District Wins Right to Reassess Student With Anxiety Over Parent's Objection

Fremont Unified School District filed for due process after a parent refused to consent to reassessment of a 10th-grade student with anxiety and ADHD who had stopped attending school entirely. The ALJ ruled that the district had a legal right to conduct the reassessment without parental consent, and that if the parent continued to refuse, the district would not be required to provide special education services until the assessment was completed.

What Happened

Student is a 16-year-old high school student who qualified for special education in 2014 under the category of emotional disturbance, primarily due to anxiety. She also had a medical diagnosis of ADHD. Student had a long history of school attendance problems going back to elementary school — she often wouldn't get up in the morning, and frequently developed physical symptoms like stomachaches or headaches at school, leading Parent to take her home. By the 2016-2017 school year, Student had been placed on a reduced schedule of just two classes per day at school, with home instruction for everything else. Even so, she stopped attending those two classes entirely by the end of October 2016.

At a December 2016 IEP meeting, the district raised concerns about Student's lack of progress and proposed reassessing her to gather current information so it could develop an effective IEP. Student's triennial reassessment — the required re-evaluation every three years — was also coming due in spring 2017. Parent refused to consent to the assessment plan the district sent in January 2017, arguing that a private independent evaluation completed by a neuropsychologist (Dr. Bernou) in early 2016 was sufficient and that no new assessment could occur until 2019. The district filed for due process to compel the assessment.

What the ALJ Found

The ALJ sided entirely with the district. The core finding was that Fremont had clear, legitimate reasons to reassess Student: she had stopped attending school, was falling significantly behind in credits needed to graduate with her class, and existing strategies to improve her attendance had failed. The district needed updated information in the areas of academic achievement, social-emotional functioning, adaptive behavior, health, and post-secondary transition planning in order to build an IEP that could actually work for Student.

The ALJ rejected Parent's argument that the independent evaluation from Dr. Bernou reset the three-year reassessment clock to 2019. Under the law, a school district can conduct a reassessment whenever a student's educational needs warrant it — not only on a strict three-year schedule. The district also had an independent obligation to complete the triennial assessment by May 29, 2017, the three-year anniversary of Student's initial IEP. The ALJ also found that the district followed all required procedural steps: it sent a proper assessment plan with a procedural safeguards notice in English (Parent's native language), gave Parent the required time to respond, and filed for due process within a reasonable time after consent was refused.

On the most serious question raised by Parent — whether the district could cut off special education services if Parent continued to refuse to make Student available for testing — the ALJ said yes. Under longstanding federal case law, a parent who wants their child to receive special education must allow the district to evaluate the child. There is no exception to this rule.

What Was Ordered

The district is entitled to reassess Student according to its January 19, 2017 assessment plan, without Parent's consent.
The district must notify Parent in writing within 20 business days of the scheduled assessment dates, times, and locations. The assessment will take place over the summer of 2017.
If Student cannot appear due to illness or other unrelated cause, Parent must notify the district promptly and the parties must agree on new dates within 30 days.
Parent must complete and return any documents reasonably requested as part of the assessment process.
Parent may not attach conditions to the assessment, including requiring their own presence, dictating assessment methods or instruments, or choosing the assessor.
If Parent does not comply with this order, the district is not required to provide Student with special education services or any other special education rights until Parent complies.

Why This Matters for Parents

An independent evaluation does not permanently replace the district's right to assess. Having an outside expert evaluate your child is a valuable tool, but it does not prevent the district from conducting its own assessment when your child's needs change or when the reassessment deadline arrives. The district retains the right to use its own evaluators.
Refusing to consent to reassessment is a high-risk strategy. Under federal case law affirmed in this decision, a parent who wants their child to receive special education services must allow the district to evaluate the child. If you refuse and a hearing officer orders the assessment, continued refusal can result in the district legally stopping all special education services.
Triennial reassessments are a legal obligation, not optional. Every three years, the district must conduct a reassessment unless both the parent and district agree in writing that it is unnecessary. If your child's initial IEP was dated in May 2014, the triennial is due by May 2017 — regardless of any private evaluations done in between.
If your child's situation has changed significantly, the district may reassess even before the three-year mark. A major drop in attendance, failure to make academic progress, or a change in functioning are all grounds for the district to propose a reassessment ahead of schedule. Parents should be prepared to engage with this process, and if you have concerns about the scope or methods of the assessment, raise them within the IEP team rather than refusing outright.

What Happened

What the ALJ Found

What Was Ordered

The district is entitled to reassess Student according to its January 19, 2017 assessment plan, without Parent's consent.
The district must notify Parent in writing within 20 business days of the scheduled assessment dates, times, and locations. The assessment will take place over the summer of 2017.
If Student cannot appear due to illness or other unrelated cause, Parent must notify the district promptly and the parties must agree on new dates within 30 days.
Parent must complete and return any documents reasonably requested as part of the assessment process.
Parent may not attach conditions to the assessment, including requiring their own presence, dictating assessment methods or instruments, or choosing the assessor.
If Parent does not comply with this order, the district is not required to provide Student with special education services or any other special education rights until Parent complies.

Why This Matters for Parents

An independent evaluation does not permanently replace the district's right to assess. Having an outside expert evaluate your child is a valuable tool, but it does not prevent the district from conducting its own assessment when your child's needs change or when the reassessment deadline arrives. The district retains the right to use its own evaluators.
Refusing to consent to reassessment is a high-risk strategy. Under federal case law affirmed in this decision, a parent who wants their child to receive special education services must allow the district to evaluate the child. If you refuse and a hearing officer orders the assessment, continued refusal can result in the district legally stopping all special education services.
Triennial reassessments are a legal obligation, not optional. Every three years, the district must conduct a reassessment unless both the parent and district agree in writing that it is unnecessary. If your child's initial IEP was dated in May 2014, the triennial is due by May 2017 — regardless of any private evaluations done in between.
If your child's situation has changed significantly, the district may reassess even before the three-year mark. A major drop in attendance, failure to make academic progress, or a change in functioning are all grounds for the district to propose a reassessment ahead of schedule. Parents should be prepared to engage with this process, and if you have concerns about the scope or methods of the assessment, raise them within the IEP team rather than refusing outright.