LAUSD Wins Right to Assess Student Over Parent's Refusal

Los Angeles Unified School District filed for due process after a parent repeatedly refused to consent to a mandatory three-year reassessment of their 17-year-old son, who received special education services for a speech and language impairment. The ALJ ruled in the district's favor, finding that three years had passed since Student's last assessment and that current data was legally required before the IEP team could determine whether Student remained eligible for special education. The district was granted the right to assess Student without parental consent.

What Happened

Student was a 17-year-old 11th grader attending Gardena Senior High School within the Los Angeles Unified School District. He had been receiving special education services since January 2005, with an eligibility category of speech or language impairment specifically related to a fluency (stuttering) disorder. Student was fully included in general education classes and received speech and language services for just 30 minutes per month on a consultative basis — the lightest level of support available. His teachers reported no concerns about his fluency during the 2016–2017 school year, and he had already met his one fluency-related IEP goal from the prior year.

The district's last comprehensive assessment of Student had taken place during the 2013–2014 school year, when Student was in eighth grade. By early 2017, three years had passed — triggering the legal requirement for a mandatory "triennial" reassessment. The district also had reason to believe Student might no longer qualify for special education at all, which meant it was legally obligated to conduct a formal assessment before making that determination. On March 1, 2017, the school's Intervention Coordinator sent Parent an assessment plan covering health, general ability, academic performance, language function, motor abilities, and social-emotional status. Parent returned it four days later with the "no consent" box checked. The district had also tried unsuccessfully to get Parent's consent for assessments during Student's ninth and tenth grade years. With the triennial IEP deadline approaching, the district filed for due process to obtain permission to assess Student without parental consent. Parent did not appear at the hearing.

What the ALJ Found

Because the district — not the parent — filed this case, this section explains what the ALJ found in the district's favor.

The ALJ ruled that the district proved two key things required by law. First, conditions clearly warranted reassessment: Student had not been assessed in nearly three years, the IEP team lacked current data to determine whether he still qualified for special education, and the speech-language pathologist who observed Student believed his eligibility for services was in question. Under federal and California law, a district must reassess a student at least every three years, and it must conduct a formal assessment before concluding that a student no longer qualifies for special education — the district cannot simply remove a student from services without data to back that up.

Second, the district followed every required procedural step. The assessment plan was written in plain English (Student's native language), explained each proposed assessment area, included a copy of Parent's rights and procedural safeguards, and clearly stated that no placement or services would change without parental consent. The plan was delivered on time and Parent had adequate opportunity to review and respond. Because the district met both requirements, the ALJ granted it the right to assess Student without parental consent.

What Was Ordered

The district is entitled to reassess Student according to its March 1, 2017 assessment plan, without parental consent.
The district must notify Parent in writing within 15 business days of the decision, specifying the dates, times, and locations where Student is to appear for assessments.
Parent must reasonably cooperate in making Student available for the assessments and must complete and return any documents the district requests as part of the process.
If Parent does not make Student available or fails to return required documents, the district will not be obligated to continue providing Student with special education services or the rights of a special education student until Parent complies.

Why This Matters for Parents

Refusing a triennial reassessment can backfire seriously. Under federal law, districts must reassess students at least every three years. If a parent refuses and the district goes to due process, the district only needs to show the assessment is due and that its paperwork was correct — a relatively low bar. A parent who refuses risks losing their ability to shape the assessment process and, ultimately, their child's eligibility status.
The district must assess before removing eligibility — and that protects your child. The law actually works in students' favor here: a district cannot simply decide a child no longer qualifies for special education without first conducting a formal evaluation. If you believe your child still needs services, the assessment process is your opportunity to gather data that supports continued eligibility — not a reason to disengage.
Withholding consent does not freeze the IEP in place forever. A parent cannot use repeated refusals to block the district from ever reassessing their child. Courts have consistently held that parents who want their child to receive special education must allow required evaluations. Prolonged refusal can result in a due process order — and potentially the loss of services altogether.
Show up to the hearing. Parent in this case called OAH to cancel mediation and updated a phone number, but then did not appear at the actual due process hearing. The district was allowed to proceed without Parent, and the parent had no voice in the outcome. Even if you disagree with the process, appearing at hearings and engaging with the system gives you the best chance to protect your child's rights.

What Happened

What the ALJ Found

Because the district — not the parent — filed this case, this section explains what the ALJ found in the district's favor.

What Was Ordered

The district is entitled to reassess Student according to its March 1, 2017 assessment plan, without parental consent.
The district must notify Parent in writing within 15 business days of the decision, specifying the dates, times, and locations where Student is to appear for assessments.
Parent must reasonably cooperate in making Student available for the assessments and must complete and return any documents the district requests as part of the process.
If Parent does not make Student available or fails to return required documents, the district will not be obligated to continue providing Student with special education services or the rights of a special education student until Parent complies.

Why This Matters for Parents

Refusing a triennial reassessment can backfire seriously. Under federal law, districts must reassess students at least every three years. If a parent refuses and the district goes to due process, the district only needs to show the assessment is due and that its paperwork was correct — a relatively low bar. A parent who refuses risks losing their ability to shape the assessment process and, ultimately, their child's eligibility status.
The district must assess before removing eligibility — and that protects your child. The law actually works in students' favor here: a district cannot simply decide a child no longer qualifies for special education without first conducting a formal evaluation. If you believe your child still needs services, the assessment process is your opportunity to gather data that supports continued eligibility — not a reason to disengage.
Withholding consent does not freeze the IEP in place forever. A parent cannot use repeated refusals to block the district from ever reassessing their child. Courts have consistently held that parents who want their child to receive special education must allow required evaluations. Prolonged refusal can result in a due process order — and potentially the loss of services altogether.
Show up to the hearing. Parent in this case called OAH to cancel mediation and updated a phone number, but then did not appear at the actual due process hearing. The district was allowed to proceed without Parent, and the parent had no voice in the outcome. Even if you disagree with the process, appearing at hearings and engaging with the system gives you the best chance to protect your child's rights.