California OAH special education order · September 30, 2014

Notice of No Action and Order Concerning Communication With Administrative Law Judge

OAH Case No. 2012100242, 2012100291 · ALJ Judith A. Kopec

OAH took no action on a provider's email and letter to the hearing judge about carrying out the decision, because OAH loses jurisdiction once it issues its final decision; it barred further direct contact with the judge.

Ruling Jurisdiction

This case went to decision

Student v. Fresno Unified School District (consolidated): Fresno Unified must fund 55 months of individualized compensatory education through EvoLibri for a 22-year-old denied FAPE for 39 months. (2014)

Summary

After OAH ordered Fresno Unified to provide compensatory education services through EvoLibri, EvoLibri's Jan Johnson-Tyler emailed ALJ Margaret Broussard about carrying out the decision. The email apparently went to no one else. She also mailed the judge a copy of a letter to the superintendent on the same subject. The Division Presiding ALJ explained that OAH no longer has jurisdiction once it issues its final decision. She ordered that neither EvoLibri nor the parties communicate directly with ALJ Broussard and said OAH would take no further action.

Why it matters

Once OAH issues its final decision, the hearing judge cannot help enforce or carry it out. Disputes about implementation must go elsewhere, such as a compliance complaint with the California Department of Education. Providers and parties should never contact the ALJ directly, without the other side.

People named in the order

  • Jan Johnson-Tyler, EvoLibri (compensatory education provider)
  • Margaret Broussard, Administrative Law Judge who issued the decision
  • Michael E. Hanson, Superintendent, Fresno Unified School District
  • Ruth Quinto, Deputy Superintendent, Fresno Unified School District
  • Tania Whiteleather, Attorney for Student

Topics

implementation of decision ex parte communication loss of jurisdiction compensatory education post-decision

Full text of the order

Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

In the Consolidated Matters of:

PARENT ON BEHALF OF STUDENT, OAH Case No. 2012100242 v.

FRESNO UNIFIED SCHOOL DISTRICT,

FRESNO UNIFIED SCHOOL DISTRICT, OAH Case No. 2012100291 v. NOTICE OF NO ACTION AND ORDER

CONCERNING COMMUNICATION

PARENT ON BEHALF OF STUDENT. WITH ADMINISTRATIVE LAW JUDGE

On September 21, 2014, Jan Johnson-Tyler of EvoLibri sent an email to Administrative Law Judge Margaret Broussard, who issued the decision in this case. The email concerned implementation of the decision. There is no indication that the email was sent to anyone else involved in this case. A copy of the email is attached.

On September 22, 2014, the Office of Administrative Hearings received a copy of a letter dated September 19, 2014, also from Ms. Johnson-Tyler addressed to Michael E.

Hanson, Superintendent, Fresno Unified School District. A copy of the letter was mailed to ALJ Broussard. The letter also concerned implementation of the decision. The letter indicates that copies were sent to Tania Whiteleather, attorney for Student, and Ruth Quinto, Deputy Superintendent, Fresno Unified.

OAH issued the final decision in this case on September 15, 2014, and a corrected decision on September 16, 2014. The decision orders Fresno Unified to provide compensatory education services through EvoLibri. Once OAH issued its decision, it no longer has jurisdiction of the case.

Neither EvoLibri nor the parties shall have any direct communication with ALJ Broussard. OAH shall take no further action in this case unless otherwise required by law.

DATE: September 30, 2014 / S/

JUDITH A. KOPEC

Division Presiding Administrative Law Judge Office of Administrative Hearings