District Wins Right to Assess Autistic 4-Year-Old After Parent Misses 23 Appointments

Anaheim Elementary School District filed for due process after a parent repeatedly failed to bring their 4-year-old autistic child to any of 23 scheduled assessment appointments over several months. The ALJ ruled that the district had properly followed all IDEA procedures and was entitled to assess the student without parental consent. The district was also not required to offer special education services until the parent cooperated with the assessment process.

What Happened

Student was a four-year-old boy with a diagnosis of autism spectrum disorder from Orange County Mental Health. He was not enrolled in any school and participated in a homeschool preschool program. In January 2019, Father contacted Anaheim Elementary School District and formally requested a special education assessment for Student. The district responded quickly, preparing an assessment plan within five days and meeting all legal requirements — the plan was written in plain English, explained every area to be assessed, and made clear that no services would begin without parental consent. Father signed the assessment plan on January 15, 2019.

What followed was an extended pattern of missed appointments. Between January and April 2019, the district proposed 23 separate assessment appointments and sent seven different scheduling attempts to accommodate the family's stated needs, including afternoon-only time slots. Student did not appear for a single appointment. Father gave various reasons — a sibling's medical appointment, Mother's hospitalization, Student's ear bleeding, a family member visiting, illness — but never formally revoked consent to the assessment in writing. The district ultimately filed for due process to obtain the legal authority to proceed with the assessment.

What the ALJ Found

The ALJ ruled entirely in favor of the district. The hearing officer found that Anaheim had fully complied with every procedural requirement under the IDEA. The district's child find obligation was clearly triggered: Father had personally informed Anaheim that Student lived in the district, had an autism diagnosis, and was requesting a special education assessment. Under the law, that is more than enough to require the district to assess.

The ALJ found that Father's repeated failure to bring Student to any of the 23 scheduled appointments effectively amounted to a refusal to participate in the assessment process — even though Parents never formally revoked consent in writing. The hearing officer noted that Parents had never objected to the assessments themselves, only to the scheduling, and had never explained why Student should not be assessed.

On the one issue where the district did not fully prevail: the ALJ ruled that the district's school nurse could not conduct a physical examination of Student. Father had invoked his right under California Education Code section 49451 to exempt Student from physical examinations, and the district offered no evidence that this exemption did not apply to special education assessments. This narrow finding went in the parent's favor, but it did not change the overall outcome.

What Was Ordered

The district is entitled to assess Student according to the January 14, 2019 assessment plan without parental consent — with the exception that the school nurse may not conduct a physical examination.
The district must notify Parents within 10 business days of the decision with new assessment dates, times, and locations.
Parents must bring Student to assessments on the days and times provided by the district.
Parents must return any documents reasonably requested by the district as part of the assessment — including rating scales, hearing and vision results, and the Orange County Mental Health report — within five business days of any request.
If Parents do not cooperate with the assessment schedule or fail to produce requested documents, the district is not required to make a FAPE offer or convene an IEP team meeting.

Why This Matters for Parents

Signing an assessment plan starts the clock — and missing appointments has real consequences. Once a parent signs a district's assessment plan, the district has 60 days to complete the evaluation. If a parent repeatedly reschedules or fails to bring their child to appointments, a court or ALJ may treat that as effectively refusing consent — and the district can file for due process to force the assessment forward.
Parents cannot block an assessment of a child with a known disability. Under the IDEA's "child find" law, districts have a legal duty to identify and evaluate children with suspected disabilities who live within their boundaries. Even if your child is homeschooled or not yet school age, the district can seek a hearing to assess your child if you refuse to cooperate — and they are likely to win.
You can legally exempt your child from a physical examination — and that right applies to special education assessments too. California law (Ed. Code § 49451) allows parents to submit a written statement declining physical exams. This case confirms that exemption can extend to school nurse physical exams conducted as part of a special education assessment, as long as the parent has properly invoked it.
If you have concerns about an assessment, raise them in writing before signing — not after. Father waited until after filing to raise objections about wanting a meeting to discuss the benefits of special education before assessment. The ALJ did not credit this because Father had previously told the district he did not need such a meeting. If you have genuine concerns, communicate them clearly and in writing at the time the assessment plan is presented.

What Happened

What the ALJ Found

What Was Ordered

The district is entitled to assess Student according to the January 14, 2019 assessment plan without parental consent — with the exception that the school nurse may not conduct a physical examination.
The district must notify Parents within 10 business days of the decision with new assessment dates, times, and locations.
Parents must bring Student to assessments on the days and times provided by the district.
Parents must return any documents reasonably requested by the district as part of the assessment — including rating scales, hearing and vision results, and the Orange County Mental Health report — within five business days of any request.
If Parents do not cooperate with the assessment schedule or fail to produce requested documents, the district is not required to make a FAPE offer or convene an IEP team meeting.

Why This Matters for Parents

Signing an assessment plan starts the clock — and missing appointments has real consequences. Once a parent signs a district's assessment plan, the district has 60 days to complete the evaluation. If a parent repeatedly reschedules or fails to bring their child to appointments, a court or ALJ may treat that as effectively refusing consent — and the district can file for due process to force the assessment forward.
Parents cannot block an assessment of a child with a known disability. Under the IDEA's "child find" law, districts have a legal duty to identify and evaluate children with suspected disabilities who live within their boundaries. Even if your child is homeschooled or not yet school age, the district can seek a hearing to assess your child if you refuse to cooperate — and they are likely to win.
You can legally exempt your child from a physical examination — and that right applies to special education assessments too. California law (Ed. Code § 49451) allows parents to submit a written statement declining physical exams. This case confirms that exemption can extend to school nurse physical exams conducted as part of a special education assessment, as long as the parent has properly invoked it.
If you have concerns about an assessment, raise them in writing before signing — not after. Father waited until after filing to raise objections about wanting a meeting to discuss the benefits of special education before assessment. The ALJ did not credit this because Father had previously told the district he did not need such a meeting. If you have genuine concerns, communicate them clearly and in writing at the time the assessment plan is presented.