California OAH special education order · January 24, 2014
Order Denying Request for Reconsideration
OAH Case No. 2013080692 · ALJ Sabrina Kong
OAH denied District's request to substitute Kumon for a nonpublic agency as Student's compensatory education provider, because the decision was final and OAH lacked jurisdiction to change the remedy.
This case went to decision
Student v. Rosedale Union Elementary School District: Rosedale Union Elementary must fund 72 hours of reading tutoring for a child find delay; three other claims denied. (2013)
Summary
After a due process hearing and a corrected decision issued December 12, 2013, District asked OAH to change the remedy. It wanted Kumon to provide Student's compensatory education instead of a nonpublic agency (NPA). District said no NPA in Kern County could provide the ordered services and that Parent had asked for Kumon. OAH found the motion was not a true correction but a request to reopen the record or reconsider the remedy, and it denied the motion because OAH loses jurisdiction once a final decision issues.
Why it matters
Once OAH issues a final due process decision, it cannot change the ordered remedy, even if the ordered provider type turns out to be unavailable. Families and districts must change services by agreement or appeal to court within 90 days.
Key authority cited
- Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026
- Ed. Code, § 56505, subd. (k)
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. 2013080692
v. ORDER DENYING REQUEST FOR
RECONSIDERATION
ROSEDALE UNION ELEMENTARY
SCHOOL DIST.
Administrative Law Judge, Sabrina Kong, from the Office of Administrative Hearings (OAH), State of California, heard this matter on October 29, 30, and November 4, 2013 in Bakersfield, California. The record was closed and the matter submitted on November 18,
2013. A corrected decision was issued on December 12, 2013.
On January 22, 2014, Rosedale Union School District (District) filed a Motion for a Corrected Decision and Order (Motion) requesting that OAH substitute Kumon, in lieu of a non-public agency (NPA), to provide compensatory education to Student. District represented that no NPA in Kern County could provide Student with the compensatory education ordered and that parent requested that Kumon provide the services in lieu of the
NPA.
Under the Individuals with Disabilities Education Act, decisions issued after an administrative due process hearing are final decisions. A party aggrieved by such an administrative decision may appeal that decision to a court of competent jurisdiction within 90 days of the issuance of the decision. (Wyner v, Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026, 1030; Ed. Code, § 56505 subd. (k).) Once a decision is issued OAH loses jurisdiction over the matter.
Here, the Motion is not seeking a correction, but instead is seeking to reopen the record for consideration of additional evidence and/or a reconsideration of the remedy order.
Because the decision is now final, OAH has no jurisdiction to reconsider the relief granted in the decision. Accordingly, District’s motion must be denied.
IT IS SO ORDERED.
Dated: January 24, 2014 /s/
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings