District Wins Right to Assess Student Over Parent's Objection After Triennial Assessment Overdue

Victor Valley Union High School District filed for due process to compel a triennial reassessment of a 17-year-old student with ADHD and a specific learning disability after the parent refused to consent to the May 2021 assessment plan. The parent objected based on a 2018 school incident and concerns about Student's mental health. The ALJ ruled in the district's favor, authorizing the reassessment to proceed without parental consent.

What Happened

The student is a 17-year-old with eligibility for special education under the primary category of Other Health Impairment (due to ADHD) and a secondary category of Specific Learning Disability. The student had not attended school since March 2018, and the most recent triennial assessment had been reviewed at an IEP meeting in February 2017 — meaning a new triennial was already overdue by February 2020. Victor Valley Union High School District sent an assessment plan to the parent on May 19, 2021, via certified mail and email, along with a copy of the parent's procedural rights. The parent refused to consent, citing a 2018 incident at school, ongoing litigation related to that incident, and concerns that assessments conducted by district employees at the school site would harm the student's mental health.

Because the parent would not consent and the district needed current data to develop an appropriate IEP, Victor Valley filed for due process in July 2021 to obtain an order allowing it to assess the student without parental consent. The parent attended the first day of the two-day hearing but did not appear on the second day, citing a family emergency. The ALJ attempted to contact the parent twice by phone before proceeding. Despite the parent's absence, the ALJ considered the parent's closing brief, which had been submitted without a proof of service, given the unusual circumstances of the case.

What the ALJ Found

The ALJ found entirely in favor of the district on the sole issue before her: whether Victor Valley could assess the student pursuant to the May 19, 2021 assessment plan without parental consent. Key findings included:

Proper notice was given. The district sent the assessment plan and procedural safeguards to the parent via certified mail and email. The plan was written in plain English (the parent's native language), explained each assessment area and what it measured, identified the qualified examiners, and stated that no IEP would result without the parent's consent.
The assessment was timely and necessary. The student's last triennial was reviewed in February 2017, making a new triennial overdue by February 2020. The student had not attended school since March 2018, meaning the IEP team had no current information about the student's functioning. The ALJ found the district could not develop an appropriate IEP without updated assessment data.
Assessors were qualified. The district's school psychologist (Dr. Bevans) held a doctorate in educational psychology and had previously assessed this student in 2016. The speech-language pathologist (Habovsky) was certified and licensed, and noted that the 2016 speech evaluation had been limited in scope, making a comprehensive re-evaluation even more warranted.
The parent's objections did not constitute a legal basis to block assessment. The ALJ noted that the parent raised no specific legal objections to the plan or the assessors' qualifications. The parent's concern about the student's mental health, while understandable, did not provide a legal basis to prevent assessment — and in fact, a suspected mental health concern would support the need for assessment, not oppose it.
Reasonable efforts to obtain consent were documented. The district sent the plan via certified mail and email, waited more than 15 days, and even had a resource officer conduct a welfare check to confirm the student still lived in the district before filing for due process.
The district's request for an additional order was denied. Victor Valley asked the ALJ to also order that it would not be required to provide any special education services if the parent refused to comply with the assessment order. The ALJ denied this request, finding it was an improper request for an advisory opinion on a hypothetical situation that had not yet occurred and that it exceeded the scope of the original due process complaint.

What Was Ordered

Victor Valley Union High School District is authorized to assess the student pursuant to the May 19, 2021 assessment plan without parental consent.
The 60-day timeline to complete the assessments and hold an IEP team meeting to review the results begins on the date of the decision (October 20, 2021).
The district's request for an order suspending special education services if the parent refused to comply was denied as premature and beyond the scope of the complaint.

Why This Matters for Parents

Districts can go to court (or OAH) if you withhold consent for a triennial. Under both federal and California law, if a parent refuses to consent to a required reassessment, the district can file for due process to override that refusal. Concerns about a prior bad experience or ongoing litigation are understandable, but they generally do not provide a legal basis to block a required evaluation.
Triennial assessments have hard deadlines — and missing them doesn't make them go away. A triennial is due every three years. If the last one was reviewed in early 2017, the next was due by early 2020. The longer a triennial is overdue, the stronger the district's legal case becomes for compelling the assessment.
Mental health concerns about assessments should be documented and channeled into the IEP process, not used to block the assessment entirely. If you're worried that assessments will be traumatic for your child, put those concerns in writing, request that accommodations be made (such as a neutral location or an independent assessor), and consider requesting an independent educational evaluation (IEE). A general objection based on mental health concerns, without legal support, is unlikely to succeed.
If you miss a hearing day, the case proceeds without you. The ALJ in this case delayed the hearing and attempted to reach the parent twice before proceeding. Not appearing on a scheduled hearing day — even for a genuine emergency — can result in the hearing going forward without your participation or testimony. Always notify OAH as early as possible and request a continuance in writing if an emergency arises.
Districts cannot easily suspend services as a penalty for non-compliance — but don't test that limit. The district tried to get an order saying it could cut off all services if the parent continued to refuse. The ALJ denied this as premature. However, refusing to cooperate with legally required assessments can leave your child without a current IEP and deprive them of updated services. Cooperation — while advocating for accommodations — is usually in the student's best interest.

What Happened

What the ALJ Found

Proper notice was given. The district sent the assessment plan and procedural safeguards to the parent via certified mail and email. The plan was written in plain English (the parent's native language), explained each assessment area and what it measured, identified the qualified examiners, and stated that no IEP would result without the parent's consent.
The assessment was timely and necessary. The student's last triennial was reviewed in February 2017, making a new triennial overdue by February 2020. The student had not attended school since March 2018, meaning the IEP team had no current information about the student's functioning. The ALJ found the district could not develop an appropriate IEP without updated assessment data.
Assessors were qualified. The district's school psychologist (Dr. Bevans) held a doctorate in educational psychology and had previously assessed this student in 2016. The speech-language pathologist (Habovsky) was certified and licensed, and noted that the 2016 speech evaluation had been limited in scope, making a comprehensive re-evaluation even more warranted.
The parent's objections did not constitute a legal basis to block assessment. The ALJ noted that the parent raised no specific legal objections to the plan or the assessors' qualifications. The parent's concern about the student's mental health, while understandable, did not provide a legal basis to prevent assessment — and in fact, a suspected mental health concern would support the need for assessment, not oppose it.
Reasonable efforts to obtain consent were documented. The district sent the plan via certified mail and email, waited more than 15 days, and even had a resource officer conduct a welfare check to confirm the student still lived in the district before filing for due process.
The district's request for an additional order was denied. Victor Valley asked the ALJ to also order that it would not be required to provide any special education services if the parent refused to comply with the assessment order. The ALJ denied this request, finding it was an improper request for an advisory opinion on a hypothetical situation that had not yet occurred and that it exceeded the scope of the original due process complaint.

What Was Ordered

Victor Valley Union High School District is authorized to assess the student pursuant to the May 19, 2021 assessment plan without parental consent.
The 60-day timeline to complete the assessments and hold an IEP team meeting to review the results begins on the date of the decision (October 20, 2021).
The district's request for an order suspending special education services if the parent refused to comply was denied as premature and beyond the scope of the complaint.

Why This Matters for Parents

Districts can go to court (or OAH) if you withhold consent for a triennial. Under both federal and California law, if a parent refuses to consent to a required reassessment, the district can file for due process to override that refusal. Concerns about a prior bad experience or ongoing litigation are understandable, but they generally do not provide a legal basis to block a required evaluation.
Triennial assessments have hard deadlines — and missing them doesn't make them go away. A triennial is due every three years. If the last one was reviewed in early 2017, the next was due by early 2020. The longer a triennial is overdue, the stronger the district's legal case becomes for compelling the assessment.
Mental health concerns about assessments should be documented and channeled into the IEP process, not used to block the assessment entirely. If you're worried that assessments will be traumatic for your child, put those concerns in writing, request that accommodations be made (such as a neutral location or an independent assessor), and consider requesting an independent educational evaluation (IEE). A general objection based on mental health concerns, without legal support, is unlikely to succeed.
If you miss a hearing day, the case proceeds without you. The ALJ in this case delayed the hearing and attempted to reach the parent twice before proceeding. Not appearing on a scheduled hearing day — even for a genuine emergency — can result in the hearing going forward without your participation or testimony. Always notify OAH as early as possible and request a continuance in writing if an emergency arises.
Districts cannot easily suspend services as a penalty for non-compliance — but don't test that limit. The district tried to get an order saying it could cut off all services if the parent continued to refuse. The ALJ denied this as premature. However, refusing to cooperate with legally required assessments can leave your child without a current IEP and deprive them of updated services. Cooperation — while advocating for accommodations — is usually in the student's best interest.