Districts Must Follow Through on Promised Assessments — and Keep Parents Informed of School Changes

A nonverbal student with autism and intellectual disability won his due process case after San Bernardino County and Colton Joint Unified failed to conduct assessments they had agreed to complete, leaving parents without critical information for nearly a year. The districts also failed to notify parents that their son's school had been changed, leading to a terrifying situation on the first day of school where parents could not locate him. The ALJ ordered independent evaluations at public expense and mandatory IEP amendments to protect the student's safety going forward.

What Happened

Student is a nonverbal teenager with autism and intellectual disability who functions at the cognitive level of a typical two- to three-year-old and requires assistance with nearly all daily living skills. He had a history of seizures and orthopedic impairments, and his IEP required school staff to be aware of his location and what he was doing 100% of the time. Student lived within Colton Joint Unified School District's boundaries but had been placed since 2011 in special day classes operated by San Bernardino County. At Student's April 2014 IEP meeting, both agencies agreed to conduct full triennial assessments — including psychoeducational, adapted physical education, speech, and assistive technology evaluations — at the start of the 2014–2015 school year and to hold a follow-up IEP by October 2014.

Neither assessment plan nor any assessment was delivered until February 2015 — nearly ten months late. Meanwhile, over the summer, Student's school placement was quietly changed from Jehue Middle School to Rialto High School without any notice to parents. On the first day of school, the bus took Student to his new school, but parents went to his old school to pick him up. When they arrived at Rialto High School, front office staff told them there was no record of Student attending there. Parents panicked, called Father and the police, and spent a frightening hour unable to locate their son. Student eventually arrived home safely on a bus, but the experience — compounded by a dismissive response from the district principal — led parents to keep Student home from school. Student did not return to school for the remainder of the case. Parents filed for due process seeking independent evaluations and a formal safety plan.

What the District Did Wrong

Failure to assess on time. The IEP team made a clear, documented agreement to begin assessments at the start of the 2014–2015 school year and complete an IEP by October 3, 2014. California law required a written assessment plan within 15 days of parental request and completion of assessments within 60 days of consent. San Bernardino and Colton provided no assessment plan until February 20, 2015 — more than six months late. The districts tried to excuse the delay by blaming parents for keeping Student home, but the ALJ rejected this argument: the assessment plan was due in May 2014, when Student was still attending school, and the districts presented no evidence they ever asked parents to bring Student in for testing. Courts have made clear that districts cannot blame parents for their own procedural failures.

Failure to keep parents informed of their son's whereabouts. The districts changed Student's school without notifying parents verbally or in writing, without informing the new school's front office that Student would be there, and without giving parents contact information for the new teacher or transportation staff. The ALJ found this created a genuinely dangerous situation: had a school emergency occurred — an earthquake, a fire, a lockdown — parents would have had no way to find or help their child. Student's IEP itself required that staff know where he was at all times. The districts violated that requirement from the very first day of eighth grade.

What Was Ordered

San Bernardino and Colton must jointly fund independent educational evaluations (IEEs) at public expense in four areas: psychoeducational assessment (up to $4,375), assistive technology (up to $625), speech and language (up to $937.50), and adapted physical education (up to $937.50). Student may choose the evaluators, who may be located in San Bernardino County or any immediately adjacent county and are free to conduct evaluations as they see fit.
Within 30 days, the districts must amend Student's IEP to require that parents receive written notice and must give signed consent before Student's school of attendance can be changed.
Within 30 days, the districts must amend Student's IEP to require that the front office of Student's school have a photograph of Student, his teacher's name, and his classroom location on or before his first day of attendance each year.
Within 30 days, the districts must amend Student's IEP to require that parents receive telephone contact information for Student's teacher, bus driver, and front office personnel on or before the first day of school each year.

Why This Matters for Parents

If an IEP team agrees to conduct assessments, that agreement is legally binding. Districts cannot simply let agreed-upon timelines pass without consequence. Under California law, once an assessment is requested and agreed to, a written assessment plan must be delivered within 15 days and assessments must be completed within 60 days of consent. If your district misses these deadlines without a written extension that you agreed to, they have violated the law — and you may be entitled to independent evaluations at public expense as a remedy.
Your district cannot blame you for its own procedural failures. Even though parents in this case kept Student home after a frightening first day of school, the ALJ found the districts at fault because the assessment plan was already overdue before that incident occurred. Courts have consistently held that districts cannot excuse their IDEA violations by pointing to parent behavior, unless parents repeatedly and specifically refused to bring the child in for testing.
Your child's school placement cannot be changed without your knowledge. A change of school — even within the same program — is a significant decision that parents have the right to be informed about and to participate in. If your child's IEP does not already specify the school of attendance and require your consent before changes are made, ask for that protection to be written in.
Safety supports belong in the IEP. For students who cannot communicate, have significant disabilities, or require constant supervision, the IEP should include concrete safety procedures: who parents call in an emergency, how front office staff will know who the student is, and how parents are notified of any changes to transportation or location. If your child's IEP lacks this, you can request an IEP meeting to add it.

What Happened

What the District Did Wrong

What Was Ordered

San Bernardino and Colton must jointly fund independent educational evaluations (IEEs) at public expense in four areas: psychoeducational assessment (up to $4,375), assistive technology (up to $625), speech and language (up to $937.50), and adapted physical education (up to $937.50). Student may choose the evaluators, who may be located in San Bernardino County or any immediately adjacent county and are free to conduct evaluations as they see fit.
Within 30 days, the districts must amend Student's IEP to require that parents receive written notice and must give signed consent before Student's school of attendance can be changed.
Within 30 days, the districts must amend Student's IEP to require that the front office of Student's school have a photograph of Student, his teacher's name, and his classroom location on or before his first day of attendance each year.
Within 30 days, the districts must amend Student's IEP to require that parents receive telephone contact information for Student's teacher, bus driver, and front office personnel on or before the first day of school each year.

Why This Matters for Parents

If an IEP team agrees to conduct assessments, that agreement is legally binding. Districts cannot simply let agreed-upon timelines pass without consequence. Under California law, once an assessment is requested and agreed to, a written assessment plan must be delivered within 15 days and assessments must be completed within 60 days of consent. If your district misses these deadlines without a written extension that you agreed to, they have violated the law — and you may be entitled to independent evaluations at public expense as a remedy.
Your district cannot blame you for its own procedural failures. Even though parents in this case kept Student home after a frightening first day of school, the ALJ found the districts at fault because the assessment plan was already overdue before that incident occurred. Courts have consistently held that districts cannot excuse their IDEA violations by pointing to parent behavior, unless parents repeatedly and specifically refused to bring the child in for testing.
Your child's school placement cannot be changed without your knowledge. A change of school — even within the same program — is a significant decision that parents have the right to be informed about and to participate in. If your child's IEP does not already specify the school of attendance and require your consent before changes are made, ask for that protection to be written in.
Safety supports belong in the IEP. For students who cannot communicate, have significant disabilities, or require constant supervision, the IEP should include concrete safety procedures: who parents call in an emergency, how front office staff will know who the student is, and how parents are notified of any changes to transportation or location. If your child's IEP lacks this, you can request an IEP meeting to add it.