California OAH special education order · November 22, 2013
Order Re Closing Briefs
OAH Case No. 2013080471 · ALJ Peter Paul Castillo
OAH directed both parties to discuss, in their closing briefs, a Pennsylvania decision and the duties of a correctional agency that 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 20 hours of tutoring for blocking juvenile hall instruction; most other claims denied. (2013)
Summary
On its own motion, OAH asked the parties to cover two things in their closing briefs. The first was State Correctional Institution Pine Grove Pennsylvania State Educational Agency (May 1, 2013) 113 LRP 32792, which the ALJ attached to the order. The second was the issues raised when a correctional agency, such as the Contra Costa County Probation Department, is also a responsible public educational agency. The order makes no ruling on the merits.
Why it matters
A county probation department can be the public agency responsible for special education. Advocates for students in juvenile detention should be ready to address how IDEA duties apply to correctional agencies.
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. 2013080471
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