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

Los Angeles Unified School District filed for due process after a parent refused to consent to triennial psychoeducational and academic assessments of a 17-year-old nonverbal student with autism. The parent also requested an independent evaluation at public expense after disagreeing with the district's occupational therapy assessment. The ALJ ruled entirely in the district's favor, authorizing the assessments without parental consent and finding the occupational therapy assessment legally adequate.

What Happened

Student was a 17-year-old nonverbal student with autism enrolled in an 11th-grade special day class at a Los Angeles Unified high school. Student communicated through gestures, pictures, symbols, and an iPad. His last full psychoeducational assessment had been conducted in 2010 — six years before this case — when he was in fourth grade. A 2013 triennial academic review was conducted without standardized testing, relying only on records and interviews. In early 2016, the district sent Parent a formal assessment plan proposing a new round of triennial assessments, including psychoeducational, academic, and occupational therapy evaluations.

Parent signed consent for the occupational therapy and academic assessments but refused to allow the psychoeducational assessment. Later, Parent's authorized advocate revoked consent to the academic assessment as well. After the occupational therapy assessment was completed in April 2016, Parent's advocate disagreed with it and requested that the district fund an independent occupational therapy evaluation. The district declined, believing its assessment was appropriate, and filed for due process to defend its right to assess Student and to challenge the IEP request for an independent evaluation at public expense.

What the ALJ Found

The ALJ ruled in the district's favor on every issue. On the psychoeducational and academic assessments, the ALJ found that six years had passed since Student's last comprehensive evaluation, that Student had changed significantly during that time (including becoming more independent and improving his behavior), and that the IEP team was being forced to make decisions based on dangerously limited information. The ALJ concluded that updated assessments were clearly warranted and that the district had followed every procedural requirement: providing the assessment plan in English (Parent's native language), including a copy of parental rights, explaining the types of assessments proposed, and giving Parent more than 15 days to respond.

On the occupational therapy assessment, the ALJ found that the district's evaluator — a licensed occupational therapist with a doctorate and over a decade of experience — was fully qualified to conduct the assessment. The evaluator used multiple methods: a standardized visual-motor test (which Student could not complete due to his disability), direct observations on two separate dates, teacher and parent questionnaires, and a thorough review of prior records and work samples. The ALJ specifically found that the assessment covered sensory integration — the area Parent's advocate claimed was missing — and that the written report met all legal requirements. There was no basis to order a publicly funded independent evaluation.

What Was Ordered

The district's April 13, 2016 occupational therapy assessment was found appropriate, and Student is not entitled to an independent occupational therapy evaluation at public expense.
The district may conduct a psychoeducational assessment of Student pursuant to the February 2016 assessment plan without parental consent, provided Student remains enrolled in the district.
The district may conduct an academic assessment of Student pursuant to the February 2016 assessment plan without parental consent, provided Student remains enrolled in the district.
The district must notify Parent in writing at least 15 calendar days before assessments begin.
If Student does not allow the district to conduct the assessments as ordered, the district may — after written notice — terminate delivery of special education and related services to Student.

Why This Matters for Parents

Withholding consent to triennial assessments can backfire severely. Under IDEA, districts are required to reassess students every three years. If you refuse, the district can go to a hearing to force the assessment — and if the judge agrees the assessment is warranted, your child's special education services can be placed at risk if you continue to refuse.
An independent evaluation (IEE) is not automatic just because you disagree with a district assessment. To be entitled to a publicly funded IEE, you must show the district's assessment was actually flawed — poorly conducted, incomplete, or administered by unqualified personnel. Simply disagreeing with the results or conclusions is not enough.
Districts can use multiple methods when standardized testing fails. When a student cannot complete a standardized test due to their disability, evaluators are allowed to substitute observations, questionnaires, records review, and other tools. The assessment can still be legally valid even without usable test scores.
Outdated assessments hurt your child. In this case, the IEP team was forced to make decisions about a 17-year-old's goals and services based on evaluations done when he was 10. Without current data, the team could not accurately determine eligibility, appropriate services, or meaningful goals — which ultimately harms the student most.

What Happened

What the ALJ Found

What Was Ordered

The district's April 13, 2016 occupational therapy assessment was found appropriate, and Student is not entitled to an independent occupational therapy evaluation at public expense.
The district may conduct a psychoeducational assessment of Student pursuant to the February 2016 assessment plan without parental consent, provided Student remains enrolled in the district.
The district may conduct an academic assessment of Student pursuant to the February 2016 assessment plan without parental consent, provided Student remains enrolled in the district.
The district must notify Parent in writing at least 15 calendar days before assessments begin.
If Student does not allow the district to conduct the assessments as ordered, the district may — after written notice — terminate delivery of special education and related services to Student.

Why This Matters for Parents

Withholding consent to triennial assessments can backfire severely. Under IDEA, districts are required to reassess students every three years. If you refuse, the district can go to a hearing to force the assessment — and if the judge agrees the assessment is warranted, your child's special education services can be placed at risk if you continue to refuse.
An independent evaluation (IEE) is not automatic just because you disagree with a district assessment. To be entitled to a publicly funded IEE, you must show the district's assessment was actually flawed — poorly conducted, incomplete, or administered by unqualified personnel. Simply disagreeing with the results or conclusions is not enough.
Districts can use multiple methods when standardized testing fails. When a student cannot complete a standardized test due to their disability, evaluators are allowed to substitute observations, questionnaires, records review, and other tools. The assessment can still be legally valid even without usable test scores.
Outdated assessments hurt your child. In this case, the IEP team was forced to make decisions about a 17-year-old's goals and services based on evaluations done when he was 10. Without current data, the team could not accurately determine eligibility, appropriate services, or meaningful goals — which ultimately harms the student most.