's opportunity to meaningfully participate in the IEP process. The district's August 2014 and September 2014 responses to Parent's IEE request were both legally deficient because they failed to explain the district's IEE criteria — including location requirements, minimum evaluator qualifications, and the cost cap of $7,000 — and critically failed to inform Parent that she had the right to choose a qualified evaluator who was not on the district's pre-approved list.

The ALJ also rejected the district's argument that Parent could simply pay for the IEE out of pocket and then seek reimbursement. Parent's monthly income was $1,500, and the IEE cost between $3,300 and $3,700 — making advance payment effectively impossible. The district's vague promise that it "may or may not" reimburse Parent, depending on its own unilateral review of the completed evaluation, was found to be an unlawful condition that stacked the deck in favor of the district's pre-approved list.

The ALJ found that the district's real reason for refusing to fund the parent's preferred evaluator was simply that it did not like her — she had testified for students in prior due process cases. This was not a legitimate basis for rejection, particularly since she clearly met all of the district's objective criteria for an independent evaluator. Once the district decided it would not fund the parent's chosen evaluator, it was required by law to file its own due process complaint to defend its original assessment. It failed to do either.

What Was Ordered

1. The district must fund an Independent Educational Evaluation in the area of psychoeducation by Parent's preferred evaluator, at a cost not to exceed $7,000.
2. If that evaluator declines to contract with the district, Parent may choose any other independent psychologist who meets the district's criteria, including anyone on the district's approved list.
3. Funding must include payment for the evaluator to attend one IEP team meeting to review the results.
4. The district must convene an IEP team meeting within 15 days of receiving the completed IEE to discuss Student's eligibility for special education, unless both parties agree in writing to an extension.

Why This Matters for Parents

1. You are not limited to the evaluators a district puts on its list. When a district agrees to fund an IEE, it must tell you that you can choose any qualified evaluator — not just the ones pre-selected by the district. If a district only hands you a short list without explaining your options, ask in writing for their full IEE criteria, including location, qualifications, and cost limits.

2. A district that disagrees with your evaluator choice must file for due process — not just say no. Under federal law, once a district agrees to fund an IEE, it has only two lawful options if a dispute arises: fund the evaluation or file its own due process complaint to prove its original assessment was appropriate. A district that does neither — and lets months go by — is violating your child's rights.

3. "Pay first, seek reimbursement later" is not always a valid district policy. If you cannot afford to pay for an IEE upfront, the district cannot use that financial barrier to effectively deny your right to an independent evaluation. This case establishes that requiring advance payment from a low-income parent can itself be a violation of IDEA procedural safeguards.

4. A district cannot reject your evaluator simply because that person has testified against it in the past. Evaluator bias must be demonstrated — it cannot be assumed because an evaluator has previously advocated for students' rights. If your district refuses your preferred evaluator, ask for the specific, objective reason in writing and compare it against the district's stated criteria.