California OAH special education order · July 12, 2016
Order Denying Motion for Additur Regarding Tolls
OAH Case No. 2016040750 · ALJ Margaret Broussard
OAH denied Student's request to add toll reimbursement to the final decision because OAH lost jurisdiction over the case once the final decision was issued.
This case went to decision
Student v. Tamalpais Union High School District: Tamalpais Union must fund a mental health IEE and reimburse 2015-2016 private school tuition over an unclear speech-language offer. (2016)
Summary
Student filed a motion for additur asking OAH to amend its decision to award reimbursement for tolls. The final decision had been issued on July 8, 2016. The order states the motion was filed on June 12, 2016. The Presiding ALJ denied the motion because OAH loses jurisdiction over a case once it issues a final decision, so it could not change the award.
Why it matters
Families must ask for every item of reimbursement, such as tolls and mileage, during the hearing, before the decision is issued. After OAH issues a final decision, it cannot add to the award, so any remaining relief must be pursued through an appeal to court.
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. 2016040750 v. ORDER DENYING MOTION FOR
ADDITUR REGARDING TOLLS
TAMALPAIS UNION HIGH SCHOOL
DISTRICT.
On July 8, 2016, a final decision was issued in this matter. On June 12, 2016, Student filed a motion for additur regarding tolls, asking that the decision be amended to award reimbursement to Student for tolls. Once the final decision was issued, the Office of Administrative Hearings lost jurisdiction in this matter. Therefore, the motion for additur is denied..
IT IS SO ORDERED.
DATE: July 12, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings