District Wins Right to Assess Medically Complex Student Over Parent's Refusal to Consent

Delano Joint Union High School District filed for due process after a parent repeatedly refused to consent to a comprehensive reevaluation of a 15-year-old student with orthopedic impairment, intellectual disability, cerebral palsy, and other complex medical needs. The district had not been able to assess the student since he transitioned to high school, and the student had received no instruction or services for eight months. The ALJ ruled the district followed all required procedures and ordered the assessment to proceed without parental consent.

What Happened

Student is a 15-year-old with a complex set of disabilities, including orthopedic impairment, intellectual disability, cerebral palsy, global developmental delay, Crohn's disease, and Allan-Herndon-Dudley syndrome. Student is nonverbal, uses a wheelchair, relies on a gastric feeding tube for nutrition, and manages waste through an ileostomy bag. Due to his medical needs, Student had received most of his education through a home hospital program. His last formal evaluation was conducted in spring 2023 by his prior elementary school district. When Student transitioned to Delano Joint Union High School District for ninth grade in fall 2024, Delano never had the opportunity to assess him.

Delano attempted repeatedly to transition Student to classroom-based instruction at a high school campus, offering placement in a moderate-to-severe special day class with nursing support. Parent allowed Student to attend school for parts of two days but became upset that a nurse would not be assigned exclusively to Student on a one-to-one basis. Parent then refused to bring Student to school again, declined to participate in IEP meetings, blocked in-home teachers and a speech-language pathologist from providing services (they attempted home visits 12 times), and would not complete paperwork to formally homeschool Student. As of the hearing, Student had received no instruction or services for eight months. Delano sent Parent three written assessment plans between March and September 2025, requesting consent to conduct a comprehensive reevaluation. Parent called to object each time but never responded substantively. Delano then filed for due process to obtain authorization to assess Student without parental consent.

What the ALJ Found

Because the district — not the parent — filed this case, this section explains what the ALJ determined and why the district prevailed.

The ALJ found that reevaluation was clearly warranted. Student had not been assessed in over two years, had never been evaluated by Delano, had received no services for eight months, and there was an unresolved dispute about whether and how Delano could safely meet his medical needs in school. These factors together established that Student's educational and related services needs required updated assessment data.

The ALJ also found that Delano followed all required legal procedures. The March 5, 2025 assessment plan included all legally required components — a plain-English description of the proposed assessments, an explanation that no IEP would result without parental consent, and a full explanation of Parent's rights and procedural safeguards. Although the original letter gave Parent only 12 days to respond instead of the required 15, the ALJ noted this was cured by a follow-up letter with no deadline, and the fact that Delano waited over six months before filing for due process. Parent had far more than the minimum 15 days required by law. Delano also kept thorough records of phone calls, letters, home visits, and other outreach attempts — exactly what the law requires to prove "reasonable measures" were taken. The ALJ concluded that Delano had met every legal requirement and was entitled to assess Student without Parent's consent.

What Was Ordered

Delano may conduct a comprehensive reevaluation of Student pursuant to its March 5, 2025 assessment plan without parental consent. Parent may not place any conditions on the assessments.
Delano must notify Parent in writing within 15 business days of this decision, stating the specific days, times, and locations where Parent must present Student for assessments. Parent must reasonably cooperate.
Parent must timely complete and return any documents reasonably requested by Delano as part of the assessment process.

Why This Matters for Parents

Refusing to respond to an assessment plan is not the same as legally withholding consent. Under the IDEA, if a district properly sends you an assessment plan and you simply ignore it, the district can go to a hearing and get permission to assess your child without you. If you have concerns about what the district wants to assess, you need to respond in writing — silence can be used against you.
Districts can file due process too — not just parents. Most parents think of due process as something they use to challenge a district. But districts can also file to override a parent's refusal to consent to an evaluation. This case is an example of a district successfully doing exactly that.
A doctor's note for home hospital is not automatically sufficient. Parent provided a physician's statement saying home instruction would be best for Student, but the ALJ did not find that this resolved the dispute over placement. Medical documentation helps, but it must clearly explain why the student cannot attend school — not just that home instruction is preferred.
Withdrawing from IEP participation has real consequences for your child. Parent stopped attending IEP meetings, blocked in-home services, and refused outreach for months. During that time, Student received zero educational services. Courts and ALJs take seriously a parent's obligation to engage, and a pattern of total non-participation can make it much harder to later claim the district failed your child.

What Happened

What the ALJ Found

Because the district — not the parent — filed this case, this section explains what the ALJ determined and why the district prevailed.

What Was Ordered

Delano may conduct a comprehensive reevaluation of Student pursuant to its March 5, 2025 assessment plan without parental consent. Parent may not place any conditions on the assessments.
Delano must notify Parent in writing within 15 business days of this decision, stating the specific days, times, and locations where Parent must present Student for assessments. Parent must reasonably cooperate.
Parent must timely complete and return any documents reasonably requested by Delano as part of the assessment process.

Why This Matters for Parents

Refusing to respond to an assessment plan is not the same as legally withholding consent. Under the IDEA, if a district properly sends you an assessment plan and you simply ignore it, the district can go to a hearing and get permission to assess your child without you. If you have concerns about what the district wants to assess, you need to respond in writing — silence can be used against you.
Districts can file due process too — not just parents. Most parents think of due process as something they use to challenge a district. But districts can also file to override a parent's refusal to consent to an evaluation. This case is an example of a district successfully doing exactly that.
A doctor's note for home hospital is not automatically sufficient. Parent provided a physician's statement saying home instruction would be best for Student, but the ALJ did not find that this resolved the dispute over placement. Medical documentation helps, but it must clearly explain why the student cannot attend school — not just that home instruction is preferred.
Withdrawing from IEP participation has real consequences for your child. Parent stopped attending IEP meetings, blocked in-home services, and refused outreach for months. During that time, Student received zero educational services. Courts and ALJs take seriously a parent's obligation to engage, and a pattern of total non-participation can make it much harder to later claim the district failed your child.