District Wins: No Child Find Violation Where Student Was Thriving in General Ed

A parent filed for due process claiming Stockton Unified failed its child find duty by not assessing her son, who had diagnoses of ADHD and anxiety, for special education. The ALJ ruled in the district's favor on all three issues, finding that Student was performing at or above grade level, responding well to general education interventions, and that his ADHD and anxiety were not visibly impacting his education in any way that would trigger a mandatory assessment referral.

What Happened

Student was an 11-year-old fifth grader who transferred to Stockton Unified in November 2022 with parent-reported diagnoses of ADHD and anxiety. When Parent enrolled Student, she immediately requested a Section 504 Plan and shared concerns about Student's behavior at home, handwriting, and difficulty focusing. Stockton responded by holding multiple Student Study Team (SST) meetings — in November 2022, January 2023, and March 2023 — and arranged for a mental health clinician to observe Student in class and on the playground. Throughout this time, Student made Honor Roll, improved his iReady academic scores significantly in just a few months, and was described by multiple teachers as articulate, friendly, well-behaved, and making solid academic progress.

Parent ultimately filed for due process, claiming Stockton violated its child find duty by not referring Student for a special education assessment, failed to send a required "prior written notice" when it declined to provide mental health services, and improperly excluded a speech and language assessment from the November 2023 assessment plan it eventually offered. The ALJ ruled against Student on every issue. Notably, Stockton did eventually offer an assessment plan in November 2023, but Parent refused to sign it — meaning Student was never formally evaluated.

What the ALJ Found

On Child Find: The ALJ found that Stockton did not violate its child find obligation. School staff consistently observed Student performing at or above grade level, responding well to classroom interventions, and showing no signs that ADHD or anxiety were interfering with his ability to learn. His few behavior incidents were minor, resolved through standard conflict resolution, and not unique compared to his peers. The law requires a district to refer a student for assessment only when there is reason to suspect a disability and that the disability is affecting the student's education — a diagnosis alone is not enough. Here, the evidence showed Student was thriving, and even Parent's own expert witness retracted her opinion about the 2022-2023 school year after learning Student had only been enrolled for a short time.

On Prior Written Notice: The ALJ found that Stockton's prior written notice obligation under the IDEA only triggers when a parent requests a special education assessment or services. Parent here requested a Section 504 Plan — a general education accommodation program — not special education. Because no IDEA services were requested or refused, no prior written notice was required under federal special education law.

On the Speech and Language Assessment: The ALJ found no evidence that Student had any suspected speech or language disability. Every teacher described Student as highly articulate, with a large vocabulary and strong reading skills. The only basis for the claim was Parent's statement that Student "talks really fast at home," which the ALJ found insufficient. Stockton's December 2023 amended assessment plan did add a speech and language assessment at Parent's request during a resolution session — but Parent never consented to any assessment, so none was ever conducted.

What Was Ordered

All of Student's requested relief was denied.
The ALJ retained jurisdiction to rule on a separate pending motion for sanctions filed by the district.

Why This Matters for Parents

A diagnosis alone does not force a school to assess your child for special education. Under the IDEA, a school district must have reason to believe a disability is affecting the student's education — not just that a diagnosis exists. If your child is passing classes and teachers report no significant concerns, that raises the bar for triggering mandatory assessment, even with a known ADHD or anxiety diagnosis.
SST meetings and general education interventions can delay or replace a special education referral — but only if they are actually working. Stockton was able to demonstrate Student was responding well to Tier 1 supports. If your child is not making progress with those interventions, document it carefully — that evidence is what makes the difference in a child find case.
If a district offers you an assessment plan, refusing to sign it ends the district's obligation to pursue eligibility. Once Stockton offered the assessment plan in November 2023, the ALJ found its child find duty was satisfied. Parent's refusal to consent meant Student was never evaluated. Carefully weigh the decision to refuse a district's assessment plan — you can always request an Independent Educational Evaluation (IEE) afterward if you disagree with the results.
Section 504 requests and IDEA special education requests are legally separate. If you request a 504 Plan, the procedural protections of the IDEA — including prior written notice requirements — do not automatically apply. If you believe your child may need special education services, make that request explicitly and in writing.

What Happened

What the ALJ Found

What Was Ordered

All of Student's requested relief was denied.
The ALJ retained jurisdiction to rule on a separate pending motion for sanctions filed by the district.

Why This Matters for Parents

A diagnosis alone does not force a school to assess your child for special education. Under the IDEA, a school district must have reason to believe a disability is affecting the student's education — not just that a diagnosis exists. If your child is passing classes and teachers report no significant concerns, that raises the bar for triggering mandatory assessment, even with a known ADHD or anxiety diagnosis.
SST meetings and general education interventions can delay or replace a special education referral — but only if they are actually working. Stockton was able to demonstrate Student was responding well to Tier 1 supports. If your child is not making progress with those interventions, document it carefully — that evidence is what makes the difference in a child find case.
If a district offers you an assessment plan, refusing to sign it ends the district's obligation to pursue eligibility. Once Stockton offered the assessment plan in November 2023, the ALJ found its child find duty was satisfied. Parent's refusal to consent meant Student was never evaluated. Carefully weigh the decision to refuse a district's assessment plan — you can always request an Independent Educational Evaluation (IEE) afterward if you disagree with the results.
Section 504 requests and IDEA special education requests are legally separate. If you request a 504 Plan, the procedural protections of the IDEA — including prior written notice requirements — do not automatically apply. If you believe your child may need special education services, make that request explicitly and in writing.