Madera Unified Failed to Assess Teen in Speech, Language, and Transition Needs

A parent filed for due process against Madera Unified School District on behalf of her 17-year-old son with emotional disturbance and other health impairment, alleging failures to assess him in multiple areas, flawed IEPs, and denial of a free appropriate public education over several years. The ALJ found the district did fail to assess the student in speech and language and adaptive living skills for transition purposes, improperly excused the general education teacher from a 2020 IEP meeting, and omitted a written expression present level and goal from that IEP. As a remedy, the student received compensatory one-on-one academic instruction in reading, writing, and math, plus independent assessments in speech and language, academics, and transition planning, all at district expense.

What Happened

The student was a 17-year-old high school senior at Madera South High School who had been in special education since age 11. His disability categories shifted over the years from specific learning disability, to other health impairment (based on an ADHD diagnosis), and eventually to emotional disturbance as his primary eligibility, with other health impairment as secondary. Throughout high school, Madera Unified placed him in general education "co-lab" inclusion classes co-taught by a general education and a special education teacher. His mother, a Spanish speaker who required an interpreter at all hearing proceedings, had long raised concerns that the district was significantly underestimating her son's deficits — describing his inability to live independently, his social isolation, his difficulty with basic communication, and his failure to retain academic information at home.

The family filed for due process in September 2021, raising a sweeping set of claims covering events from fall 2019 through the student's April 2021 triennial IEP. Issues included the district's failure to assess in areas such as autism, speech and language, occupational therapy, executive functioning, and adaptive living skills; multiple procedural flaws in IEP meetings (including improper excusal of required attendees); missing goals and present levels in several IEPs; inadequate transition planning; and whether the 2021 triennial assessment was appropriate. The hearing spanned seven days before ALJ Elsa H. Jones and resulted in a mixed decision: the parent prevailed on a meaningful subset of issues, while the district prevailed on the majority.

What the District Did Wrong

1. Failed to assess in speech and language (2019–2021). Between September 2019 and the spring 2021 triennial assessment, Madera Unified never assessed the student in speech and language, despite documented concerns about his communication and auditory processing. This failure deprived the student of a FAPE because it left an area of suspected need entirely unexplored for years.

2. Failed to assess adaptive living skills in the community as part of transition planning. The district did not include an assessment of the student's real-world independent living skills — such as navigating the community, managing daily tasks, and living without constant support — in either the interim period or the 2021 triennial transition assessment. This was a significant gap given Mother's extensive testimony about his profound limitations in daily functioning at home and in the community.

3. 2021 triennial assessment was inadequate in academics and speech and language. The spring 2021 triennial assessment failed to appropriately assess the student in academics and speech and language, and did not address adaptive daily living skills in the community for transition purposes. The district prevailed on claims about autism, occupational therapy, mental health, and behavioral assessment adequacy.

4. Improperly excused the general education teacher from the March 12, 2020 IEP meeting without following required procedures. Federal and state law require that a general education teacher attend IEP meetings unless parents give informed written consent to excuse them. The district failed to follow the legally required steps to excuse this mandatory team member from the March 2020 meeting. This was a procedural violation that denied the student a FAPE. (The same claim regarding the October 2019 amendment IEP was decided in the district's favor.)

5. March 2020 IEP was missing a present level of performance in written expression and a corresponding goal. The March 12, 2020 IEP did not include any present level of performance describing the student's written expression skills, and as a result also failed to include a goal to address that area. This omission affected the student's programming for the entire year the IEP was in effect, a period that overlapped with COVID-related distance learning.

What Was Ordered

Compensatory academic instruction: Within 45 days, Madera Unified must contract with a California-certified nonpublic agency (selected by Parents) to provide 38 hours of one-to-one reading instruction, 38 hours of one-to-one written expression instruction, and 19 hours of one-to-one math instruction — all at district expense. Services may occur at the student's home or another agreed location, with transportation reimbursement of up to 50 miles round-trip per session if held offsite. These hours must be used within 18 months of contracting and are not forfeited upon the student's high school graduation.
Independent speech and language assessment (including auditory processing): Parents may select an independent speech and language assessor at Madera Unified's expense. The district must provide its written criteria for assessors within 10 calendar days of the decision.
IEP meeting following speech and language assessment: Within 30 days of the completed assessment, Madera Unified must convene an IEP team meeting to discuss findings. The district must pay for the assessor's preparation time and attendance (up to 3 hours including travel).
Independent transition assessment and new transition plan: Parents may select an independent transition assessor — who must have experience with students who have adaptive behavior deficits — at district expense. That assessor will also develop a new transition plan following the assessment. The district must provide written criteria for assessors within 10 days.
IEP meeting following transition assessment: Within 30 days of the completed assessment and transition plan, the district must convene an IEP team meeting to review and discuss both documents. The assessor's preparation and attendance costs (up to 3 hours) are paid by the district.
Independent academic assessment: Parents may select an independent academic assessor at Madera Unified's expense. An IEP team meeting to discuss results must be convened within 30 days of the completed assessment.
Staff training on IEP team member excusal procedures: Within 45 calendar days, Madera Unified must contract with a nonpublic agency or law firm (not involved in this case) to deliver 3 hours of training to district administrators and special education staff on the legal requirements and best practices for properly excusing mandatory IEP team members. Training must be completed by June 30, 2022.
Requests denied: The student's request for Lindamood-Bell tuition funding (up to 600 hours), an independent neuropsychological evaluation, an independent occupational therapy assessment, a functional behavior assessment, and a 10-business-day IEP convening deadline were all denied.

Why This Matters for Parents

Put assessment requests in writing, and be specific. The ALJ repeatedly rejected the parent's testimony that she requested assessments at every IEP meeting because no IEP document reflected those requests. If you want your child assessed in a specific area — speech and language, autism, adaptive behavior, or anything else — submit a written request by email or letter and keep a copy. Verbal requests at meetings are too easily disputed.
Transition planning must address real-world independence, not just academics. The district's transition assessment was flawed because it did not evaluate how the student functioned in the community — things like navigating independently, managing daily tasks, and living without constant support. If your child has deficits in daily living skills, push specifically for a transition assessment that covers those areas, not just college and career awareness.
Every required IEP team member must be properly excused in writing — or they must attend. The district's failure to follow the formal excusal process for the general education teacher was itself a FAPE denial. If a team member cannot attend an IEP meeting, federal law requires parents to sign written consent to the excusal. If you are asked to sign such a document, know you have the right to say no and reschedule.
A district assessment can be legally inadequate even if it was recently completed. The 2021 triennial was found insufficient in multiple areas despite being a comprehensive evaluation. An assessment is not automatically "good enough" because the district conducted it — it must actually cover all areas of suspected need. If you believe your child's evaluation missed important areas, you have the right to request an Independent Educational Evaluation (IEE) at district expense.
Compensatory education survives graduation. The ALJ explicitly ordered that the student's compensatory tutoring hours could be used even after he graduated with a diploma. If your child aged out or graduated while FAPE violations were occurring, do not assume the window for relief has closed — courts and ALJs have authority to order remedies that extend beyond the end of eligibility.

What Happened

What the District Did Wrong

What Was Ordered

Compensatory academic instruction: Within 45 days, Madera Unified must contract with a California-certified nonpublic agency (selected by Parents) to provide 38 hours of one-to-one reading instruction, 38 hours of one-to-one written expression instruction, and 19 hours of one-to-one math instruction — all at district expense. Services may occur at the student's home or another agreed location, with transportation reimbursement of up to 50 miles round-trip per session if held offsite. These hours must be used within 18 months of contracting and are not forfeited upon the student's high school graduation.
Independent speech and language assessment (including auditory processing): Parents may select an independent speech and language assessor at Madera Unified's expense. The district must provide its written criteria for assessors within 10 calendar days of the decision.
IEP meeting following speech and language assessment: Within 30 days of the completed assessment, Madera Unified must convene an IEP team meeting to discuss findings. The district must pay for the assessor's preparation time and attendance (up to 3 hours including travel).
Independent transition assessment and new transition plan: Parents may select an independent transition assessor — who must have experience with students who have adaptive behavior deficits — at district expense. That assessor will also develop a new transition plan following the assessment. The district must provide written criteria for assessors within 10 days.
IEP meeting following transition assessment: Within 30 days of the completed assessment and transition plan, the district must convene an IEP team meeting to review and discuss both documents. The assessor's preparation and attendance costs (up to 3 hours) are paid by the district.
Independent academic assessment: Parents may select an independent academic assessor at Madera Unified's expense. An IEP team meeting to discuss results must be convened within 30 days of the completed assessment.
Staff training on IEP team member excusal procedures: Within 45 calendar days, Madera Unified must contract with a nonpublic agency or law firm (not involved in this case) to deliver 3 hours of training to district administrators and special education staff on the legal requirements and best practices for properly excusing mandatory IEP team members. Training must be completed by June 30, 2022.
Requests denied: The student's request for Lindamood-Bell tuition funding (up to 600 hours), an independent neuropsychological evaluation, an independent occupational therapy assessment, a functional behavior assessment, and a 10-business-day IEP convening deadline were all denied.

Why This Matters for Parents

Put assessment requests in writing, and be specific. The ALJ repeatedly rejected the parent's testimony that she requested assessments at every IEP meeting because no IEP document reflected those requests. If you want your child assessed in a specific area — speech and language, autism, adaptive behavior, or anything else — submit a written request by email or letter and keep a copy. Verbal requests at meetings are too easily disputed.
Transition planning must address real-world independence, not just academics. The district's transition assessment was flawed because it did not evaluate how the student functioned in the community — things like navigating independently, managing daily tasks, and living without constant support. If your child has deficits in daily living skills, push specifically for a transition assessment that covers those areas, not just college and career awareness.
Every required IEP team member must be properly excused in writing — or they must attend. The district's failure to follow the formal excusal process for the general education teacher was itself a FAPE denial. If a team member cannot attend an IEP meeting, federal law requires parents to sign written consent to the excusal. If you are asked to sign such a document, know you have the right to say no and reschedule.
A district assessment can be legally inadequate even if it was recently completed. The 2021 triennial was found insufficient in multiple areas despite being a comprehensive evaluation. An assessment is not automatically "good enough" because the district conducted it — it must actually cover all areas of suspected need. If you believe your child's evaluation missed important areas, you have the right to request an Independent Educational Evaluation (IEE) at district expense.
Compensatory education survives graduation. The ALJ explicitly ordered that the student's compensatory tutoring hours could be used even after he graduated with a diploma. If your child aged out or graduated while FAPE violations were occurring, do not assume the window for relief has closed — courts and ALJs have authority to order remedies that extend beyond the end of eligibility.