District Wins IEE Dispute: Psychoeducational Assessment Upheld for 4th Grader with ADHD
Selma Unified School District filed for due process after a parent requested an independent educational evaluation (IEE) at public expense, disputing the district's March 2025 psychoeducational assessment. The ALJ found the district's assessment legally compliant across all components — cognitive, academic, social-emotional, health, and instructional assistant — and ruled that Student was not entitled to a publicly funded IEE. The parent's claims of coercion, retaliation, and inadequate consideration of Student's mental health needs were not supported by the evidence.
What Happened
Student was a nine-year-old fourth grader eligible for special education under the category of other health impairment, attending school in Selma Unified School District. Parent had reported that Student was diagnosed with ADHD, destructive mood disorder, anxiety, and depression, and raised concerns including a suicide note. After Parent requested a special education assessment in December 2024, Selma developed an assessment plan and — following two student success team meetings and at Parent's request — added an instructional assistant assessment to the plan. Parent signed the plan in February 2025. Selma completed a comprehensive multidisciplinary psychoeducational assessment, documented in a March 24, 2025 report.
After receiving the report, Parent requested an IEE at public expense, disagreeing with the assessment results. Selma denied the request and filed for due process within two weeks to defend its assessment — which is the legally required step when a district refuses to fund an IEE. Parent argued the assessment was invalid because Student's mental health diagnoses were not adequately considered, her input was blocked by coercion and retaliation by district staff, and various violations of federal and state law tainted the process. The ALJ heard the case over seven days of videoconference hearings in May 2025.
What the ALJ Found
The ALJ ruled entirely in favor of Selma, finding the psychoeducational assessment legally compliant in every area. The district used multiple qualified assessors — a credentialed school psychologist, a supervised intern, a resource specialist, and a credentialed school nurse — and administered a wide battery of standardized and non-standardized tools across cognitive, academic, social-emotional, behavioral, health, and instructional assistant domains.
On the question of Student's mental health needs, the ALJ found that while Parent claimed Student had diagnoses of destructive mood disorder, anxiety, and depression, Parent never actually provided Selma with medical documentation of these conditions. Despite that, the school psychologist used rating scales (the Conners 4 and BASC-3) that specifically measured anxiety, depression, and emotional dysregulation. Student's teacher, school nurse, and principal all reported no observable signs of anxiety or depression at school. The ALJ found the assessment adequately addressed these areas based on the information available at the time.
On parental input, the ALJ found that Parent was not coerced or retaliated against — rather, Parent actively participated in requesting the assessment and attended student success team meetings. Selma made multiple documented attempts to obtain Parent's input (sending rating scales home, following up by email and messaging app), but Parent chose not to return the forms or speak with the school psychologist. The ALJ found Parent's testimony frequently vague, inconsistent, and evasive, which reduced its credibility. Parent's claims about FERPA violations, Section 504 violations, the California Public Records Act, and civil rights discrimination were outside OAH's jurisdiction and were not decided.
What Was Ordered
- Selma's March 24, 2025 psychoeducational assessment was found legally compliant.
- Student is not entitled to a psychoeducational IEE at public expense.
The student's requests for relief were denied in full.
Why This Matters for Parents
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You must actually provide documentation to the district for it to be considered. Parent argued that Student's mental health diagnoses weren't adequately assessed — but Parent never gave the district the medical records. Districts assess based on information they actually have. If your child has outside diagnoses, share the documentation in writing before or during the assessment process.
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Refusing to return rating scales or questionnaires can hurt your case. Parent chose not to complete the rating scales Selma sent home. The law requires districts to seek parental input, but it does not require them to obtain it. If you don't participate, the assessment can still be found valid — and your later objections will carry less weight.
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Not all legal claims belong at OAH. Parent raised issues about FERPA, Section 504, the California Public Records Act, and civil rights — but OAH only handles IDEA special education disputes. Bringing claims outside OAH's jurisdiction doesn't help your case and can distract from your strongest arguments.
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When a parent requests an IEE, the district can fight back. Many parents don't realize that if a district refuses to fund an IEE, it must file for due process — and then it has the legal burden to prove its own assessment was valid. In this case, Selma met that burden. Understanding this process helps parents know what to expect and how to prepare a stronger challenge.
Note: These summaries are for educational purposes only. OAH decisions are fact-specific and may not apply to your situation. Consult an advocate or attorney for advice about your case.