California OAH special education order · September 8, 2016
Order of No Action
OAH Case No. 2015040532 · ALJ Peter Paul Castillo
OAH declined to vacate its own November 2015 Decision because the federal court judgment had already vacated it; OAH will only link that judgment to the Decision.
This case went to decision
Student v. Manhattan Beach Unified School District: Federal court vacated ALJ decision ordering Manhattan Beach Unified to make autism primary eligibility, fund a 1:1 ABA aide, and reimburse $4,190. (2015)
Summary
Manhattan Beach Unified School District sent OAH a letter asking it to vacate its November 25, 2015 Decision. The request was based on an August 30, 2016 federal district court judgment entered after the parties settled. OAH found that the judgment did not order OAH to vacate anything, because the court itself had already vacated the Decision. OAH said it would link the judgment to the Decision and take no further action.
Why it matters
When a federal court vacates an OAH decision as part of a settlement, the court's judgment does the vacating. OAH will simply note the judgment alongside its decision, so parties should check how the vacated decision appears in OAH's published records.
People named in the order
- Michael W. Fitzgerald, U.S. District Court Judge
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. 2015040532 v. ORDER OF NO ACTION
MANHATTAN BEACH UNIFIED
SCHOOL DISTRICT.
On September 1, 2016, the Office of Administrative Hearings received a letter from Manhattan Beach Unified School District that requested that OAH vacate its November 25, 2015 Decision in this matter based upon the August 30, 2016 judgment order by District Court Judge Michael W. Fitzgerald based upon the parties’ settlement agreement. A review of the August 30, 2016 judgment does not order OAH to vacate its Decision as the judgment states “that the November 25, 2015, decision rendered by the Office of Administrative Hearings (OAH) in Case No. 2015040532 is hereby VACATED.” (emphasis in original.)
OAH will link the August 30, 2016 judgment to the November 25, 2015 Decision.
Otherwise, OAH will take no further action in this matter.
IT IS SO ORDERED.
DATE: September 8, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings