California OAH special education order · June 30, 2014
Order for Supplemental Evidence on Motion to Dismiss
OAH Case No. 2014030894, 2014050203 · ALJ Theresa Ravandi
OAH deferred ruling on Twin Rivers' motion to dismiss for lack of standing and jurisdiction, ordering both parties to file certified Juvenile Court orders limiting Parent's educational rights by July 9, 2014.
This case went to decision
Student v. Twin Rivers Unified School District (consolidated): Twin Rivers Unified must provide 34 hours of compensatory behavior services; its special day class offer may be implemented. (2014)
Summary
Twin Rivers moved to dismiss Student's due process complaint. It argued that OAH lacked jurisdiction, that Parent lacked standing because Juvenile Court orders had limited Parent's educational rights and referred Student for a surrogate parent, and that unclean hands barred relief. Student filed no response but submitted copies of the Juvenile Court orders and a power of attorney in which Parent designated a grandparent to authorize educational services. OAH found it needed more evidence before ruling, so it ordered both parties to file certified copies of the Juvenile Court orders by July 9, 2014, and invited Student to respond to the motion by then.
Why it matters
When a juvenile court limits a parent's educational rights, OAH will look closely at the certified court orders to decide who has standing to pursue a due process case. Families should be ready to document who holds educational rights, and should respond to motions that challenge standing.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014030894 v.
TWIN RIVERS UNIFIED SCHOOL
DISTRICT,
TWIN RIVERS UNIFIED SCHOOL OAH Case No. 2014050203
DISTRICT,
v.
ORDER FOR SUPPLEMENTAL
PARENT ON BEHALF OF STUDENT. EVIDENCE ON MOTION TO DISMISS
On June 24, 2014, Twin Rivers Unified School District (Twin Rivers) filed a Motion to Dismiss Student’s request for due process hearing filed March 24, 2014, asserting that the Office of Administrative Hearings lacks jurisdiction over Student’s case, that Parent lacked standing to proceed to hearing, and that Parent was not entitled to relief based upon the doctrine of unclean hands. Twin Rivers’ motion is supported by a declaration of Attorney Kyle Raney, and copies of orders from the Superior Court of California, County of Sacramento, Sitting as the Juvenile Court (Juvenile Court) limiting Parent’s educational rights and referring Student to the local educational agency for appointment of a surrogate parent, dated May 16, 2014.
Student has not filed a response, but submitted copies of the Juvenile Court’s orders dated May 16, 2014, as well as a certificate of mailing from the Juvenile Court dated June 18, 2014, and a notarized power of attorney dated August 13, 2009, and updated May 17, 2012, wherein Parent designated grandparent to authorize educational services for Student.
Additional evidence is required before a ruling may be made on the pleadings.
ORDER
By 5:00 p.m. on July 9, 2014, each party shall file with OAH certified copies of the Juvenile Court orders limiting Parent’s educational rights and referring Student to the local educational agency for the appointment of an educational surrogate. If Student wishes to respond to Twin Rivers’ motion, he is encouraged to do so no later than July 9, 2014.
IT IS SO ORDERED.
DATE: June 30, 2014
/S/
THERESA RAVANDI
Administrative Law Judge Office of Administrative Hearings