Kern High School District Wins Right to Implement IEP and Assess Student Without Parental Consent

What Happened

Student was a 15-year-old 10th grader eligible for special education under the category of speech or language impairment, and was later also found eligible under the category of specific learning disability in reading comprehension. Student attended Kern High School District's Liberty High School, where teachers described him as confident, social, and capable of participating in college preparatory general education classes. However, Student strongly disliked being pulled out of class for speech services, eventually refusing to attend at all, and told staff he did not believe he was a special education student.

Beginning in August 2024, Kern spent over a year attempting to schedule IEP meetings with Parent. Parent requested meetings on Saturdays or after 5:00 p.m., declined to accept certified mail, instructed the district not to email her, and repeatedly failed to show up or respond to scheduled meetings — even after Kern offered phone, video, and in-person options, and even offered to write a letter to Father's employer. Despite assembling the IEP team multiple times across many proposed dates, Kern was never able to get a parent to attend. Kern ultimately held IEP team meetings on May 2 and May 21, 2025 without Parent present, developed a full IEP, and filed for due process to be allowed to implement it. Kern also sought permission to conduct follow-up assessments in executive functioning and social emotional processing after Parent failed to sign the consent form sent in July 2025.

What the ALJ Found

Because the district filed this case (not the parent), this section describes what the ALJ concluded in the district's favor.

The ALJ found that Kern met every procedural requirement for holding IEP meetings without Parent. Kern sent notices by regular mail, certified mail, FedEx, and email; proposed dozens of dates and times across more than a year; offered videoconferencing and phone participation; offered to schedule meetings during Father's lunch hour; and documented every attempt carefully. The ALJ noted that properly mailed letters are legally presumed received, and that Parent's refusal to accept certified mail did not undo that presumption. The ALJ found Kern was not required to hold meetings on Saturdays or after school hours, and that it had satisfied its legal obligation to accommodate the family's scheduling needs.

On the substance of the IEP itself, the ALJ found that the May 21, 2025 IEP appropriately identified Student's needs, set measurable goals in communication, reading comprehension, study skills, and transition (college awareness, career awareness, and independent living), offered appropriate accommodations, and placed Student in general education — the least restrictive environment — with only 2% of his day spent in separate speech therapy sessions. The IEP also included a plan for continuing services during emergency school closures. The ALJ found the IEP was reasonably calculated to help Student make meaningful progress.

On the assessment question, the ALJ found that the IEP team had a legitimate educational reason to seek further information about Student's executive functioning and social-emotional processing — specifically, his declining homework completion and refusal to attend speech services. Kern sent the assessment plan multiple ways and waited the required 15 days, but received no response. The ALJ ruled Kern had taken reasonable steps to obtain consent and could proceed without it.

What Was Ordered

1. Kern High School District may implement Student's May 21, 2025 IEP without parental consent.
2. Kern High School District may assess Student in executive functioning and social emotional processing pursuant to the July 17, 2025 assessment plan without parental consent.

Why This Matters for Parents

1. Refusing to engage in the IEP process can have serious consequences. When a parent consistently declines to attend meetings, ignores notices, and fails to respond to consent requests, a district can go to a hearing and get legal permission to move forward without them. Participating — even to disagree — protects your ability to shape your child's education.

2. Properly mailed notices are legally presumed received, even if you don't open them. Courts and ALJs apply a legal rule that a letter correctly addressed and mailed is presumed delivered. Refusing to accept certified mail or pick up copies at the front desk will not protect you from that presumption.

3. Districts are not required to schedule IEP meetings on evenings or weekends. While districts must make reasonable efforts to accommodate your schedule — including phone and video options — they are not obligated to meet outside school hours. If your work schedule is a barrier, ask specifically for a phone or video call during the meeting rather than insisting on a time the district cannot staff.

4. A school district can seek court or hearing officer permission to assess your child without your consent if you don't respond. Ignoring an assessment plan does not stop the process permanently — it can result in a due process hearing where the district asks an ALJ for permission to proceed. If the district's reasons are educationally sound and they've made reasonable outreach efforts, they are likely to prevail.