District Wins Right to Assess Student with Autism Who Refused to Make Herself Available

San Dieguito Union High School District filed for due process after a student with autism consented to triennial assessments but refused to make herself available for testing, limiting sessions to only one to two hours per week. The ALJ ruled in the district's favor, finding the assessments were necessary and appropriate and that the student failed to demonstrate she could not participate in longer testing sessions. The student was ordered to complete all assessments within 45 days or risk losing special education services.

What Happened

Student was an 18-year-old with autism, speech and language impairment, and attention deficit disorder (other health impairment) attending Torrey Pines High School within San Dieguito Union High School District. She was enrolled in five general education classes, cross-country track, and a special education class called Learning Center. Student was on track to graduate with a regular diploma and planned to attend a four-year college. At IEP meetings in September and October 2015, Student reported needing more adult support to understand directions, complete homework, and prepare for tests — and was failing biology at the time.

District had not conducted comprehensive assessments of Student in over three years, making a triennial reassessment legally required. District provided an assessment plan at both 2015 IEP meetings and later mailed and emailed it to Parent. Parent eventually signed a modified version of the plan (which added a post-secondary transition assessment) in January 2016, and Student herself signed it in March 2016. However, both Parent and Student sought to restrict testing to only one to two hours per week, citing Student's attention difficulties and a head injury from a car accident. Despite District offering 20 different testing sessions in one-to-two-hour blocks with supervised breaks, Student had only participated in one session by the time of the hearing. District filed for due process to establish its right to assess Student and complete the triennial evaluation.

What the ALJ Found

The ALJ found entirely in favor of the district. Although Student consented to the assessments in writing, her refusal to make herself reasonably available for them effectively blocked the district from doing what the law requires: conduct triennial evaluations to update Student's IEP and ensure she was receiving an appropriate education.

Student argued her attention issues and post-accident symptoms (dizziness, whiplash) prevented her from participating in more than one to two hours of testing per week. The ALJ rejected this claim. The evidence showed Student was attending two-hour class blocks without difficulty, both before and after the accident. Student provided no expert testimony or credible documentary evidence showing she was physically or emotionally unable to participate in assessments beyond that extremely limited schedule. A doctor's note only covered a two-week post-accident period, not an ongoing restriction.

The ALJ also found that District had fully met its procedural obligations. The assessment plan was written in plain English (Parent's native language), clearly described each area to be assessed, and was provided with proper notice. District went to considerable lengths — offering 20 sessions, scheduling in small increments, and offering supervised breaks — to accommodate Student's concerns. Student simply did not cooperate. The ALJ concluded that under federal and California law, students who want special education services must allow the district to reassess them. There is no exception to this rule.

What Was Ordered

District shall assess Student according to the assessment plan dated November 2, 2015, as modified and signed by Parent on January 22, 2016, and by Student on March 15, 2016.
Student must make herself available to complete all assessments within 45 days of the decision date (April 14, 2016).
District shall schedule testing in increments of no more than two hours per day, no more than three days per week, with supervised breaks of up to 15 minutes after each full hour of testing.
If Student does not complete the assessments within the 45-day window, District will no longer be obligated to provide Student with special education services — until all assessments are completed and an IEP team meeting is held.

Why This Matters for Parents

Consenting to an assessment plan is not enough — your child must actually participate. Signing an assessment plan but then refusing to show up for testing can be treated the same as withholding consent. If your child refuses to participate, the district may seek a hearing to compel the assessment.
Claiming a physical or emotional limitation requires real evidence. The ALJ was not persuaded by Student's claims without supporting documentation or expert testimony. If your child genuinely cannot tolerate extended testing, get documentation from a physician or psychologist — not just a brief doctor's note covering a short recovery period.
Students who turn 18 take on new legal responsibilities. At 18, education rights transfer to the student under the IDEA. This means an adult student's own choices about participating in assessments carry direct legal consequences, including potentially losing access to special education services.
Districts that follow proper procedures will usually win disputes over the right to assess. When a district provides proper written notice, uses qualified assessors, offers reasonable accommodations, and makes repeated good-faith attempts to schedule testing, it is very difficult for a parent or student to block an assessment at a due process hearing.

What Happened

What the ALJ Found

What Was Ordered

District shall assess Student according to the assessment plan dated November 2, 2015, as modified and signed by Parent on January 22, 2016, and by Student on March 15, 2016.
Student must make herself available to complete all assessments within 45 days of the decision date (April 14, 2016).
District shall schedule testing in increments of no more than two hours per day, no more than three days per week, with supervised breaks of up to 15 minutes after each full hour of testing.
If Student does not complete the assessments within the 45-day window, District will no longer be obligated to provide Student with special education services — until all assessments are completed and an IEP team meeting is held.

Why This Matters for Parents

Consenting to an assessment plan is not enough — your child must actually participate. Signing an assessment plan but then refusing to show up for testing can be treated the same as withholding consent. If your child refuses to participate, the district may seek a hearing to compel the assessment.
Claiming a physical or emotional limitation requires real evidence. The ALJ was not persuaded by Student's claims without supporting documentation or expert testimony. If your child genuinely cannot tolerate extended testing, get documentation from a physician or psychologist — not just a brief doctor's note covering a short recovery period.
Students who turn 18 take on new legal responsibilities. At 18, education rights transfer to the student under the IDEA. This means an adult student's own choices about participating in assessments carry direct legal consequences, including potentially losing access to special education services.
Districts that follow proper procedures will usually win disputes over the right to assess. When a district provides proper written notice, uses qualified assessors, offers reasonable accommodations, and makes repeated good-faith attempts to schedule testing, it is very difficult for a parent or student to block an assessment at a due process hearing.