LAUSD Must Conduct FBA and Maintain Speech Services Despite Student Noncompliance

A 19-year-old student with ADHD attending a Los Angeles Unified non-public high school won partial relief after the district failed to conduct a functional behavioral assessment and improperly terminated speech and language services. The ALJ awarded 69 hours of compensatory services — 60 hours of one-to-one academic instruction and 9 hours of speech therapy — but denied most of the parent's other claims, including challenges to graduation, placement, and predetermination.

What Happened

Student was a 19-year-old young man with ADHD, eligible for special education under "other health impairment," attending Vista High School, a non-public school within Los Angeles Unified School District. Student struggled significantly with class attendance, work completion, and behavioral issues throughout high school — missing enormous amounts of instructional time due to unexcused absences, engaging in peer conflicts, and refusing to complete assignments. Despite these ongoing and escalating problems, the district repeatedly issued behavior support plans with only minor changes rather than conducting a formal functional behavioral assessment (FBA) to identify the root causes of Student's behaviors.

Parent filed a due process complaint in June 2016 raising more than a dozen issues, including claims that the district failed to assess Student appropriately, denied him a free appropriate public education (FAPE) through inadequate services and placement, predetermined IEP decisions, and improperly graduated Student and ended his special education eligibility. The district filed a separate complaint challenging Parent's demand for an independent speech and language evaluation at public expense. Both cases were consolidated and heard over seven hearing days.

What the District Did Wrong

Failure to conduct a functional behavioral assessment. Student's records showed an overwhelming pattern of maladaptive behavior from the moment he arrived at Vista High School — 42 absences out of 68 school days in just the first months, repeated peer conflicts, consistent refusals to work, and near-zero assignment completion. Despite this, the district never conducted an FBA. The ALJ found that by approximately February 14, 2015 — 60 days after the pattern became undeniable — the district had enough information to trigger its obligation to assess. Instead, it simply recycled essentially the same behavior support plan at the February 2016 IEP with only minor modifications, even though those supports had clearly failed for over a year. This denied Student a FAPE from approximately April 14, 2015, through May 20, 2016.

Terminating speech and language services without adequate assessment data. At the February 29, 2016 IEP meeting, the district recommended ending Student's speech and language services based on an assessment that was significantly compromised — Student had refused to cooperate with standardized testing, leaving the assessor relying on outdated test results from the 2010–2011 school year. The ALJ found that while Student's own refusal caused the data gap, that didn't give the district license to simply eliminate services. The district should have maintained the existing level of speech and language services until it could properly evaluate Student's needs. Terminating services under these circumstances denied Student a FAPE from April 21, 2016 (when Student consented to the IEP), through his graduation on June 10, 2016.

What the district did NOT do wrong (claims denied). The ALJ rejected the vast majority of Parent's other claims. The district's speech and language assessment was found adequate given that Student refused to cooperate — so no independent evaluation at public expense was owed. Placement at Vista High School was appropriate for Student's needs at both relevant IEP meetings. The district did not predetermine IEP outcomes, did not improperly exclude Parent from participation, and did not inflate grades or improperly graduate Student. Because Student had earned the required 230 credits and completed the necessary coursework with passing grades, his graduation with a regular diploma was lawful and appropriate.

What Was Ordered

District must fund 60 hours of one-to-one academic instruction from a non-public agency, provided by a credentialed teacher experienced with students with ADHD and/or language difficulties.
District must fund 9 hours of speech and language services from a non-public agency, provided by a speech pathologist who can address transition-based communication skills relevant to community college or work settings.
Within 10 days of the decision, District must provide Student with lists of three qualified non-public agencies for each service type.
Student must select agencies within 20 days; if Student does not respond, District selects the agencies.
All 69 compensatory hours must be used by August 1, 2018, or unused hours are forfeited.
All other requests for relief — including rescinding the diploma, retaining Student in high school, and continuing special education eligibility — were denied.

Why This Matters for Parents

A student's refusal to cooperate with testing does not erase the district's duty to assess behaviors. When a student's behavioral pattern is severe and chronic — chronic absences, repeated incidents, no academic progress — the district must conduct a functional behavioral assessment regardless of how difficult the student is to work with. Recycling the same behavior support plan year after year is not enough.
Districts cannot use a student's own testing refusal as justification for cutting services. If a student refuses to cooperate with an assessment and the resulting data is incomplete or unreliable, the district cannot simply use that gap as a reason to eliminate services. It must maintain existing services until it can gather sufficient information to make an informed decision.
When a student turns 18, educational rights transfer to them — not the parent. This case is a clear reminder that once a student reaches 18, the district is not required to invite the parent to IEP meetings or respond to the parent's records requests unless the student has transferred rights back. Parents of students approaching 18 should plan ahead and discuss rights-transfer arrangements before that birthday.
Graduating with a regular diploma ends special education eligibility — even if goals were not met. Under California law, once a student earns the credits and passes the required courses, the district must award the diploma. The IDEA does not require a student to achieve IEP goals as a condition of graduation. If you believe your child cannot truly access grade-level work, raise that concern explicitly at IEP meetings — don't wait until after graduation.

What Happened

What the District Did Wrong

What Was Ordered

District must fund 60 hours of one-to-one academic instruction from a non-public agency, provided by a credentialed teacher experienced with students with ADHD and/or language difficulties.
District must fund 9 hours of speech and language services from a non-public agency, provided by a speech pathologist who can address transition-based communication skills relevant to community college or work settings.
Within 10 days of the decision, District must provide Student with lists of three qualified non-public agencies for each service type.
Student must select agencies within 20 days; if Student does not respond, District selects the agencies.
All 69 compensatory hours must be used by August 1, 2018, or unused hours are forfeited.
All other requests for relief — including rescinding the diploma, retaining Student in high school, and continuing special education eligibility — were denied.

Why This Matters for Parents

A student's refusal to cooperate with testing does not erase the district's duty to assess behaviors. When a student's behavioral pattern is severe and chronic — chronic absences, repeated incidents, no academic progress — the district must conduct a functional behavioral assessment regardless of how difficult the student is to work with. Recycling the same behavior support plan year after year is not enough.
Districts cannot use a student's own testing refusal as justification for cutting services. If a student refuses to cooperate with an assessment and the resulting data is incomplete or unreliable, the district cannot simply use that gap as a reason to eliminate services. It must maintain existing services until it can gather sufficient information to make an informed decision.
When a student turns 18, educational rights transfer to them — not the parent. This case is a clear reminder that once a student reaches 18, the district is not required to invite the parent to IEP meetings or respond to the parent's records requests unless the student has transferred rights back. Parents of students approaching 18 should plan ahead and discuss rights-transfer arrangements before that birthday.
Graduating with a regular diploma ends special education eligibility — even if goals were not met. Under California law, once a student earns the credits and passes the required courses, the district must award the diploma. The IDEA does not require a student to achieve IEP goals as a condition of graduation. If you believe your child cannot truly access grade-level work, raise that concern explicitly at IEP meetings — don't wait until after graduation.