District Prevails on Most Claims, But Must Conduct Health Assessment After Ignoring Parent's Request

A parent filed a due process complaint against Antioch Unified School District, claiming the district failed to assess her daughter's health condition (Hashimoto's disease) as a suspected disability and failed to provide home/hospital instruction. The ALJ found the district was not required to assess the student's health earlier because there were no visible educational impacts, and that home/hospital services were never properly requested. However, the district committed a procedural violation in January 2015 when it ignored the parent's written request for a health assessment and was ordered to conduct one.

What Happened

Student was an 11-year-old girl who had received special education services since age three due to speech and language impairment. She attended Antioch Unified School District schools and was placed in a general education classroom, receiving only speech and language therapy. In 2011, Student was diagnosed with Hashimoto's disease, a thyroid condition that can cause fatigue, difficulty swallowing, and other symptoms. Despite this diagnosis, Student generally performed close to or at grade level throughout her elementary years and did not display symptoms of her condition in the school setting.

Parent grew increasingly concerned that Student's health was affecting her education, pointing to a pattern of frequent absences during the 2013-2014 school year. Parent requested home/hospital instruction and sought to have Student assessed for health-related educational needs. The district conducted multiple assessments — including a full psychoeducational evaluation in 2012 and two independent evaluations by the Northern California Diagnostic Center — but did not conduct a formal health assessment. In January 2015, Parent submitted a written request for a health assessment, backed by a letter from a medical provider. The district neither provided an assessment plan nor issued a written refusal. Parent then filed for due process.

What the ALJ Found

The ALJ ruled in the district's favor on most claims, but found one procedural violation that mattered.

On the failure to assess for health needs (June 2013 – October 2014): The ALJ found that the district had no legal obligation to assess Student's health during this period. Student was performing well academically, showed no signs of health problems at school, and Parent did not raise health concerns at IEP meetings. The district's 2012 assessment had already specifically addressed Hashimoto's disease and found it did not affect Student educationally. Under every legal standard reviewed, the district lacked sufficient reason to suspect a health-related disability during this time.

On the period October 2014 – January 2015: The district actually offered to assess Student's health in October 2014, but Parent refused to sign the assessment plan. Because Parent declined consent, the district was not responsible for failing to conduct the assessment during this window.

On the failure to assess after January 22, 2015 (the one violation found): When Parent appeared at the January 22, 2015 IEP meeting with a written assessment request and a letter from a medical professional, the district was legally required to either send Parent an assessment plan within 15 days or issue a written refusal (called prior written notice). The district did neither. This procedural violation significantly impeded Parent's right to participate in the IEP process, and the ALJ found it constituted a denial of FAPE for the approximately five-week period before Parent filed her complaint.

On the failure to provide home/hospital instruction: The ALJ found that Parent never submitted the required physician's report certifying that Student's condition prevented her from attending school. Without that documentation, the IEP team had no legal basis to even consider home/hospital placement. The district's absences also could not be attributed to Hashimoto's disease, and Student's academic performance remained adequate throughout the year.

What Was Ordered

Within 30 days of the decision, Antioch must conduct a health assessment of Student using a school nurse working in collaboration with a credentialed special education teacher.
A written report must be prepared and provided to Parent, with a translated copy delivered within 45 days of the decision.
The report must address whether Student has health issues that affect her ability to access education, and if so, what special education services she needs.
All other requests for relief — including six hours of missed speech and language services and 56 hours of compensatory education — were denied.

Why This Matters for Parents

Put your health concerns in writing at every IEP meeting. The ALJ found that Parent's verbal complaints were vague and did not clearly link Student's health condition to her education. Detailed, written documentation of health concerns at IEP meetings creates a clear record that the district was on notice and could trigger the district's duty to assess.
When you request an assessment in writing, the district must respond in writing within 15 days — no exceptions. Once Parent delivered a written assessment request and a medical letter at the January 2015 IEP meeting, the law required the district to either send an assessment plan or a written refusal. Doing nothing is a procedural violation. If a district goes silent after your written request, this is a problem you can raise in due process.
Home/hospital instruction requires a physician's letter first. Under California law, a doctor must certify in writing that a student's medical condition is severe enough to prevent school attendance before the IEP team can even consider home/hospital placement. Absences alone — even frequent ones — do not trigger this obligation. If your child needs home/hospital services, get the documentation from your doctor before making the request.
Refusing to sign an assessment plan has consequences. When the district offered a health assessment in October 2014 and Parent declined to sign, that refusal counted against Parent's later claims. If a district offers to assess your child in an area you care about, carefully consider whether refusing consent will limit your options later. You can always accept an assessment and seek an independent evaluation if you disagree with the results.

What Happened

What the ALJ Found

The ALJ ruled in the district's favor on most claims, but found one procedural violation that mattered.

What Was Ordered

Within 30 days of the decision, Antioch must conduct a health assessment of Student using a school nurse working in collaboration with a credentialed special education teacher.
A written report must be prepared and provided to Parent, with a translated copy delivered within 45 days of the decision.
The report must address whether Student has health issues that affect her ability to access education, and if so, what special education services she needs.
All other requests for relief — including six hours of missed speech and language services and 56 hours of compensatory education — were denied.

Why This Matters for Parents

Put your health concerns in writing at every IEP meeting. The ALJ found that Parent's verbal complaints were vague and did not clearly link Student's health condition to her education. Detailed, written documentation of health concerns at IEP meetings creates a clear record that the district was on notice and could trigger the district's duty to assess.
When you request an assessment in writing, the district must respond in writing within 15 days — no exceptions. Once Parent delivered a written assessment request and a medical letter at the January 2015 IEP meeting, the law required the district to either send an assessment plan or a written refusal. Doing nothing is a procedural violation. If a district goes silent after your written request, this is a problem you can raise in due process.
Home/hospital instruction requires a physician's letter first. Under California law, a doctor must certify in writing that a student's medical condition is severe enough to prevent school attendance before the IEP team can even consider home/hospital placement. Absences alone — even frequent ones — do not trigger this obligation. If your child needs home/hospital services, get the documentation from your doctor before making the request.
Refusing to sign an assessment plan has consequences. When the district offered a health assessment in October 2014 and Parent declined to sign, that refusal counted against Parent's later claims. If a district offers to assess your child in an area you care about, carefully consider whether refusing consent will limit your options later. You can always accept an assessment and seek an independent evaluation if you disagree with the results.