Assessment Delays Can Trigger Tuition Reimbursement and an IEE

What Happened

A student with ADHD, autism, and anxiety was privately placed by his parents at the Winston School. In October 2017, the parents requested that San Marcos USD — the district of residence — assess their child.

San Marcos did not assess the student before January 31, 2018. After further delays, the parents finally consented to an assessment plan on June 27, 2018. Under California law, the district then had 60 days (excluding breaks) to complete the assessments and hold an IEP meeting.

The assessments were not reviewed until January 16, 2019 — 71 days late even after excluding winter recess.

What the Judge Found

ALJ Alexa Hohensee drew careful distinctions between the different time periods:

Pre-January 2018 (district prevailed): While the district should have assessed earlier, the procedural error was "nonsubstantive" because the parents were not actively seeking FAPE from San Marcos during this period and another district had already assessed the student. No tuition reimbursement for this period.

Post-June 2018 (parent prevailed): The 71-day delay beyond the statutory deadline was a substantive violation:

"San Marcos's delay in completing and reviewing the assessments... resulted in a loss of educational benefit and significantly impeded Parents' opportunity to participate in the decision making process."

The psychoeducational assessment: While it met all technical requirements, the fact that it was untimely entitled the student to an IEE at public expense.

What Was Ordered

• Tuition reimbursement for the Winston School for the student's actual days of attendance during the delay period (October 20, 2018 through January 16, 2019)
• Mileage reimbursement for transportation to/from Winston during that period
• An independent psychoeducational evaluation funded by San Marcos, in accordance with SELPA guidelines

Why This Matters for Parents

This case illustrates both the power and limits of tuition reimbursement claims:

What works:

• Meticulously documenting every timeline violation. The parent here could point to the exact date the 60-day clock started and the exact date it expired.
• The delay itself — not just the quality of the assessment — entitled the family to an IEE. An untimely assessment is an inappropriate assessment.
• Partial reimbursement is still reimbursement. Even when parents cannot show FAPE denial for an entire year, they may recover costs for the specific period of the district's delay.

What doesn't work:

• Seeking reimbursement for a period when you were not actively requesting FAPE from the district. If you privately place your child and stop engaging with the district, you may undermine your reimbursement claim for that period.

Key lesson: If your child is privately placed and you want to preserve your reimbursement rights, keep requesting assessments and FAPE offers from the district in writing. Every unanswered request strengthens your case. Every timeline violation is a brick in the wall of your reimbursement claim.