District Wins Right to Assess Student Over Parent's Refusal and Pandemic Objections

Soledad Unified School District filed for due process after a parent refused to make her 13-year-old daughter available for court-ordered triennial cognitive and social-emotional assessments. The parent cited COVID-19 concerns and distrust of district assessors, but the ALJ ruled that the district had every legal right to conduct the assessments. The parent was ordered to make her child available or risk losing special education services.

What Happened

A 13-year-old eighth grader in Soledad Unified School District was eligible for special education under the categories of specific learning disability and speech or language impairment. The district's last full assessment of the student had been conducted in December 2016, making her triennial reassessment overdue as of December 2019. On January 10, 2020, the parent signed an assessment plan consenting to reassessments in six areas, including cognitive ability and social-emotional development. However, the parent subsequently refused to make her daughter available for the cognitive and social-emotional portions of the assessment. The district completed four of the six planned assessments but could not finish the triennial review or update the student's IEP without the remaining two.

The parent raised several objections: she feared COVID-19 health risks from in-person testing, claimed district staff had been disrespectful, and expressed general distrust of district assessors. She also argued she was entitled to "waive" the triennial assessments because of the pandemic. The district made repeated attempts to work around her concerns — offering outdoor assessment locations, personal protective equipment, and online assessments through a contracted provider called Presence Learning — but the parent declined each accommodation and repeatedly agreed to schedule sessions at IEP meetings only to cancel or fail to follow through. The student had attended only 12.5 percent of school days in the 2020–2021 school year, and her doctor had diagnosed her with anxiety and post-traumatic stress disorder, further underscoring the need for a current social-emotional assessment.

What the ALJ Found

The ALJ ruled entirely in favor of Soledad Unified School District, finding that the district had both the legal obligation and the legal right to complete the triennial assessments. Key findings included:

Triennial assessment was legally required and overdue. Federal and California law require school districts to reassess eligible students at least once every three years. The student's last assessment was in 2016, making reassessment mandatory regardless of parental preference.
The parent had already consented. The parent signed the January 10, 2020 assessment plan after it was explained to her in her native language at her own dining room table. That signed consent was legally valid.
COVID-19 did not excuse the parent's refusal. The U.S. Department of Education did not waive triennial assessment requirements during the pandemic. The California Department of Education confirmed this in September 2020 guidance. The district also offered multiple safe alternatives that the parent declined.
Parents cannot place conditions on assessments. Courts have consistently held that parents may not impose conditions that interfere with a district's ability to conduct legally required assessments. The parent's demands — including distrust of specific assessors and unnamed conditions — were not legally permissible.
Social-emotional assessment was independently warranted. Because the student had been diagnosed with anxiety and PTSD since her last assessment, and because her school attendance had dropped to 12.5 percent, the district had independent legal grounds to suspect a disability in social-emotional functioning and was required to assess in that area.
The proposed assessors were qualified. The district's school psychologist held appropriate credentials, training in trauma-informed assessment practices, and experience with culturally diverse students. The alternative Presence Learning assessors were similarly qualified. Parents do not have the right to choose who conducts a special education assessment.

What Was Ordered

Soledad Unified School District is entitled to assess the student in the areas of social-emotional functioning and cognitive ability, pursuant to the January 10, 2020 assessment plan, without needing new parental consent and without any limitations or conditions imposed by the parent.
The district must notify the parent within 10 business days of the decision with the specific dates, times, and locations for the assessments, and the parent must reasonably cooperate with those scheduled sessions.
If the parent does not cooperate with the assessments, the district is no longer obligated to provide special education and related services to the student until the parent complies with the order.
All other requests for relief were denied.

