District's Child Find Outreach to Private School Was Sufficient, Parent's Claim Denied

What Happened

Student was a 17-year-old eleventh grader attending Pasadena Waldorf School, a private school within Pasadena Unified School District's boundaries. She had been diagnosed with Marfan syndrome, a genetic disorder that caused serious vision problems and a dangerous heart condition that put her at risk for life-threatening complications. These medical issues increasingly affected her ability to keep up with schoolwork, and her grades declined significantly from ninth grade onward. Despite providing the school with detailed medical documentation and a handbook from the Marfan Foundation explaining the accommodations she needed, Student received little meaningful support from Pasadena Waldorf. The private school never referred Student or her Parent to the District for a special education evaluation, and Parent did not know she had the right to request one herself.

Parent filed a due process complaint in May 2015 arguing that the District violated its legal "child find" obligation — the requirement under federal law to actively identify children who may have disabilities and need special education services, even if they attend private school. Parent contended that the District's outreach to private schools was inadequate and that Student should have been identified and assessed long before her academic situation deteriorated so severely.

What the ALJ Found

The ALJ ruled in favor of the District on all issues. Under federal law (the IDEA) and California law, school districts have an ongoing duty to identify and evaluate children with disabilities, including those enrolled in private schools within the district's boundaries. However, the District is not required to directly contact every individual family — it must conduct outreach activities "similar" to what it does for public school students.

The evidence showed that the District had a well-developed child find program. Each September and October, it mailed notices to every private school in its boundaries — including Pasadena Waldorf at the only address on file, which the private school itself had designated in its annual state filing. The mailings informed private schools of the District's duty to identify and assess students who may have disabilities, invited schools to consult with the District, and provided a schedule of training sessions. None of the District's mailings to Pasadena Waldorf were returned as undeliverable.

While two Waldorf staff members testified that they did not recall receiving the District's notices, the ALJ found their testimony unpersuasive. The school's mail was sorted and distributed internally, and neither witness could confirm that the school as a whole had not received the notices. California law presumes that a properly addressed and mailed letter was received, and Parent did not produce enough evidence to overcome that presumption. The ALJ also noted that the District is presumed to have performed its official duties as a public agency — and again, Parent did not overcome that presumption. Ultimately, the failure to identify and assess Student was traced to Pasadena Waldorf's unresponsiveness and internal disorganization around special education, not to any shortcoming in the District's outreach.

What Was Ordered

1. Student's requests for relief were denied in their entirety.
2. The District was found to have prevailed on all issues.

Why This Matters for Parents

1. Don't wait for your private school to refer you to the public school district. Private schools are not always aware of — or proactive about — their students' rights under special education law. As this case shows, a private school's failure to refer a student does not mean the public school district violated its duties. If your child attends a private school and you suspect a disability, you have the right to contact the school district directly and request an evaluation yourself.

2. Your child's public school district has child find obligations even if your child is in a private school. The district where the private school is physically located — not just where you live — is responsible for identifying and evaluating parentally-placed private school students. You do not need to enroll your child in a public school to access a free evaluation.

3. A district's child find obligation is triggered when there is reason to suspect a disability and a need for special education — but the district must actually know about the child. If neither the private school nor the parent ever contacted the District, and the District had no independent reason to know the student existed, it is very difficult to prove a child find violation. Proactively reaching out to the District creates a record that they had notice.

4. Document everything and request an evaluation in writing. Parent in this case was unaware she could ask the District to assess Student. Had she submitted a written evaluation request to the District, the District would have been legally required to respond with an assessment plan. A written request starts the clock on the District's legal obligations — and creates a paper trail that protects your rights.