CASE NO. 2022110091

Student v. HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT

Counsel for Student: Alexis Casillas and Jennifer Chang

Counsel for District: Jennifer Chamberlain and Savannah Skelton

Representative for District: Dr. Kitty Louie

ALJ: June R. Lehrman

Date of Decision: June 28, 2023

Significant areas of law: Failure to appropriately respond to family’s request for assessment is denial of FAPE.

ISSUES:

• Did District deny Student a FAPE by failing to appropriately respond to the family’s request for a visual processing assessment?

FACTS OF THE CASE:

• Student was thirteen (13) years old and was eligible for special education under the primary eligibility category of specific learning disability, and the secondary eligibility category of speech or language impairment.

CONCLUSION:-

• District DENIED Student a FAPE by failing to appropriately respond to the family’s request for a visual processing assessment.

Rationale:

• Upon parent request, the local educational agency must conduct a reassessment, even when the school determines that no additional data is needed to determine the student’s educational needs. (20 U.S.C. § 1414 (a)(2)(A)(ii); Ed. Code, § 56381, subds. (a)(1) & (d); 34 C.F.R. § 300.303 (a)(2).)
• Education Code, section 56043 provides that within 15 days after a “referral for assessment” a proposed assessment plan “shall” be developed. A “referral for assessment” means any written request for assessment made by persons including a parent. (Ed. Code, § 56029.) If the request is oral not written, “staff of the school district, SELPA, or county office shall offer assistance to the individual in making a request in writing and shall assist the individual if the individual requests such assistance.” (C.C.R., § 3021.)
• A parent must be provided “written prior notice” when a school district proposes, or refuses, to initiate or change the identification, evaluation, or educational placement of the child, or the provision of a FAPE to the child. 20 U.S.C. § 1415(b)(3); Ed. Code, § 56500.4.)
• District procedurally violated the IDEA by not providing an assessment plan in response to the family’s request for a visual processing disorder assessment. If the request was oral only, District procedurally violated the regulation that required it to offer assistance to put it into writing.
• The failure to assess Student in the area of visual processing as requested interfered with the opportunity of the parent or guardian to participate in the formulation process of the IEP by depriving parent and the rest of the IEP team of potentially pertinent information about Student’s needs.

REMEDIES/ORDER:

• District shall within 15 days of this Decision to provide Parent with an assessment plan in the area of visual processing and augmentative and alternative communication. Assuming Parent consents, District is then ordered to follow all applicable timelines concerning the assessment and the convening of an IEP team meeting to review the results.
• District shall within 15 days of the date of this Decision to reimburse Parent a total of $9,300 (nine thousand, three hundred dollars).