California OAH special education order · May 22, 2015
Order Denying Motion to Compel District to Conduct Psychological Examination
OAH Case No. 2015030060 · ALJ Chris Butchko
OAH denied Parent's request to make the District's school psychologist evaluate Student for a conservatorship capacity declaration, because OAH has no power to issue orders in conservatorship proceedings.
Summary
Parent sent OAH a letter asking for help getting Los Angeles Unified School District's school psychologist to evaluate Student and prepare a Capacity Declaration for conservatorship proceedings. OAH treated the letter as a motion and denied it. OAH explained that its authority does not cover writs of mandamus for conservatorship proceedings. Parent would need to bring that kind of request in a court with proper authority, such as the Los Angeles County Superior Court. OAH also reminded Parent to serve the District's attorney with copies of everything she files with OAH.
Why it matters
OAH decides special education disputes, not conservatorship matters. Families who need a capacity declaration for a conservatorship must seek it through the superior court. Self-represented parents must also serve the district's attorney with copies of everything they file.
People named in the order
- Mary Kellogg, District's legal counsel
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. 2015030060 v. ORDER DENYING MOTION TO
COMPEL DISTRICT TO CONDUCT
LOS ANGELES UNIFIED SCHOOL PSYCHOLOGICAL EXAMINATION
DISTRICT.
On May 21, 2015, Parent filed a motion by letter with the Office of Administrative Hearings. In the letter, 1 Parent requests assistance in getting Los Angeles Unified School District’s school psychologist to evaluate Student and prepare a Capacity Declaration for the conservatorship proceedings.
The jurisdiction of the Office of Administrative Hearings does not extend to writs of mandamus for conservatorship proceedings. Parent must bring any such action in a court of appropriate power and jurisdiction, such as the Superior Court of California for the County of Los Angeles. Accordingly, the motion is denied.
IT IS SO ORDERED.
DATE: May 22, 2015
/ S/
CHRIS BUTCHKO
Administrative Law Judge Office of Administrative Hearings 1 Mother is reminded that she needs to serve upon District’s legal counsel, Mary Kellogg, copies of everything she filed with the Office of Administrative Hearings.