Bellflower Ordered to Fund IEEs and Reimburse Tuition After Years of Stonewalling Private-School Family

A Bellflower Unified student with autism and speech-language needs, privately placed at New Harvest Christian School, won on all three issues after the district repeatedly refused to assess her or offer a FAPE, citing a local inter-district agreement. The ALJ found that agreement could not override the district's federal obligations under the IDEA. Bellflower was ordered to fund six independent educational evaluations, pay 52 hours of compensatory tutoring, and reimburse private school tuition and transportation costs.

What Happened

Student is a teenage girl eligible for special education under the categories of autism and speech or language impairment, who resided within Bellflower Unified School District. Beginning with the 2014–2015 school year, Parent enrolled Student at New Harvest Christian School, a small private school in Norwalk (within the neighboring Norwalk-LaMirada Unified School District's boundaries). Parent repeatedly asked Bellflower — Student's district of residence — to assess Student and develop an IEP with a full offer of a free appropriate public education (FAPE). Each time, Bellflower refused, claiming that a regional inter-district agreement (the "GLASS Agreement") shifted its responsibilities to Norwalk-LaMirada because the private school was physically located there. Bellflower told Parent to contact Norwalk-LaMirada instead.

A prior due process hearing (OAH Case No. 2017050338, decided November 20, 2017) had already ruled against Bellflower on similar grounds and ordered the district to immediately fund four independent educational evaluations (IEEs) and reimburse tuition. Bellflower appealed that decision in federal court and used the pending appeal as justification for ignoring those orders entirely. In June 2018, Parent again asked Bellflower for additional assessments (central auditory processing and transition) and an offer of FAPE for the 2018–2019 school year. Bellflower again refused — prompting this second due process filing.

What the District Did Wrong

The ALJ found Bellflower violated Student's right to a FAPE on all three issues. First, Bellflower failed to fund the four IEEs it had been ordered to provide in the prior OAH decision. The district argued its appeal of that decision suspended its obligation to comply, but the ALJ rejected this: a pending appeal does not stay an OAH order or remove the obligation to comply. The GLASS Agreement — a voluntary arrangement between neighboring districts about how to handle privately placed students — also provided no legal cover, because no private inter-district agreement can override a school district's duties under federal law.

Second, when Parent requested central auditory processing and transition assessments in June 2018, Bellflower flatly refused and directed Parent to Norwalk-LaMirada. This was wrong. Under the IDEA and California law, a student's district of residence must respond to a parent's assessment request with a written assessment plan within 15 school days — regardless of where the private school is located. Telling a parent to go ask a different district is not a legally acceptable response.

Third, Bellflower repeatedly refused to hold an IEP meeting or offer Student a FAPE for the 2018–2019 school year unless Student first re-enrolled in a Bellflower school. The law is clear: a district's obligation to offer a FAPE is triggered by the student's residency, not enrollment. Parent never gave up the right to an offer of FAPE, and Bellflower's demand for re-enrollment as a prerequisite was flatly illegal.

What Was Ordered

Bellflower shall fund 52 hours of specialized academic instruction (compensatory education) from a credentialed special education teacher at a nonpublic agency of Parent's choosing. Hours must be used within 18 months or are forfeited.
Bellflower shall reimburse Parent 95% of private school tuition paid for the 2017–2018 school year and for September through November 2018 (the 5% reduction reflects the portion of the New Harvest curriculum that is religious in nature). The 2018–2019 portion equals $1,239.75.
Bellflower shall reimburse Parent for daily round-trip transportation (9.58 miles) to New Harvest for every day Student attended in 2017–2018, and for 56 days in 2018–2019, calculated at the applicable IRS standard mileage rate.
Bellflower shall fund six independent educational evaluations — in the areas of psychoeducation, speech and language, occupational therapy, behavior, central auditory processing, and transition — by providers of Parent's choosing. Bellflower must contract with evaluators within 15 days of this decision.
Each independent evaluator shall be funded for up to three hours to prepare for, travel to, and attend an IEP meeting to present their findings.
Bellflower shall hold an IEP team meeting to review the evaluations, develop a new IEP, and make a compliant offer of FAPE to Student.

