Simi Valley Must Fund Independent Evals After Flawed Assessment Process

Simi Valley Unified School District filed for due process to defend its May 2025 psychoeducational and speech and language evaluation of a student, arguing it was legally sound and that the student was not entitled to an independent educational evaluation at public expense. The ALJ found the district's assessment was flawed on multiple grounds: the assessment plan was missing required information about prior assessments, the district could not prove it provided Parent with a copy of parental rights and procedural safeguards, and the psychoeducational assessment and IEP team meeting were completed beyond the required 60-day timeline. As a result, the student prevailed and the district was ordered to fund independent evaluations in both psychoeducation and speech and language.

What Happened

A student in Simi Valley Unified School District was given an initial comprehensive multidisciplinary evaluation in January 2025 covering psychoeducation and speech and language. Parent disagreed with the results. Rather than immediately pursuing an independent educational evaluation (IEE) at public expense, Parent agreed to let a different Simi Valley assessment team conduct new assessments. The district issued a new assessment plan in March 2025, Parent signed it, and the district completed a second multidisciplinary evaluation on May 1, 2025. Parent again disagreed with the results and requested a publicly funded IEE in several areas including cognitive functioning, attention, social-pragmatic communication, and emotional and behavioral regulation.

When the district refused to fund the IEE, it filed for due process — as districts are required to do when they want to defend their assessment rather than pay for an independent one. The district argued its May 2025 evaluation was legally appropriate, so the student should not receive a publicly funded IEE. The ALJ disagreed, finding the district's assessment process was legally defective in multiple ways, and ordered the district to fund independent evaluations in psychoeducation and speech and language.

What the District Did Wrong

The assessment plan was incomplete. California law requires that an assessment plan include a description of any recent assessments that were conducted. Simi Valley's March 2025 assessment plan did not mention the January 2025 evaluation — even though the district's own evaluators later relied on that earlier evaluation when writing the May 2025 report. This omission prevented Parent from fully understanding what information the assessors would use, undermining her ability to give truly informed consent.

The district could not prove it gave Parent her legal rights notice. Districts are required to provide parents with a copy of their parental rights and procedural safeguards when issuing an assessment plan. The district claimed it sent this notice to Parent through an online link in a March 17, 2025 email — but the email itself did not contain the link. The program specialist who sent the email did not testify about what was in the link or confirm that the rights notice was actually delivered. The ALJ found this was not enough evidence to prove the notice was provided.

The assessment and IEP meeting ran past the 60-day deadline. Once a parent signs an assessment plan, the district has 60 days to complete the evaluation and hold an IEP team meeting to review the results. Parent signed the plan on March 19, 2025. The district's psychoeducational assessment was not finished until at least May 28, 2025 — 70 days later. The IEP team meeting to review the completed evaluation did not occur until June 4, 2025 — 77 days after the signed plan. The district's spring recess did not pause the timeline because it was not longer than five school days. Both deadlines were missed.

What Was Ordered

Simi Valley must fund an independent psychoeducational evaluation at public expense, conducted by a qualified assessor of Parent's choice who meets the district's IEE criteria.
Simi Valley must fund an independent speech and language evaluation at public expense, on the same terms.
Student had until November 21, 2025 to notify the district in writing of the chosen assessors. The district had 10 business days after receiving those names to initiate contracts with the assessors.
If Student wished the district to consider the IEE results, an IEP team meeting would be held within 30 days of each completed assessment report, and the district must pay for the independent assessors to attend and present their findings.
The request for a publicly funded occupational therapy evaluation was denied because occupational therapy was not part of the original district evaluation and no evidence was presented at hearing to support this request.

Why This Matters for Parents

An assessment plan must be complete — check it carefully before you sign. California law requires the plan to describe any recent assessments the district has already conducted. If the district previously evaluated your child, that earlier evaluation should be referenced. If it is missing, you can ask the district to revise the plan before you sign.
Always confirm you received your procedural safeguards notice in writing. The district is required to provide you with a copy of your parental rights every time it issues an assessment plan. If it sends a link by email, save proof that the link worked and you could access the document. A broken or missing link may mean the district has not legally complied.
The 60-day timeline is a firm legal deadline — track it yourself. Once you sign and return an assessment plan, write down the date and count 60 calendar days forward (minus any school vacations longer than five school days). The district must finish all assessments and hold an IEP meeting to review results by that date. If they miss it, that is a procedural violation that can affect whether their evaluation is considered legally valid.
If you want an IEE in a new area, present evidence at the hearing. The ALJ denied the request for an occupational therapy IEE because OT was never part of the district's evaluation and the student did not present any evidence at hearing showing why one was needed. If you believe your child needs an evaluation in an area the district did not assess, come to the hearing prepared to explain and support that request.

What Happened

What the District Did Wrong

What Was Ordered

Simi Valley must fund an independent psychoeducational evaluation at public expense, conducted by a qualified assessor of Parent's choice who meets the district's IEE criteria.
Simi Valley must fund an independent speech and language evaluation at public expense, on the same terms.
Student had until November 21, 2025 to notify the district in writing of the chosen assessors. The district had 10 business days after receiving those names to initiate contracts with the assessors.
If Student wished the district to consider the IEE results, an IEP team meeting would be held within 30 days of each completed assessment report, and the district must pay for the independent assessors to attend and present their findings.
The request for a publicly funded occupational therapy evaluation was denied because occupational therapy was not part of the original district evaluation and no evidence was presented at hearing to support this request.

Why This Matters for Parents

An assessment plan must be complete — check it carefully before you sign. California law requires the plan to describe any recent assessments the district has already conducted. If the district previously evaluated your child, that earlier evaluation should be referenced. If it is missing, you can ask the district to revise the plan before you sign.
Always confirm you received your procedural safeguards notice in writing. The district is required to provide you with a copy of your parental rights every time it issues an assessment plan. If it sends a link by email, save proof that the link worked and you could access the document. A broken or missing link may mean the district has not legally complied.
The 60-day timeline is a firm legal deadline — track it yourself. Once you sign and return an assessment plan, write down the date and count 60 calendar days forward (minus any school vacations longer than five school days). The district must finish all assessments and hold an IEP meeting to review results by that date. If they miss it, that is a procedural violation that can affect whether their evaluation is considered legally valid.
If you want an IEE in a new area, present evidence at the hearing. The ALJ denied the request for an occupational therapy IEE because OT was never part of the district's evaluation and the student did not present any evidence at hearing showing why one was needed. If you believe your child needs an evaluation in an area the district did not assess, come to the hearing prepared to explain and support that request.