Charter School Wins Right to Assess Student Over Parent's Objection

Trivium Charter School filed a due process hearing to override a parent's refusal to consent to a triennial special education reassessment of a 16-year-old student with PANDAS, Tourette's Syndrome, anxiety, and OCD. The ALJ ruled that the charter school had the legal right to conduct the reassessment without parental consent, finding the assessment plan was legally compliant and the proposed assessors were qualified. Parent was ordered to present Student for assessment or risk losing special education services.

What Happened

Student was a 16-year-old tenth grader enrolled at Trivium Charter School, an independent study charter school in Santa Barbara, California. Student had been diagnosed with PANDAS (Pediatric Autoimmune Neuropsychiatric Disorder associated with Streptococcus), Tourette's Syndrome, Generalized Anxiety Disorder, and Obsessive Compulsive Disorder, and was eligible for special education under the category of other health impairment. Student attended school with her mother present and a service dog. Despite significant struggles in prior years — including very low attendance and incomplete coursework — Student had made remarkable progress in tenth grade, attending nearly every day and performing at the top of her class academically.

Trivium's last comprehensive assessment of Student had been conducted in February 2017. By late 2019, the three-year triennial reassessment window was approaching. On November 14, 2019, Trivium provided Parent with a formal assessment plan covering six areas: academic achievement, health, intellectual development, motor development, social-emotional and mental health needs, and post-secondary transition planning. Parent refused to consent. Parent argued that Trivium's staff lacked expertise in PANDAS and would misdiagnose Student, that Student's doctors and private providers should have been included in developing the plan, and that the proposed assessments were retaliatory for complaints Parent had filed with the California Department of Education. When Parent did not respond to the corrected assessment plan, Trivium filed a due process hearing request to obtain authorization to assess Student without parental consent.

What the ALJ Found

The ALJ ruled entirely in Trivium's favor, finding that the school had the legal right to conduct the triennial reassessment without Parent's consent.

The assessment was legally required and educationally warranted. Under federal and state law, a school must reassess a student at least once every three years unless the parent and school agree in writing that reassessment is unnecessary. No such agreement existed here. Multiple Trivium staff members, including the school psychologist and general education teacher, provided credible testimony that reassessment was needed — Student's condition had changed significantly, IEP team members disagreed about the level of services required, a mental health assessment had never been conducted, and transition planning was legally required now that Student had turned 16.

The assessment plan met all legal requirements. The ALJ found that Trivium's November 14, 2019 assessment plan was written in plain English, explained all proposed areas of assessment, noted that no IEP would result without parental consent, and gave Parent the required 15-day review period. The plan was procedurally compliant.

Parents cannot choose or veto assessors, or place conditions on assessments. The ALJ rejected Parent's argument that Trivium's assessors were unqualified. A credentialed school psychologist with over 20 years of experience was assigned for psychological and mental health components; a credentialed special education teacher with nine years of experience was assigned for academic and transition components. The law allows the school — not the parent — to select assessors, as long as those assessors meet credentialing requirements. The ALJ also found that parents cannot impose conditions on how assessments are conducted. Concerns about timed tests, paper use, or scheduling during instructional time do not give a parent the legal right to withhold consent.

Trivium was not entitled to force Parent to sign medical releases. Although Trivium also requested an order requiring Parent to sign releases of information for Student's private doctors, the ALJ denied this request. The releases were not part of the November 14, 2019 assessment plan, and no legal authority supported compelling a parent to sign broad medical releases as a condition of receiving special education services. However, the ALJ did order that if Parent voluntarily provides Trivium with records from Student's private providers, Parent must allow Trivium to communicate directly with the authors of those records — or Trivium is not required to consider them.

What Was Ordered

Trivium is authorized to assess Student according to the November 14, 2019 assessment plan without Parent's consent.
Trivium must notify Parent within 10 business days of the dates, times, and locations for the assessments, and Parent must cooperate in presenting Student for assessment.
If Student is medically unable to attend on a proposed date, Parent must provide written documentation from a qualified medical provider explaining the specific reason, and must allow Trivium to communicate with that provider about Student's condition.
If Parent does not cooperate with the reassessments, Trivium is not obligated to provide special education and related services to Student until Parent complies.
Trivium's request for an order requiring Parent to sign medical information releases was denied.

Why This Matters for Parents

Schools have the legal right to conduct triennial reassessments — parents cannot simply refuse. If three years have passed since the last comprehensive assessment, the school is entitled to reassess your child. The only way to avoid reassessment is a mutual written agreement with the school that it is unnecessary. Withholding consent does not end the matter — the school can go to a due process hearing and obtain an order to assess without your signature.
You cannot choose your child's assessors, but they must be credentialed. The law allows the school to select who conducts the assessment. However, assessors must hold the appropriate credentials — a credentialed school psychologist for psychological evaluations, a credentialed school nurse for health assessments. If you believe an assigned assessor is unqualified, document your concerns in writing and raise them at the IEP meeting; you cannot use this concern alone to block the assessment.
Placing conditions on an assessment — like requiring doctors to be present or banning certain test formats — is not legally recognized. Courts have found that parental conditions on assessments can undermine the school's rights under the IDEA. If you have concerns about how the assessment will affect your child (for example, due to anxiety or a medical condition), share those concerns in writing with the IEP team so they can use professional judgment — but know that the school is not legally required to accept your conditions.
If you share private medical records with the school, you may be waiving confidentiality for those records. The ALJ found that if Parent voluntarily provides doctor's letters or medical records to Trivium as part of the assessment process, Trivium has the right to communicate directly with those providers. Be strategic and intentional about what records you share and when — and consult with an advocate or attorney before doing so.

What Happened

What the ALJ Found

The ALJ ruled entirely in Trivium's favor, finding that the school had the legal right to conduct the triennial reassessment without Parent's consent.

What Was Ordered

Trivium is authorized to assess Student according to the November 14, 2019 assessment plan without Parent's consent.
Trivium must notify Parent within 10 business days of the dates, times, and locations for the assessments, and Parent must cooperate in presenting Student for assessment.
If Student is medically unable to attend on a proposed date, Parent must provide written documentation from a qualified medical provider explaining the specific reason, and must allow Trivium to communicate with that provider about Student's condition.
If Parent does not cooperate with the reassessments, Trivium is not obligated to provide special education and related services to Student until Parent complies.
Trivium's request for an order requiring Parent to sign medical information releases was denied.

Why This Matters for Parents

Schools have the legal right to conduct triennial reassessments — parents cannot simply refuse. If three years have passed since the last comprehensive assessment, the school is entitled to reassess your child. The only way to avoid reassessment is a mutual written agreement with the school that it is unnecessary. Withholding consent does not end the matter — the school can go to a due process hearing and obtain an order to assess without your signature.
You cannot choose your child's assessors, but they must be credentialed. The law allows the school to select who conducts the assessment. However, assessors must hold the appropriate credentials — a credentialed school psychologist for psychological evaluations, a credentialed school nurse for health assessments. If you believe an assigned assessor is unqualified, document your concerns in writing and raise them at the IEP meeting; you cannot use this concern alone to block the assessment.
Placing conditions on an assessment — like requiring doctors to be present or banning certain test formats — is not legally recognized. Courts have found that parental conditions on assessments can undermine the school's rights under the IDEA. If you have concerns about how the assessment will affect your child (for example, due to anxiety or a medical condition), share those concerns in writing with the IEP team so they can use professional judgment — but know that the school is not legally required to accept your conditions.
If you share private medical records with the school, you may be waiving confidentiality for those records. The ALJ found that if Parent voluntarily provides doctor's letters or medical records to Trivium as part of the assessment process, Trivium has the right to communicate directly with those providers. Be strategic and intentional about what records you share and when — and consult with an advocate or attorney before doing so.