California OAH special education order · June 4, 2015

Order Dismissing Student's Complaint Without Prejudice

OAH Case No. 2015030060 · ALJ Peter Paul Castillo

OAH dismissed without prejudice a complaint Parent filed for a 21-year-old Student because Parent never proved she held conservatorship or that Student had transferred his educational rights to her.

Ruling Educational rights and standing

Summary

Parent filed a due process complaint against Los Angeles Unified School District on behalf of Student, who was 21 years old. OAH ordered Parent to show cause why the case should not be dismissed. The order was later amended to let her prove standing either through conservatorship or through Student transferring his educational rights to her. Parent submitted neither, so OAH dismissed the case without prejudice and said she may refile if she obtains conservatorship or Student transfers his rights to her.

Why it matters

Once a student turns 18, educational rights pass to the student, so a parent who files for an adult student must show conservatorship or a written transfer of rights, or the case will be dismissed. The order also notes that districts must give notice of this transfer of rights under Education Code section 56041.5.

Key authority cited

Ed. Code § 56041.5

Topics

standing adult student transfer of educational rights conservatorship order to show cause dismissal without prejudice

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. 2015030060 v. ORDER DISMISSING STUDENT’S

COMPLAINT WITHOUT PREJUDICE

LOS ANGELES UNIFIED SCHOOL

DISTRICT.

On February 26, 2015, Mother, on behalf of Student, filed with the Office of Administrative Hearings a request for a due process hearing against the Los Angeles Unified School District. Student was 21 years old when Mother filed the complaint on his behalf.

Mother did not include any documentation that she possessed conservatorship over Student or that Student had transferred his educational rights to her. 1 On May 18, 2015, as part of an Order Following Prehearing Conference, Student’s Mother was directed to show cause by May 27, 2015, why this matter should not be dismissed by presenting proof that she had been appointed Conservator for Student. The purpose of proving her Conservatorship over Student was to demonstrate that she held Student’s educational rights and was therefore the proper party to bring suit over his education and placement.

On May 22, 2015, the Order to Show Cause was amended to inform Mother that she would also have standing to bring suit if she were assigned Student’s educational rights by him. As that was not expressed as a means by which she could show cause in the previous order, the previous order was incomplete. Accordingly, the previous order to show cause was amended, and Mother given until June 2, 2015, to comply.

Mother has not submitted documents that comply with the amended order to show cause that Student has either transferred his educational rights to her or that she has obtained 1 It is not stated in Student’s complaint or District’s prehearing conference statement how Mother was permitted to attend Student’s individualized educational plan team meetings after his 18th birthday and make educational decisions on his behalf. It is not known if District complied with Education Code section 56041.5 and notified Mother and Student that when Student reached the age of 18, that Student’s educational rights and decision making power transferred to him.

conservatorship over Student. Therefore, OAH Case No. 2015030060 is dismissed without prejudice. Mother may refile this matter with OAH if Student transfers his educational rights to Mother or Mother obtains conservatorship over Student.