District Must Keep Holding IEP Meetings Even After Declaring Student Ineligible

What Happened

Student is a teenager diagnosed with autism spectrum disorder who had been receiving special education services since age three. Through a series of annual settlement agreements, New Haven Unified School District funded Student's placement at Hope Technology School, a small private school with an inclusive model, through eighth grade. In spring 2015, as Student was completing eighth grade, the district conducted a triennial assessment and convened IEP team meetings in June and July 2015. Based on those assessments, the district concluded that Student no longer required special education — that his needs could be met with general education accommodations alone. Parents disagreed and did not consent to exiting Student from special education.

Rather than filing for a due process hearing to override the parents' objection, the district simply stopped holding annual IEP meetings. For the next two school years (10th and 11th grade), no IEP meeting was convened and no transition plan was developed, even though Student turned 16 during this period — the age at which federal law requires an individualized transition plan. Parents, receiving no IEP offer, enrolled Student at Moreau Catholic High School, a private college preparatory school, and sought reimbursement for tuition and transportation. Parents filed for due process in May 2017.

What the ALJ Found

The ALJ ruled in the district's favor on some issues and in the parents' favor on others — making this a mixed outcome overall.

Where the district prevailed: The ALJ found that the district's 2015 assessments were thorough and appropriate. District evaluators properly assessed Student in academic achievement, occupational therapy, and speech and language. Although Student still had an autism diagnosis, the evidence showed he was performing at or above grade level, managing his workload independently, participating in group activities, and making academic progress with only general education accommodations. The ALJ agreed that Student no longer required specialized instruction to benefit from his education, and that the district was correct to offer to exit him from special education.

The ALJ also found no procedural violation in the June 2015 IEP meeting itself. The district's speech-language pathologist was absent, but parents had agreed in writing to her absence — exactly as federal regulations allow — and she had provided her written report to the team in advance.

Where the parents prevailed: Even though the district correctly determined Student was no longer eligible, the ALJ held that the district cannot simply walk away from its obligations when parents refuse to consent to the exit. Because parents never signed a written revocation of consent for special education services, and the district never obtained an OAH order authorizing it to exit Student unilaterally, Student legally remained a special education student. That meant the district was still required to hold annual IEP meetings — and it failed to do so for two consecutive years. The district also failed to develop the individualized transition plan required when Student turned 16. These failures prevented parents from participating in any educational decision-making process for two full school years, which constituted a denial of FAPE.

What Was Ordered

1. District shall reimburse parents up to $15,076 for Moreau Catholic High School tuition for the 2016-2017 school year (full tuition of $17,736, reduced by 15% for religious instruction).
2. District shall reimburse parents up to $15,453 for Moreau tuition for the 2017-2018 school year ($18,180 reduced by 15%), payable monthly as tuition installments are made with proof of payment.
3. District shall reimburse parents $8.40 per school day of attendance at Moreau for transportation (based on a 15.7-mile round trip at the IRS mileage rate), not to exceed $1,470 for the 2016-2017 school year.
4. District shall reimburse the same daily transportation rate for the 2017-2018 school year, not to exceed $1,470 total, payable monthly with proof of attendance.
5. Reimbursement for the 2015-2016 (9th grade) school year and for the upcoming 2018-2019 school year was denied — the district had not yet violated its obligations for those years.

Why This Matters for Parents

1. A district cannot unilaterally exit your child from special education just because it says your child is ineligible. If you disagree with a district's finding that your child no longer qualifies for special education, do not sign anything consenting to the exit. Without your written consent or an OAH order, your child legally remains a special education student and the district must keep meeting its IDEA obligations.

2. The district must continue holding annual IEP meetings even when parents and district are in a dispute over eligibility. The ALJ made clear that a district cannot use its own eligibility determination as a reason to stop scheduling IEP meetings. Failing to hold an annual IEP meeting — even for one year — can be a denial of FAPE.

3. If your child will turn 16 during the upcoming school year, the district must include an individualized transition plan in that IEP. Transition planning is a federal right, not optional. If the district fails to develop one in time, that failure is its own independent procedural violation.

4. If you enroll your child in private school because the district fails to offer any IEP, document everything in writing. Parents here were awarded two years of private school tuition because they gave proper written notice of their placement decision each year. Keep copies of every letter and email you send to the district about your placement intentions.

5. Reimbursement for private religious school tuition may be reduced for the religious portion of the education. The ALJ reduced the award by 15% because one of Student's seven classes was religion and he was required to attend weekly religious services. If you are considering a faith-based private placement, factor this into your expectations for reimbursement.