California OAH special education order · July 7, 2014
Order Dismissing Case Following Remand
OAH Case No. 2012110566 · ALJ Robert F. Helfand
OAH dismissed Student's case because a federal district court vacated the OAH hearing decision and sent the matter back with instructions to dismiss.
This case went to decision
Student v. San Diego County Office of Education: San Diego County Office of Education must find and implement a residential placement for a detained student; OT violation also found. (2013)
Summary
The U.S. District Court for the Southern District of California granted a motion to dismiss in an appeal brought by the San Diego County Office of Education. It vacated OAH's hearing decision and remanded the case with instructions to dismiss. OAH followed those instructions and dismissed Student's case. The order gives no reasons beyond complying with the federal court's order.
Why it matters
An OAH hearing decision can be appealed to federal court and wiped out there. If a federal court vacates the decision and orders dismissal, OAH must follow that order, and any relief the family won at hearing can be lost.
Key authority cited
- San Diego County Office of Education v. [Parent] et al. (S.D.Cal. June 20, 2014, No. 13-CV-1647-BEN (BLM))
Topics
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012110566
v. ORDER DISMISSING CASE
FOLLOWING REMAND
COUNTY OF SAN DIEGO OFFICE OF
EDUCATION.
In compliance with the “Order (a) Granting Motion to Dismiss; (2) Vacating Hearing Decision; and (3) Remanding Appeal with Instructions to Dismiss” in San Diego County Office of Education v. [Parent] et al. (S.D.Cal. June 20, 2014, No. 13-CV-1647-BEN (BLM)), this matter is dismissed.
DATE: July 7, 2014
/S/
ROBERT F. HELFAND
Administrative Law Judge Office of Administrative Hearings