California OAH special education order · May 20, 2013
Order Following Pre-Hearing Conference
OAH Case No. 2012120476 · ALJ Clifford H. Woosley
OAH denied without prejudice District's motion to dismiss over Parent's lack of educational rights for an adult Student, and continued the case so Parent could obtain letters of conservatorship.
This case went to decision
Student v. Torrance Unified School District: Torrance Unified prevails on all speech and language claims for a nonverbal 19-year-old at a nonpublic school. (2013)
Summary
District moved to dismiss because Student turned 18 in April 2012, so Parent no longer held Student's educational rights and could not file the complaint. Student's counsel showed that Parent had applied to the Los Angeles Superior Court for conservatorship. The court had granted temporary letters, but they had not yet been issued because of court staffing. The ALJ denied the motion without prejudice, continued the prehearing conference to July 10, 2013 and the hearing to July 16–18, 2013, and gave Parent until June 28, 2013 to file letters of conservatorship. If the letters are not filed by then, District may move to dismiss again, and District kept the right to raise any harm caused by the delay.
Why it matters
When a student turns 18, educational rights transfer to the student unless a parent obtains conservatorship or other authority, so a parent filing for an adult student must be ready to prove standing. OAH may give a parent time to get conservatorship papers rather than dismissing right away.
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. 2012120476
v. ORDER FOLLOWING PRE-HEARING
CONFERENCE
TORRANCE UNIFIED SCHOOL
DISTRICT AND CAROUSEL SCHOOL
On May 20, 2013, a telephonic prehearing conference (PHC) was held before Administrative Law Judge (ALJ) Clifford H. Woosley, Office of Administrative Hearings (OAH). Geoffrey Berkin, Attorney at Law, specially appeared on behalf of Student (Student). Geoffrey Winterowd, Filarsky & Watt LLP, appeared on behalf of Torrance Unified School District (District). The PHC was recorded.
Based on discussion of the parties, the ALJ issues the following order District’s Motion to Dismiss: On May 14, 2013, District filed a motion to dismiss the complaint. District asserted that Student turned 18 years of age in April 2012, that Mother did not possess Student’s educational rights, and that Mother therefore did not have capacity to file the complaint herein.
In response to the motion, Mr. Berkin provided a conformed copy of Mother’s application for Letters for Conservatorship over Student, which was filed with the Superior Court for the County of Los Angles (LASC), in early May 2013. Mr. Berkin stated that Mother made an ex parte appearance before LASC and the court granted her request for Temporary Letters of Conservatorship. However, the court said it could not at that time issue the temporary letters because of LASC’s staffing. To date, the temporary letters have yet to be issued. Mr. Berkin requested that the matter be continued to allow Mother time to obtain the letters of conservatorship from LASC.
The ALJ rules as follows:
1. The District’s motion to dismiss is denied without prejudice.
2. Mr. Berkin’s request for a continuance is granted.
3. The PHC is continued to 1:30 PM, July 10, 2013.
4. The due process hearing is continued to July 16, 17, and 18, 2013, at10:00
AM the first day and 9:30 AM all other days, and continuing day to day, Monday through Thursday, as needed at the discretion of the ALJ.
5. Mr. Berkin shall serve a copy of the conservatorship application upon
District’s counsel.
6. Mr. Berkin may file and serve temporary or permanent letters of
conservatorship, appointing Mother conservator over Student, at any time up to close of business (COB) on June 28, 2013.
7. If letters of conservatorship are not filed by COB on June 28, 2013, District
may again file a motion to dismiss the due process.
8. If letters of conservatorship are timely filed in accordance with this order, the
District retains the right to file a motion regarding any rights it asserts may have been compromised by any delay in Mother obtaining Student’s educational rights.
IT IS SO ORDERED.
Dated: May 20, 2013 /s/
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings