LAUSD Wins Right to Assess Autistic Student Over Parent's Objection

Los Angeles Unified School District filed for due process after a parent refused to consent to a comprehensive reassessment of her 10-year-old son with autism. The district argued that updated evaluations were necessary to plan Student's transition to middle school and a full school day. The ALJ ruled in the district's favor, ordering the parent to make Student available for all proposed assessments or risk losing special education services.

What Happened

Student was a 10-year-old boy with autism in fifth grade, attending school for only two hours per day at Corona Avenue Elementary School. He also received applied behavior analysis (ABA) services at home through a non-public agency for an additional two hours per day. Student had significant needs across multiple areas, including communication, behavior, fine motor skills, and social-emotional development. The district's most recent assessments were from 2011 (psychological), 2012 (occupational therapy), and 2013 (speech and language) — meaning some evaluations were over three years old.

In January 2015, the district sent Parent a comprehensive reassessment plan covering health, cognitive development, academics, speech and language, occupational therapy, social-emotional development, and a functional behavior assessment. The district's goal was to gather current information to support Student's upcoming transition to middle school and to help plan his return to a full school day. Parent refused to consent, arguing that the triennial evaluation was not due until 2016. Parent's prior attorney had argued that an independent educational evaluation (IEE) completed in January 2013 should count as the triennial review. When the parties could not resolve the dispute, the district filed for due process — an unusual step where the district, not the parent, initiates the hearing.

What the ALJ Found

The ALJ found entirely in the district's favor. The district's assessment plan was found to be legally proper: it was sent in Parent's native language (Spanish), clearly identified all areas to be assessed, and gave Parent the required 15 days to review and respond.

On the core question of whether reassessment was warranted, the ALJ rejected Parent's argument that the 2013 IEE satisfied the district's obligation to conduct its own evaluations. Courts across the country — including the Ninth Circuit, which covers California — have consistently held that if parents want their child to receive special education services under the IDEA, they must allow the school district to conduct its own assessments. A district cannot be forced to rely solely on an independent evaluation obtained by the family. Furthermore, the 2013 IEE was already two years old, did not include academic testing, and did not cover health, speech and language, or occupational therapy — meaning large portions of Student's profile were effectively unmeasured.

The ALJ also found that new assessments were genuinely necessary. Student was approaching middle school — a major transition — and had been attending school for only two hours a day, leaving his educational team with limited information about his functioning. Updated evaluations were needed to understand his current learning needs, behavior triggers, communication abilities, and sensory needs so that an appropriate program could be designed for him.

What Was Ordered

The district is entitled to proceed with all assessments in its January 26, 2015 assessment plan, over Parent's objection.
The district must deliver written notice to Parent — by certified mail — of the specific dates, times, and locations of each assessment within 10 business days of the decision.
Parent must present Student for assessments on the scheduled dates. If Student cannot attend on a given day, Parent must communicate this promptly and work with the district to reschedule within 30 days of the original dates.
Parent must timely complete and return any paperwork the district reasonably requests as part of the assessments.
If Parent fails to present Student or complete required paperwork, the district is not obligated to provide special education and related services to Student until Parent complies.

Why This Matters for Parents

Refusing district assessments can put your child's services at risk. Under the IDEA, if you want your child to receive special education, you must allow the district to conduct its own evaluations. A parent's refusal to consent can — and in this case did — result in a legal order requiring cooperation, with loss of services as a consequence for non-compliance.
An IEE does not replace the district's right to assess. Even if you have obtained a high-quality independent evaluation, the district is still legally entitled to conduct its own assessments. IEEs and district evaluations serve different purposes, and courts have uniformly upheld the district's right to use its own assessors.
Triennial timelines are a floor, not a ceiling. The district does not have to wait three years to reassess your child. If Student's needs have changed — due to a school transition, a change in placement, or new concerns — the district can seek reassessment sooner, and the three-year clock does not override that right.
Major transitions are a key trigger for reassessment. Moving to middle school or returning to a fuller school day after a reduced schedule are exactly the kinds of situations that justify updated evaluations. Parents should expect districts to seek new assessments at these transition points, and engaging constructively with that process protects your child's access to appropriate services.

What Happened

What the ALJ Found

What Was Ordered

The district is entitled to proceed with all assessments in its January 26, 2015 assessment plan, over Parent's objection.
The district must deliver written notice to Parent — by certified mail — of the specific dates, times, and locations of each assessment within 10 business days of the decision.
Parent must present Student for assessments on the scheduled dates. If Student cannot attend on a given day, Parent must communicate this promptly and work with the district to reschedule within 30 days of the original dates.
Parent must timely complete and return any paperwork the district reasonably requests as part of the assessments.
If Parent fails to present Student or complete required paperwork, the district is not obligated to provide special education and related services to Student until Parent complies.

Why This Matters for Parents

Refusing district assessments can put your child's services at risk. Under the IDEA, if you want your child to receive special education, you must allow the district to conduct its own evaluations. A parent's refusal to consent can — and in this case did — result in a legal order requiring cooperation, with loss of services as a consequence for non-compliance.
An IEE does not replace the district's right to assess. Even if you have obtained a high-quality independent evaluation, the district is still legally entitled to conduct its own assessments. IEEs and district evaluations serve different purposes, and courts have uniformly upheld the district's right to use its own assessors.
Triennial timelines are a floor, not a ceiling. The district does not have to wait three years to reassess your child. If Student's needs have changed — due to a school transition, a change in placement, or new concerns — the district can seek reassessment sooner, and the three-year clock does not override that right.
Major transitions are a key trigger for reassessment. Moving to middle school or returning to a fuller school day after a reduced schedule are exactly the kinds of situations that justify updated evaluations. Parents should expect districts to seek new assessments at these transition points, and engaging constructively with that process protects your child's access to appropriate services.