California OAH special education order · October 8, 2015
Order That Parent Document Transfer of Educational Rights
OAH Case No. 2015070667 · ALJ Alexa J. Hohensee
OAH ordered Parent to file proof that her adult child transferred educational rights to her by October 15, 2015, warning the case could face dismissal if neither proof is filed nor Student appears.
Summary
At a prehearing conference, Parent said she held Student's educational rights and had given District a copy of Student's transfer of those rights to her. She had not filed that proof with OAH. Educational rights pass to a student at age 18 unless the student has been found incompetent, but an adult student may assign decision-making authority back to a parent. OAH ordered Parent to file the transfer document by October 15, 2015. If she does not, and Student does not personally appear at hearing, the case may be subject to a motion to dismiss.
Why it matters
When a student is 18 or older, a parent who brings a due process case must be able to show OAH a written transfer of educational rights. Giving a copy only to the district is not enough, and missing proof can put the whole case at risk.
Key authority cited
- Ed. Code, § 56041.5
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:
STUDENT, OAH Case No. 2015070667 v. ORDER THAT PARENT DOCUMENT
TRANSFER OF EDUCATIONAL
LOS ANGELES UNIFIED SCHOOL RIGHTS
DISTRICT.
During a prehearing conference before the Office of Administrative Hearings on October 5, 2015, Parent appeared on behalf of Student and represented that she held Student’s educational rights, and that she had provided District with a copy of Student’s transfer of educational rights to Parent. However, Parent has not filed proof with OAH that she holds Student’s educational rights.
When a student with exceptional needs is a minor, his or her parents hold the educational rights for the student. Once the student reaches the age of majority at 18 years of age, the educational rights transfer to the student, with the exception of a student who has been determined to be incompetent. (Ed. Code, § 56041.5.) This statute does not prohibit a non-conserved adult from assigning educational decision making authority back to his or her parents, or another representative, after the non-conserved adult is deemed to possess those rights.
ORDER
1. Parent shall file a copy of Student’s transfer of educational rights to Parent
with OAH no later than October 15, 2015.
2. If Parent fails to file with OAH a copy of Student’s transfer of educational
rights to Parent by October 15, 2015, and Student does not personally appear at the hearing, then the matter may be subject to a motion to dismiss.
DATE: October 8, 2015
/S/
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings