District Must Assess Private School Students Who Live in the District — But Reimbursement Denied

What Happened

Student is a 17-year-old with attention deficit hyperactivity disorder (ADHD) who has lived within Manhattan Beach Unified School District boundaries since April 2022. Student attended Westmark School, a private school, for the 2022-2023 school year. Student had been identified as eligible for special education three separate times — by three different districts — but Parents had never consented to special education services or signed an IEP. On April 3, 2023, Parents, through their attorney, contacted Manhattan Beach for the first time, requesting a comprehensive special education assessment, an interim IEP, and an IEP team meeting. The district had no record of Student and spent weeks trying to verify that he actually lived within its boundaries. On April 26, 2023, Mother dropped off partial enrollment paperwork at Mira Costa High School that included proof of residency — but also included a handwritten note stating Student "does not plan to attend school in the district." The district did not provide Parents with a written assessment plan until August 16, 2023 — over three months after Parents first made contact, and approximately five weeks after the district had confirmed Student's residency.

Parents eventually filed for due process, seeking reimbursement for Westmark School's 2023-2024 tuition (over $62,000) and related transportation costs (approximately $6,000). Manhattan Beach ultimately assessed Student and convened an IEP meeting on November 3, 2023, identifying Student as eligible and offering a public school placement — which Parents declined. Student continued attending Westmark for 11th grade.

What the ALJ Found

The district violated IDEA on one issue. Once Manhattan Beach had both a written assessment request from Parents (April 3, 2023) and verified proof of residency (April 26, 2023), it was legally required to provide a written assessment plan within 15 calendar days — by May 11, 2023. It did not do so until August 16, 2023. This five-week delay during the 2022-2023 school year was a procedural IDEA violation that denied Student a FAPE by preventing Parents from participating in the assessment and IEP process.

The district prevailed on all other issues. The ALJ found that because Parents had never consented to the initiation of special education services — across three different districts over many years — Manhattan Beach was not legally required to convene IEP team meetings within 30 days of Parents' requests. Without proof that Parents had ever accepted an IEP, Manhattan Beach had no obligation to treat Student as a child with a disability entitled to those meetings. Similarly, because Student was a parentally placed private school student (not transferring from another public school), interim IEP rules did not apply. The ALJ also found the district was not required to send prior written notices while it was still actively investigating and communicating about Student's residency, and that no IEP was required before the 2023-2024 school year began.

Reimbursement was denied entirely. The ALJ found that Parents had already signed and paid a nonrefundable deposit for Westmark's 2023-2024 enrollment on March 23, 2023 — before they ever contacted Manhattan Beach. Under the law, reimbursement for private school costs is only available when a district fails to offer FAPE before the parents enroll the child. Because Parents enrolled Student first and contacted the district second, the district never had the chance to make a FAPE offer before that enrollment decision was made.

What Was Ordered

1. Within 60 days of the decision, Manhattan Beach must provide a one-hour training to administrators at Mira Costa High School covering the district's legal obligation to assess and offer FAPE to parentally placed private school students who reside within district boundaries.
2. All other requests for relief — including tuition and transportation reimbursement — were denied.

Why This Matters for Parents

1. Contact the district before enrolling your child in private school. Reimbursement for private school tuition under IDEA generally requires that the district failed to offer FAPE before you made the private placement. If you sign an enrollment contract first and contact the district second, you may lose your right to reimbursement — as happened here.

2. Districts must assess parentally placed private school students who live within their boundaries. A district cannot require your child to enroll in public school as a condition of receiving an assessment. Once you provide proof of residency and a written assessment request, the district has 15 calendar days to send you an assessment plan.

3. Never consenting to an IEP has long-term legal consequences. If Parents have never consented to the initiation of special education services, a new district may not be required to hold IEP meetings or treat the child as a student with a disability under IDEA — even if the child has been found eligible multiple times. This case shows how years of declining IEPs can limit a family's legal options later.

4. Ambiguous communication weakens your case. The ALJ gave significant weight to the handwritten note on the enrollment form stating Student did not plan to attend the public school, and to statements made at the resolution session. Mixed messages about your intentions — even if unintentional — can undermine your legal position. Put your requests in writing clearly, and make sure your actions are consistent with your stated goals.