Long Beach USD Failed to Implement IEP After Not Seeking Parent's Written Consent

A parent filed for due process against Long Beach Unified School District after the district developed an IEP for her child — a fifth grader with emotional and behavioral needs — but then provided no special education services for nearly the entire school year because the parent had not signed the IEP. The ALJ found the district violated the IDEA by failing to make reasonable efforts to obtain the parent's written consent to the IEP, and then compounded the error by misreading the parent's partial consent on the amended IEP. The student was awarded compensatory education in math, writing, behavior intervention, and counseling.

What Happened

Student was an 11-year-old with significant emotional and behavioral needs who had experienced childhood trauma, abuse, and neglect before being placed with a guardian (Parent) through the foster care system. During the 2017-2018 school year, Student was hospitalized after a mental health crisis and subsequently received wraparound mental health services. At the start of the 2018-2019 school year, Student's behaviors escalated dramatically — including tantrums, emotional outbursts, and difficulty functioning in a general education classroom. Parent requested a special education assessment in September 2018, the district completed the assessment, and on November 2, 2018, the district held an IEP team meeting and developed Student's first IEP. The IEP offered a special day class placement at a different school.

Parent did not sign the November 2, 2018 IEP, in part because she disagreed with the placement and wanted a one-to-one aide in a general education setting instead. The district held a second IEP meeting in May 2019 to amend the IEP, and Parent signed the consent form — but with a handwritten note saying she agreed only to the goals and accommodations, and was requesting mental health services and a one-to-one aide. The district interpreted this as a refusal to consent to special education services entirely, and again provided Student with no special education services. As a result, Student went through essentially the entire 2018-2019 school year — and into the 2019-2020 school year — without receiving any of the special education services he needed.

What the District Did Wrong

The ALJ found that Long Beach Unified committed a significant procedural violation by failing to make "reasonable efforts" to obtain Parent's written consent to the November 2, 2018 IEP. Under federal law, when a parent does not sign an initial IEP, the district is required to document its attempts to get consent — through records of phone calls, letters, and home visits. The district offered no documentation of any such efforts during the months between November 2018 and May 2019, even though Parent was frequently present on campus. Because the district could not show it made reasonable efforts, it could not rely on the legal protection that excuses a district from providing FAPE when a parent refuses consent. The district's inaction left Student without any special education services for the bulk of the school year.

The district made a second, independent error in May 2019. When Parent signed the amended IEP with her handwritten notation consenting to goals and accommodations and requesting additional services, the district wrongly treated this as a refusal to consent to special education altogether. The ALJ found this interpretation was clearly wrong — Parent's statement expressed partial agreement and a request for more services, not a blanket rejection. By refusing to implement even the portions of the IEP Parent had agreed to, the district again denied Student a FAPE. The ALJ noted that accepting the district's position would effectively punish parents for exercising their right to disagree with parts of an IEP.

The ALJ ruled in the district's favor on all other issues: child find during the 2017-2018 school year, the adequacy of the psychoeducational assessment, the appropriateness of the IEP's goals and services, the offered placement, and the prior written notice claim.

What Was Ordered

Within 15 days of the decision, Long Beach Unified must provide Parent an assessment plan for a new psychoeducational assessment (including ADHD), a functional behavior assessment, and a mental health services assessment.
The district must complete all assessments and hold an IEP team meeting within 60 days of receiving Parent's signed consent.
While assessments are pending, the district must provide 30 minutes per week of individual school-based counseling to Student.
The district must provide 41 hours of one-to-one specialized academic instruction in math through a certified nonpublic agency, to be used by December 31, 2021.
The district must provide 41 hours of one-to-one specialized academic instruction in writing through a certified nonpublic agency, to be used by December 31, 2021.
The district must provide 41 hours of one-to-one behavior intervention services through a certified nonpublic agency, to be used by December 21, 2021.
The district must provide 8 hours of behavior supervision by a board-certified behavior analyst from a certified nonpublic agency, to be used by December 21, 2021.
Transportation reimbursement (up to 50 miles round-trip) is included for any services held outside the home.
All other relief requested by Student was denied.

Why This Matters for Parents

If your child's first IEP is developed but you don't sign it, the district cannot simply do nothing — it must actively try to get your consent. Federal law requires the district to document its efforts to obtain your written consent through phone calls, letters, and visits. If it fails to do so, it cannot later claim it was legally excused from providing services.
You have the right to consent to parts of an IEP without losing your child's special education rights entirely. This case makes clear that a parent who agrees with some parts of an IEP (like goals and accommodations) but disagrees with others (like placement) is still consenting to special education services. A district that treats partial disagreement as full refusal is acting unlawfully.
Keep your own written record of every IEP meeting. Parent's testimony in this case was undermined because she had no documentation to back up her account of what was said at the IEP meetings. Bring a trusted advocate, take notes, and attach written objections to the IEP document itself.
Compensatory education is calculated based on the time a student went without services. The ALJ used the number of weeks of the school year that passed after the IEP was developed (41 weeks total) to calculate how many compensatory hours Student was owed. If your child is denied services for a period of time, that time period matters when seeking make-up services.

What Happened

What the District Did Wrong

What Was Ordered

Within 15 days of the decision, Long Beach Unified must provide Parent an assessment plan for a new psychoeducational assessment (including ADHD), a functional behavior assessment, and a mental health services assessment.
The district must complete all assessments and hold an IEP team meeting within 60 days of receiving Parent's signed consent.
While assessments are pending, the district must provide 30 minutes per week of individual school-based counseling to Student.
The district must provide 41 hours of one-to-one specialized academic instruction in math through a certified nonpublic agency, to be used by December 31, 2021.
The district must provide 41 hours of one-to-one specialized academic instruction in writing through a certified nonpublic agency, to be used by December 31, 2021.
The district must provide 41 hours of one-to-one behavior intervention services through a certified nonpublic agency, to be used by December 21, 2021.
The district must provide 8 hours of behavior supervision by a board-certified behavior analyst from a certified nonpublic agency, to be used by December 21, 2021.
Transportation reimbursement (up to 50 miles round-trip) is included for any services held outside the home.
All other relief requested by Student was denied.

Why This Matters for Parents

If your child's first IEP is developed but you don't sign it, the district cannot simply do nothing — it must actively try to get your consent. Federal law requires the district to document its efforts to obtain your written consent through phone calls, letters, and visits. If it fails to do so, it cannot later claim it was legally excused from providing services.
You have the right to consent to parts of an IEP without losing your child's special education rights entirely. This case makes clear that a parent who agrees with some parts of an IEP (like goals and accommodations) but disagrees with others (like placement) is still consenting to special education services. A district that treats partial disagreement as full refusal is acting unlawfully.
Keep your own written record of every IEP meeting. Parent's testimony in this case was undermined because she had no documentation to back up her account of what was said at the IEP meetings. Bring a trusted advocate, take notes, and attach written objections to the IEP document itself.
Compensatory education is calculated based on the time a student went without services. The ALJ used the number of weeks of the school year that passed after the IEP was developed (41 weeks total) to calculate how many compensatory hours Student was owed. If your child is denied services for a period of time, that time period matters when seeking make-up services.