Public school district obligated to re-evaluate private school student

A student received special education services from a school district for three years until the parents withdrew the student. The parents then enrolled the student in a private school located within the district's geographical boundaries. The parents did not request an evaluation or any further services, but asked for a due process hearing a year after the student was withdrawn, seeking reimbursement for an "independent educational evaluation," past and future private services, assistive technology and legal services. While the hearing was pending, the parent refused to consent to an evaluation offered by the district.

The hearing officer held that the district was not required to hold an annual ARD meeting for a student who was voluntarily enrolled in private school, because the district was no longer required to provide services after the parents withdrew the student.  However, the district was required to perform the student's three year re-evaluation as part of its ongoing child find and evaluation obligations. The hearing examiner held that the district failed to timely re-evaluate the student and ordered it to conduct the re-evaluation.