California OAH special education order · May 19, 2016
Order of No Action
OAH Case No. 2016040803 · ALJ Peter Paul Castillo
OAH declined to act on Mother's requests for District testing and home-hospital instruction because they were not a formal motion and overlapped with the relief sought at the pending hearing.
This case went to decision
Carlsbad Unified School District v. Student: Carlsbad Unified may conduct a 13-year-old's first triennial reassessment without Parents' consent, the ALJ rules. (2016)
Summary
Student's Mother sent OAH documents asking that Carlsbad Unified School District give Student specified testing and place Student on home-hospital instruction. OAH took no action because Student had not filed a formal motion, and the requests appeared to be the same relief at issue in the pending hearing. OAH said that if Student wants it to act, Student must file a formal motion that states exactly what relief is sought and why OAH should grant it.
Why it matters
Sending OAH letters or documents asking for relief is not enough. Parents must file a formal motion stating the specific relief requested and the legal grounds, and relief that belongs to the merits of the case will usually wait for the hearing.
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:
CARLSBAD UNIFIED SCHOOL OAH Case No. 2016040803
DISTRICT,
ORDER OF NO ACTION
v.
PARENT ON BEHALF OF STUDENT.
On May 18, 2016, the Office of Administrative Hearings received a series of documents from Student’s Mother that requested that Carlsbad Unified School District administer specified testing on Student and place Student on home-hospital instruction.
Mother indicates that a copy was provided to District’s legal counsel. OAH will not act on the documents as Student did not make a formal motion, and the requests appear to go the proposed resolutions sought in the pending hearing in this matter. If Student seeks that OAH take further action, Student must file a formal motion and state explicitly the relief sought and the grounds why OAH should grant the requested relief.
IT IS SO ORDERED.
DATE: May 19, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings