In March 2022, an Administrative Law Judge heard a case that would clarify a critical question for parents across California: Can school districts change how they deliver special education services during an emergency without parental consent?
The answer, in a case involving Hesperia Unified School District (HUSD), was a resounding no. This landmark decision has profound implications for how districts must handle IEP services during school closures, natural disasters, or other emergencies.
The Hesperia Case: What Happened
The Allegation
A parent contended that Hesperia Unified School District denied their student a Free Appropriate Public Education (FAPE) by failing to implement the student's IEP after mid-March 2020.
Specifically, the district changed the location and delivery method of special education and related services from on-campus and in-person to remote and individual settings due to COVID-19—all without providing notice or obtaining parental consent.
The District's Defense
Hesperia USD maintained that it did not deny FAPE, asserting that it was not obligated to provide special education services during periods when schools were closed to all students due to the pandemic.
The Outcome
While the specific ruling details are complex, the case established that districts cannot unilaterally change IEP service delivery methods—even during emergencies—without holding an IEP meeting and obtaining parental consent. The pandemic did not suspend parents' procedural safeguards under IDEA.
Why Parental Consent Is Non-Negotiable
The Individuals with Disabilities Education Act (IDEA) grants parents specific procedural safeguards that protect their right to participate meaningfully in decisions about their child's education. These rights don't disappear during emergencies.
Written Notice Required
Districts must provide prior written notice before proposing or refusing to change a child's identification, evaluation, placement, or FAPE provision
IEP Team Decisions
Changes to services, placement, or delivery methods must be made by the IEP team, which includes parents as equal participants
Parental Consent
For certain changes, including initial placement and reevaluations, districts must obtain informed parental consent before proceeding
What This Means in Practice
If your child's IEP specifies in-person speech therapy twice weekly, the district cannot simply switch to teletherapy once weekly without convening an IEP meeting, discussing the change with you, and documenting your agreement. Emergency or not, your consent matters.
How Independent Evaluations Helped This Family
An interesting detail from the Hesperia case: the student's father had requested that recommendations from an independent psycho-educational evaluator be added to the student's IEP. Following this request, the IEP team significantly increased the student's accommodations.
Why This Matters
Independent Evaluators Identify Missed Needs
The district's evaluation may have been incomplete. An independent evaluator found additional needs that warranted more accommodations
IEP Teams Must Consider IEE Findings
Federal law requires IEP teams to consider independent evaluation results, giving parents powerful evidence for needed services
Documentation Strengthens Due Process Cases
If you need to file for due process (as this family did), an IEE provides independent professional support for your position
Lessons for Hesperia Parents
Key Takeaways from the HUSD Case
- Emergencies Don't Suspend Your Rights - Whether it's a pandemic, wildfire, or other crisis, your procedural safeguards remain in effect
- Demand an IEP Meeting - If the district wants to change services, insist on a formal IEP meeting to discuss and document any changes
- Don't Accept "We Can't" as an Answer - Districts must make good faith efforts to provide FAPE, even in difficult circumstances
- Document Everything - Keep records of all communications, especially when districts propose changes without your consent
- Consider an Independent Evaluation - If you suspect your child's needs aren't being met, an IEE can provide crucial evidence
What If This Happens to You?
If Hesperia USD (or any district) tries to change your child's services without your consent:
- Send a written objection immediately
- Request an IEP meeting within 30 days
- State that you do not consent to the proposed changes
- Ask for compensatory services if services were already reduced
- Consider requesting an IEE to document your child's actual needs
- Contact an advocate or attorney if the district refuses to comply
How CAS Evaluations Supports Hesperia Families
Comprehensive Assessments
We identify needs the district may have missed, just like the independent evaluator in the HUSD case
Desert Mountain SELPA Knowledge
Familiar with HUSD policies and Desert Mountain SELPA requirements for evaluations
Due Process Support
Our reports provide strong evidence if you need to pursue mediation or due process
Protect Your Rights—Even in Emergencies
The Hesperia case proved that your consent matters, no matter what challenges schools face. Don't let districts make unilateral decisions about your child's education.
