California OAH special education order · June 25, 2013
Order Regarding Proof of Education Rights
OAH Case No. 2013060648 · ALJ Judith Kopec
OAH ordered the person claiming to be adult Student's conservator to prove he holds Student's education rights within three business days before OAH would communicate with him or act on his motion.
Summary
District filed a due process complaint about Student, who is over 18, and named a conservator without supplying any supporting documents. The claimed conservator moved to quash service of the scheduling order because it was sent to Student and not to him. OAH did not rule on the motion. It found that he had submitted no proof of a conservatorship covering Student's education rights, so OAH could not communicate with him, and it gave him three business days to submit that proof.
Why it matters
When a student is over 18, education rights belong to the student unless someone proves legal authority, such as a conservatorship order covering education decisions. Families should file that documentation with OAH right away so they can take part in the case and receive notices.
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:
TUSTIN UNIFIED SCHOOL DISTRICT, OAH CASE NO. 2013060648
v. ORDER REGARDING PROOF OF
EDUCATION RIGHTS
STUDENT.
District filed a request for due process hearing (complaint) concerning Student, who is over 18 years of age. In the complaint, District names Philip Sallaway as Student’s conservator, but did not include any documentation in support of this. The Office of Administrative Hearings (OAH) opened a case and issued a scheduling order dated June 18, 2013. OAH served District and Student with the scheduling order.
On June 25, 2013, Philip E. Sallaway filed a “Motion to Quash Service on Student” in which Mr. Sallaway states he was appointed conservator for Student on January 12, 2012. Since he was not served with a copy of the scheduling order, Mr. Sallaway moves that service of the scheduling order be quashed. Mr. Sallaway did not submit anything proving that he was appointed conservator of Student who can exercise Student’s education rights. Without proof that Mr. Sallaway holds education rights concerning special education services, OAH is unable to communicate with him. Accordingly, Philip E. Sallaway has three business days from the date of this order to submit proof that he holds Student’s education rights.
Dated: June 25, 2013 /s/
JUDITH KOPEC
Division Presiding Administrative Law Judge Office of Administrative Hearings