District Wins Right to Assess Student Without Parent Consent After Repeated Refusals

Grossmont Union High School District filed for due process after a parent repeatedly refused to consent to reassessment of a 14-year-old student with Emotional Disturbance and ADHD. The student had accumulated multiple suspensions and a pending expulsion during his first year at the district. The ALJ ruled that the district had made more than sufficient efforts to obtain consent and ordered that the reassessment could proceed without the parent's agreement.

What Happened

Student was a 14-year-old ninth grader eligible for special education under Emotional Disturbance (primary) and Other Health Impairment due to ADHD (secondary). He enrolled in Grossmont Union High School District at the start of the 2014–2015 school year. At his initial IEP meeting, the district recommended a smaller, behavior-focused special day classroom — a placement similar to what he had in middle school — but Parent declined and requested full inclusion at Steele Canyon Charter High School. Parent also refused to consent to continuing Student's counseling services. The district went along with Parent's requests.

The full-inclusion placement did not go well. Within weeks, Student was caught smoking marijuana on campus, was involved in a sexual incident that was photographed and posted to social media, and accumulated multiple additional disciplinary citations including threats against another student and being under the influence of marijuana at a school event. The district held multiple manifestation determination review meetings and ultimately sought expulsion after determining one incident was not a manifestation of Student's disability. Throughout all of this, the district repeatedly asked Parent to consent to a comprehensive reassessment — including a functional behavior assessment, a mental health assessment, and a full triennial evaluation — presenting formal assessment plans at least four separate times between October 2014 and January 2015. Parent never consented. The district eventually filed for due process to obtain permission to assess Student without parental consent.

What the ALJ Found

Because the district prevailed, this section explains why the ALJ sided with the district. The ALJ found that the district had clear and legitimate reasons to reassess Student: it was new to the district and had never assessed him directly, his behavior was rapidly escalating and affecting his academic performance, and his triennial evaluation was legally due in February 2015. Under federal and state law, a district must reassess a student at least every three years, and it may seek a court or administrative order to proceed without parental consent if the parent fails to respond or refuses despite reasonable efforts.

The ALJ determined that the district had made more than reasonable efforts to get Parent's consent. Assessment plans were provided at four different IEP meetings and mailed via certified mail. The district even filed a request for mediation to try to resolve the dispute, but Parent declined to participate. Parent also did not appear at the due process hearing itself, despite being personally contacted by the ALJ on the morning of the hearing. With no evidence presented to challenge the district's case, the ALJ concluded the district had met its burden and should be allowed to proceed with all proposed assessments.

What Was Ordered

The district is authorized to reassess Student without parental consent, pursuant to the assessment plans provided on October 30, 2014, November 17, 2014, December 17, 2014, and January 10, 2015.
If Parent wishes Student to be considered for special education services, Parent must make Student available for the assessments outlined in the assessment plan.

Why This Matters for Parents

Refusing to consent to assessments does not protect your child — it can backfire. Under the IDEA, districts have the legal right to seek an administrative order overriding parental consent for reassessments, especially when the triennial evaluation deadline is approaching. Refusing consent may delay services but cannot permanently block a mandated evaluation.
A student's triennial reassessment is legally required every three years regardless of parent preference. If your child's three-year evaluation deadline is approaching, the district has an obligation — and legal tools — to ensure it happens. Parents can shape how the assessment is conducted, but cannot indefinitely prevent it.
Not participating in the process — mediation, prehearing conferences, or the hearing itself — leaves you with no voice. In this case, Parent declined mediation, skipped the prehearing conference, and did not appear at the hearing. As a result, there was no evidence on Parent's side, and the district's case went entirely unchallenged. Even if you disagree with the district, showing up and making your case matters.
If you have concerns about how your child will be assessed, you have rights to negotiate the terms. Parents can ask questions about who will conduct the assessments, what tools will be used, and how results will be used in the IEP. You can also request an Independent Educational Evaluation (IEE) if you disagree with the district's findings after the assessment is completed. Refusing consent upfront forfeits your ability to engage with the process.

What Happened

What the ALJ Found

What Was Ordered

The district is authorized to reassess Student without parental consent, pursuant to the assessment plans provided on October 30, 2014, November 17, 2014, December 17, 2014, and January 10, 2015.
If Parent wishes Student to be considered for special education services, Parent must make Student available for the assessments outlined in the assessment plan.

Why This Matters for Parents

Refusing to consent to assessments does not protect your child — it can backfire. Under the IDEA, districts have the legal right to seek an administrative order overriding parental consent for reassessments, especially when the triennial evaluation deadline is approaching. Refusing consent may delay services but cannot permanently block a mandated evaluation.
A student's triennial reassessment is legally required every three years regardless of parent preference. If your child's three-year evaluation deadline is approaching, the district has an obligation — and legal tools — to ensure it happens. Parents can shape how the assessment is conducted, but cannot indefinitely prevent it.
Not participating in the process — mediation, prehearing conferences, or the hearing itself — leaves you with no voice. In this case, Parent declined mediation, skipped the prehearing conference, and did not appear at the hearing. As a result, there was no evidence on Parent's side, and the district's case went entirely unchallenged. Even if you disagree with the district, showing up and making your case matters.
If you have concerns about how your child will be assessed, you have rights to negotiate the terms. Parents can ask questions about who will conduct the assessments, what tools will be used, and how results will be used in the IEP. You can also request an Independent Educational Evaluation (IEE) if you disagree with the district's findings after the assessment is completed. Refusing consent upfront forfeits your ability to engage with the process.