Why This Matters for Parents

Signing an assessment plan is a serious commitment. Once you sign a district assessment plan, you have given legal consent. If you have concerns about specific assessors, testing methods, or health and safety conditions, raise them before you sign — or ask for an IEP meeting to discuss them first.
The COVID-19 pandemic did not suspend assessment deadlines. Federal and state agencies confirmed that triennial assessment requirements remained in effect during school closures and distance learning. If you have health concerns, ask the district for safe accommodations (such as outdoor settings or remote options) rather than refusing outright.
You cannot veto your child's assessors or place unlimited conditions on testing. Federal law gives districts the authority to choose qualified assessors. You can raise concerns about qualifications or cultural competency, but you cannot simply demand different assessors or attach conditions that make assessment impossible.
Refusing assessments can cost your child their special education services. Courts have held — and this ALJ confirmed — that if you want your child to receive special education, you must allow the district to evaluate them. A refusal can legally result in the district stopping services entirely.
If you distrust the district's assessment, ask for an Independent Educational Evaluation (IEE). Rather than blocking district assessments, parents have the right to request an IEE at district expense after reviewing the results of a district assessment. This is a far stronger legal strategy than refusing to allow the assessment in the first place.

What Happened

What the ALJ Found

Triennial assessment was legally required and overdue. Federal and California law require school districts to reassess eligible students at least once every three years. The student's last assessment was in 2016, making reassessment mandatory regardless of parental preference.
The parent had already consented. The parent signed the January 10, 2020 assessment plan after it was explained to her in her native language at her own dining room table. That signed consent was legally valid.
COVID-19 did not excuse the parent's refusal. The U.S. Department of Education did not waive triennial assessment requirements during the pandemic. The California Department of Education confirmed this in September 2020 guidance. The district also offered multiple safe alternatives that the parent declined.
Parents cannot place conditions on assessments. Courts have consistently held that parents may not impose conditions that interfere with a district's ability to conduct legally required assessments. The parent's demands — including distrust of specific assessors and unnamed conditions — were not legally permissible.
Social-emotional assessment was independently warranted. Because the student had been diagnosed with anxiety and PTSD since her last assessment, and because her school attendance had dropped to 12.5 percent, the district had independent legal grounds to suspect a disability in social-emotional functioning and was required to assess in that area.
The proposed assessors were qualified. The district's school psychologist held appropriate credentials, training in trauma-informed assessment practices, and experience with culturally diverse students. The alternative Presence Learning assessors were similarly qualified. Parents do not have the right to choose who conducts a special education assessment.

What Was Ordered

Soledad Unified School District is entitled to assess the student in the areas of social-emotional functioning and cognitive ability, pursuant to the January 10, 2020 assessment plan, without needing new parental consent and without any limitations or conditions imposed by the parent.
The district must notify the parent within 10 business days of the decision with the specific dates, times, and locations for the assessments, and the parent must reasonably cooperate with those scheduled sessions.
If the parent does not cooperate with the assessments, the district is no longer obligated to provide special education and related services to the student until the parent complies with the order.
All other requests for relief were denied.

Why This Matters for Parents

Signing an assessment plan is a serious commitment. Once you sign a district assessment plan, you have given legal consent. If you have concerns about specific assessors, testing methods, or health and safety conditions, raise them before you sign — or ask for an IEP meeting to discuss them first.
The COVID-19 pandemic did not suspend assessment deadlines. Federal and state agencies confirmed that triennial assessment requirements remained in effect during school closures and distance learning. If you have health concerns, ask the district for safe accommodations (such as outdoor settings or remote options) rather than refusing outright.
You cannot veto your child's assessors or place unlimited conditions on testing. Federal law gives districts the authority to choose qualified assessors. You can raise concerns about qualifications or cultural competency, but you cannot simply demand different assessors or attach conditions that make assessment impossible.
Refusing assessments can cost your child their special education services. Courts have held — and this ALJ confirmed — that if you want your child to receive special education, you must allow the district to evaluate them. A refusal can legally result in the district stopping services entirely.
If you distrust the district's assessment, ask for an Independent Educational Evaluation (IEE). Rather than blocking district assessments, parents have the right to request an IEE at district expense after reviewing the results of a district assessment. This is a far stronger legal strategy than refusing to allow the assessment in the first place.