Garvey School District Wins Right to Exit Student from Special Ed Without Parent Consent

Garvey School District filed for due process seeking to exit a six-year-old student with prior eligibility for autism and speech-language impairment from special education without parental consent. After conducting reassessments in 2018 and funding an independent evaluation in 2019, the district determined the student no longer qualified for special education under either category. The ALJ ruled in the district's favor, finding the assessments were appropriate and the student no longer needed special education services to access his education.

What Happened

Student was a six-year-old kindergartener who had been found eligible for special education in 2017 under two categories: autism spectrum disorder and speech and language impairment. The district had originally offered a special day preschool class along with speech and language services, but Parent did not consent to that placement. Student instead attended a Head Start preschool program with speech services.

When Student transitioned to kindergarten, Garvey conducted reassessments in August 2018, covering both psychoeducational (autism-related) and speech and language areas. The IEP team met in September 2018 and concluded Student was no longer eligible for special education under either category. Parent disagreed and did not consent to the exit. Parent then exercised their right to an Independent Educational Evaluation (IEE), which Garvey agreed to fund. The independent evaluator, a licensed psychologist, completed her evaluation in May 2019. After reviewing her report at a September 2019 IEP meeting, the district again concluded Student no longer qualified and sought to formally exit him from special education. Because Parent still refused to consent, Garvey filed for due process to get legal authority to remove Student from special education.

What the ALJ Found

The ALJ ruled entirely in favor of Garvey, finding that the district's assessments were thorough, appropriate, and legally compliant. The school psychologist who conducted the autism assessment observed Student in multiple settings, administered a battery of standardized tests, and found no behaviors characteristic of autism. Student interacted appropriately with peers and adults, engaged in imaginative play, and performed in the low-average to average range academically. The district's speech and language assessments similarly showed Student performing in the average range — and even above average in areas like grammar and morphology — despite being exposed to multiple languages (Cantonese, English, Mandarin, and Spanish) at home and school.

The independent psychologist agreed that Student no longer met the criteria for autism. She did express some concern about Student's language and recommended continued speech services, but the ALJ gave this recommendation little weight because she was not a licensed speech-language pathologist, acknowledged she was not an expert in speech and language, and was uncertain whether Student's language patterns were due to being an English learner or an actual disorder. The district's own qualified speech pathologists — who worked directly with Student throughout the school year — uniformly concluded he no longer needed services. By the time of the hearing, Student was thriving in a bilingual English/Mandarin immersion kindergarten, also attending an after-school Spanish program, and earning average to high-average marks. His teachers reported he expressed himself clearly and was meeting all grade-level expectations without any special education support.

What Was Ordered

Garvey School District is permitted to exit Student from special education and related services without parental consent.

Why This Matters for Parents

Disagreeing with a district's exit decision is your right, but you must back it up with evidence. When a district proposes to end your child's eligibility, you can refuse to consent and request an IEE — as this parent did. However, if the case goes to a hearing, you will need more than disagreement. The parent here did not present credible evidence or expert testimony to challenge the district's assessments, and the ALJ noted that absence explicitly.
An IEE evaluator's recommendations carry more weight when they are experts in the specific area of concern. The independent psychologist in this case recommended continued speech therapy, but she admitted she was not a speech-language expert and was uncertain about her own conclusion. This undermined her recommendation. If you pursue an IEE, make sure the evaluator's credentials match the disability category in question.
Real-world performance in the classroom matters. The ALJ placed significant weight on teacher observations and report cards showing Student succeeding at grade level without support. If your child is struggling in the general education classroom, document that — it is powerful evidence that special education services are still needed.
A district can file for due process too. Most parents think of due process as something they initiate. This case is a reminder that districts can also file — particularly when they believe a student is no longer eligible but the parent won't consent to an exit. If you find yourself in this situation, consult a special education advocate or attorney promptly.

What Happened

What the ALJ Found

What Was Ordered

Garvey School District is permitted to exit Student from special education and related services without parental consent.

Why This Matters for Parents

Disagreeing with a district's exit decision is your right, but you must back it up with evidence. When a district proposes to end your child's eligibility, you can refuse to consent and request an IEE — as this parent did. However, if the case goes to a hearing, you will need more than disagreement. The parent here did not present credible evidence or expert testimony to challenge the district's assessments, and the ALJ noted that absence explicitly.
An IEE evaluator's recommendations carry more weight when they are experts in the specific area of concern. The independent psychologist in this case recommended continued speech therapy, but she admitted she was not a speech-language expert and was uncertain about her own conclusion. This undermined her recommendation. If you pursue an IEE, make sure the evaluator's credentials match the disability category in question.
Real-world performance in the classroom matters. The ALJ placed significant weight on teacher observations and report cards showing Student succeeding at grade level without support. If your child is struggling in the general education classroom, document that — it is powerful evidence that special education services are still needed.
A district can file for due process too. Most parents think of due process as something they initiate. This case is a reminder that districts can also file — particularly when they believe a student is no longer eligible but the parent won't consent to an exit. If you find yourself in this situation, consult a special education advocate or attorney promptly.