Why This Matters for Parents

A pending court appeal does not let a district off the hook. When a due process decision orders a district to act, that order is binding immediately. Filing an appeal does not pause the district's obligations. If a district refuses to comply with an OAH order, parents can also file a compliance complaint with the California Department of Education.
Your district of residence must respond to assessment requests — even if your child attends a private school in another district. The IDEA's assessment obligations follow where the family lives, not where the private school is located. A district cannot legally redirect you to another district as a substitute for responding with its own assessment plan.
Districts cannot require re-enrollment as a condition of getting an IEP or FAPE offer. Residency — not enrollment — triggers a district's duties. If you live in a district and ask for an IEP, the district must respond. Demanding that your child return to a district school before offering any services is an illegal precondition.
Private inter-district agreements cannot override federal special education law. Bellflower cited a regional SELPA agreement to justify its refusals at every turn. The ALJ made clear that voluntary agreements between districts cannot eliminate or reduce a district's obligations under the IDEA. If a district cites a local policy or agreement to deny your child services, that is not the end of the conversation.
Reimbursement for a private placement can be reduced if the school has religious content, but not eliminated. The ALJ reduced tuition reimbursement by 5% — the portion of the school day devoted to religious instruction — but still awarded the remaining 95%. A private school does not need to be state-accredited or have credentialed teachers to qualify for reimbursement, as long as it provided educational benefit to Student.

What Happened

What the District Did Wrong

What Was Ordered

Bellflower shall fund 52 hours of specialized academic instruction (compensatory education) from a credentialed special education teacher at a nonpublic agency of Parent's choosing. Hours must be used within 18 months or are forfeited.
Bellflower shall reimburse Parent 95% of private school tuition paid for the 2017–2018 school year and for September through November 2018 (the 5% reduction reflects the portion of the New Harvest curriculum that is religious in nature). The 2018–2019 portion equals $1,239.75.
Bellflower shall reimburse Parent for daily round-trip transportation (9.58 miles) to New Harvest for every day Student attended in 2017–2018, and for 56 days in 2018–2019, calculated at the applicable IRS standard mileage rate.
Bellflower shall fund six independent educational evaluations — in the areas of psychoeducation, speech and language, occupational therapy, behavior, central auditory processing, and transition — by providers of Parent's choosing. Bellflower must contract with evaluators within 15 days of this decision.
Each independent evaluator shall be funded for up to three hours to prepare for, travel to, and attend an IEP meeting to present their findings.
Bellflower shall hold an IEP team meeting to review the evaluations, develop a new IEP, and make a compliant offer of FAPE to Student.

Why This Matters for Parents

A pending court appeal does not let a district off the hook. When a due process decision orders a district to act, that order is binding immediately. Filing an appeal does not pause the district's obligations. If a district refuses to comply with an OAH order, parents can also file a compliance complaint with the California Department of Education.
Your district of residence must respond to assessment requests — even if your child attends a private school in another district. The IDEA's assessment obligations follow where the family lives, not where the private school is located. A district cannot legally redirect you to another district as a substitute for responding with its own assessment plan.
Districts cannot require re-enrollment as a condition of getting an IEP or FAPE offer. Residency — not enrollment — triggers a district's duties. If you live in a district and ask for an IEP, the district must respond. Demanding that your child return to a district school before offering any services is an illegal precondition.
Private inter-district agreements cannot override federal special education law. Bellflower cited a regional SELPA agreement to justify its refusals at every turn. The ALJ made clear that voluntary agreements between districts cannot eliminate or reduce a district's obligations under the IDEA. If a district cites a local policy or agreement to deny your child services, that is not the end of the conversation.
Reimbursement for a private placement can be reduced if the school has religious content, but not eliminated. The ALJ reduced tuition reimbursement by 5% — the portion of the school day devoted to religious instruction — but still awarded the remaining 95%. A private school does not need to be state-accredited or have credentialed teachers to qualify for reimbursement, as long as it provided educational benefit to Student.