California OAH special education order · November 22, 2013
Order Re Closing Briefs
OAH Case No. 2013080449 · ALJ Peter Paul Castillo
OAH directed both parties to address, in their closing briefs, a Pennsylvania decision and the issues raised when a correctional agency like the county probation department is also a responsible public educational agency.
This case went to decision
Student v. Contra Costa County Probation Department: Contra Costa County Probation must fund one hour of tutoring for one day it blocked instruction; other claims denied. (2013)
This case went to decision
Student v. Contra Costa County Probation Department: ALJ rules OAH has jurisdiction over Contra Costa County Probation only when it blocks wards on security status from all CCCOE instruction. (2013)
Summary
On its own motion, OAH told the parties what to cover in their closing briefs. The ALJ asked them to discuss a May 2013 Pennsylvania state educational agency decision involving State Correctional Institution Pine Grove, which was attached to the order. The parties were also asked to address issues that arise when a correctional agency, such as the Contra Costa County Probation Department, is also the public agency responsible for a student's education. The order does not decide any issue.
Why it matters
The order shows that a county probation department can be treated as the responsible educational agency in a special education case. Advocates for students in juvenile detention should be ready to brief how special education duties apply in correctional settings.
Key authority cited
- State Correctional Institution Pine Grove Pennsylvania State Educational Agency (May 1, 2013) 113 LRP 32792
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:
EDUCATIONAL RIGHTS HOLDER ON OAH CASE NO. 2013080449
BEHALF OF STUDENT,
ORDER RE CLOSING BRIEFS
v.
CONTRA COSTA COUNTY PROBATION
DEPARTMENT.
In the parties’ closing briefs, they are requested to discuss State Correctional Institution Pine Grove Pennsylvania State Educational Agency (May 1, 2013) 113 LRP 32792, which is attached, and issues regarding a correctional agency, such as the Contra Costa County Probation Department, that is also a responsible public educational agency.
IT IS SO ORDERED.
Dated: November 22, 2013 /s/
PETER PAUL CASTILLO
Administrative Law Judge Office of Administrative Hearings