District Wins Right to Assess Student With Autism Over Parent's Refusal

Round Valley Unified School District filed for due process after parents refused to consent to a mandatory triennial reassessment of their 12-year-old son with autism and a speech-language disorder. The student had not attended school in three years. ALJ Deborah Myers-Cregar ruled in the district's favor, authorizing the assessments to proceed without parental consent and ordering parents to make Student available for evaluation.

What Happened

Student was 12 years old at the time of the hearing and had been eligible for special education since 2014, based on autism and a speech-language disorder. He also had an intellectual disability and significant delays in communication, adaptive behavior, and daily living skills. Student stopped talking at age two and a half following a traumatic injury and could only produce one- or two-word phrases with prompting. He required assistance with toileting and needed maximum support throughout the school day.

In August 2018, Parents withdrew Student from school after his preferred educational aide took a different position within the district. Student did not attend school at all during the 2018–2019 school year, attended only 19 days during 2019–2020, and was absent the entire 2020–2021 school year. In February 2020, Round Valley Unified School District sent Parents a triennial reassessment plan — required by law every three years — covering academic achievement, intellectual development, health, speech and language, motor development, social-emotional development, and adaptive behavior. Parents received the plan but never signed and returned it. The district made repeated attempts to obtain consent over the following year, including certified mail, FedEx delivery, text messages, and a direct phone call from the ALJ herself on the original hearing date. Parents did not participate in any of it.

What the ALJ Found

Because the district filed this case (not the parents), the ALJ's findings focused on whether Round Valley was legally entitled to override the parents' refusal and conduct the reassessment without their consent. The ALJ found that the district met every legal requirement to do so.

The ALJ found that Round Valley provided proper notice of the assessment plan in English — the parents' native language — in plain language, and with a full copy of the parents' procedural rights. The plan explained exactly what would be assessed and who would conduct each evaluation. The district gave Parents more than 15 days to respond before filing for due process — in fact, it waited nearly a full year before filing. The ALJ also found the district made reasonable and documented efforts to obtain consent, including certified mail, a FedEx delivery with a letter offering to dismiss the case if parents simply signed the plan, multiple text messages from the special education director, and even a real-time phone call from the ALJ during the original hearing date.

The ALJ further found that the reassessment was both legally required and educationally necessary. Student had not been in school for three years, meaning the district had no current data — no classroom logs, no report cards, no progress notes — to assess his needs or develop an appropriate IEP. Without updated assessments, the district could not determine whether Student was still eligible for special education or what services he needed.

The ALJ denied the district's additional request for an order relieving it of responsibility if parents refused to comply. The ALJ ruled it would be premature to issue a ruling about what happens if parents defy the order, since Student had not filed any FAPE claims and the question of what legal consequences might follow non-compliance had not yet arisen.

What Was Ordered

Round Valley Unified School District is authorized to assess Student without parental consent, in accordance with the February 5, 2020 triennial assessment plan.
The district must notify Parents within 20 business days of the date of the decision of the specific days, times, and locations for the assessments. Parents must reasonably cooperate in presenting Student at those times.
Parents must timely complete and return any documents the district reasonably requests as part of the assessment process.

Why This Matters for Parents

Refusing to consent to a triennial reassessment does not protect your child — it puts their eligibility at risk. Under federal and state law, districts must reassess students in special education at least every three years. If parents block this process, courts have held that the student's eligibility for special education can expire. Withholding consent may ultimately result in your child losing access to the very services you are trying to protect.
Districts can go to court (or OAH) to override your refusal. If you don't sign an assessment plan, the district is not powerless. It can file for due process and obtain an order authorizing assessments without your consent — as happened here. At that point, you may be ordered to cooperate or face further legal consequences.
Not participating in the hearing does not make the problem go away. Parents in this case did not appear at the hearing, did not file any written argument, and did not respond to repeated outreach. The ALJ still ruled — and the ruling went against them. If you have concerns about an assessment plan, the hearing is your opportunity to raise them. Silence is not a strategy.
If you disagree with a proposed assessment, there are legal ways to push back. Parents have the right to request an Independent Educational Evaluation (IEE) at public expense if they disagree with a district assessment after it is conducted. They can also negotiate the scope of an assessment plan before signing. Refusing to engage entirely forfeits these options and can harm your child's legal standing.

What Happened

What the ALJ Found

What Was Ordered

Round Valley Unified School District is authorized to assess Student without parental consent, in accordance with the February 5, 2020 triennial assessment plan.
The district must notify Parents within 20 business days of the date of the decision of the specific days, times, and locations for the assessments. Parents must reasonably cooperate in presenting Student at those times.
Parents must timely complete and return any documents the district reasonably requests as part of the assessment process.

Why This Matters for Parents

Refusing to consent to a triennial reassessment does not protect your child — it puts their eligibility at risk. Under federal and state law, districts must reassess students in special education at least every three years. If parents block this process, courts have held that the student's eligibility for special education can expire. Withholding consent may ultimately result in your child losing access to the very services you are trying to protect.
Districts can go to court (or OAH) to override your refusal. If you don't sign an assessment plan, the district is not powerless. It can file for due process and obtain an order authorizing assessments without your consent — as happened here. At that point, you may be ordered to cooperate or face further legal consequences.
Not participating in the hearing does not make the problem go away. Parents in this case did not appear at the hearing, did not file any written argument, and did not respond to repeated outreach. The ALJ still ruled — and the ruling went against them. If you have concerns about an assessment plan, the hearing is your opportunity to raise them. Silence is not a strategy.
If you disagree with a proposed assessment, there are legal ways to push back. Parents have the right to request an Independent Educational Evaluation (IEE) at public expense if they disagree with a district assessment after it is conducted. They can also negotiate the scope of an assessment plan before signing. Refusing to engage entirely forfeits these options and can harm your child's legal standing.