Charter School's Delayed Child Find and Missing BCBA Services Cost It $32K in Reimbursement

What Happened

Student is a teenager diagnosed with autism spectrum disorder, ADHD, depression, and emotional disturbance who also had high cognitive abilities — a profile sometimes called "twice exceptional." Parent enrolled Student at Aveson Global Leadership Academy, a charter school in Altadena, for the 2017-2018 school year. From the very first weeks of school, Student exhibited significant behavioral challenges: screaming profanities at teachers, physically grabbing and kicking staff, crying, and melting down during class. Despite these escalating incidents from September 2017 onward, Aveson did not provide Parent with a written assessment plan until December 1, 2017 — more than a month after Parent formally requested one in writing on November 1, 2017, and well past the 15-day legal deadline. The initial IEP meeting was not completed until April 19, 2018, roughly two months later than it should have been.

When Aveson did finally hold IEP meetings (April 19, 2018 and June 19, 2018), it offered Student a behavior intervention plan but never included services from a board certified behavior analyst (BCBA) in either IEP — even though its own BCBA had developed the behavior plan and recommended consultation services, and its own staff acknowledged that Student's behaviors were blocking her access to education. Parent ultimately placed Student at Stem 3, a private non-public school serving twice-exceptional students, at the start of the 2018-2019 school year, and sought reimbursement. Aveson also filed its own case seeking permission to implement a November 5, 2018 IEP without parental consent.

What the District Did Wrong

The ALJ found Aveson violated its child find obligations by failing to identify Student as potentially eligible for special education quickly enough given the frequency and severity of her behavioral incidents beginning in September 2017. Aveson should have provided Parent with an assessment plan by November 16, 2017 (15 days after Parent's written request) and completed the initial IEP by approximately February 3, 2018. Instead, it delayed until April 2018 — denying Student special education services for approximately 63 school days.

More critically, both the April 19, 2018 and June 19, 2018 IEPs included a behavior intervention plan that explicitly called for implementation by a BCBA, but Aveson never offered BCBA services in either IEP. Aveson's own experts testified that Student needed behavioral services and that the behavior plan required BCBA involvement to be effective. The omission was fatal to both IEP offers.

Aveson's November 5, 2018 IEP also failed to constitute a FAPE because, while it finally added BCBA services, Aveson had no updated information from Student's teachers at Stem 3 and therefore could not accurately determine what level of related services Student actually needed at that point. The ALJ denied Aveson's request to implement that IEP over Parent's objection.

The ALJ ruled in Aveson's favor on the adequacy of its individual assessments (speech-language, functional behavior, psycho-educational, and OT), finding they used appropriate tools and qualified assessors. The ALJ also found that general education placement — not a non-public school — was the correct least restrictive environment for Student.

What Was Ordered

1. Aveson shall reimburse Parents $30,613.36 for eight months of tuition at Stem 3 for the 2018-2019 school year ($3,826.67/month × 8 months).
2. Aveson shall reimburse Parents $2,000 for eight therapy sessions and one IEP meeting attendance with Student's private therapist, Dr. Hasse.
3. Aveson shall reimburse Parents for mileage (two round-trips, 84 miles/day) to and from Stem 3 for eight months, calculated at the IRS rate from September 2018 through May 2019. Parents must provide mileage calculations and attendance records within 45 days.
4. Aveson's request to implement the November 5, 2018 IEP without parental consent was denied.
5. All other requests for relief were denied.

Why This Matters for Parents

1. Put your assessment request in writing and track the 15-day deadline. California law requires a school to provide an assessment plan within 15 days of a written parental request. If the school misses that deadline, it is a FAPE violation — even if the school eventually conducts a good assessment. Keep a copy of every request you send, with the date.

2. If your child's IEP includes a behavior intervention plan, check whether it also includes BCBA services. A behavior plan without the behavioral specialist needed to implement it is legally incomplete. In this case, Aveson's own experts said the plan required BCBA involvement — but Aveson still failed to write those services into the IEP. If your child's behavior plan names a specific type of specialist, make sure that specialist's services are explicitly included in the IEP's service grid.

3. Schools have an independent duty to identify students who may need special education — you don't have to wait for the school to act. Aveson's "child find" obligation meant it should have moved toward assessment once Student's serious behavioral incidents began in September 2017, even before Parent's formal November request. If your child is showing significant challenges at school, you can request an assessment in writing immediately and reference the school's child find duties.

4. Private school reimbursement does not require the private school to be the least restrictive environment. The ALJ found that Stem 3 was not the least restrictive environment and would not have been an appropriate FAPE — but still ordered Aveson to pay for it as a compensatory remedy because Aveson had denied Student a FAPE. What mattered was that Student received educational benefit at Stem 3. Give written notice to the district at least 10 business days before placing your child privately, or the reimbursement amount may be reduced.