California OAH special education order · July 22, 2016
Order of No Action
OAH Case No. 2016060409 · ALJ Peter Paul Castillo
OAH declined to act on Parent's letter asking to set aside the settlement with the District and go to hearing, because the letter was not served on District's counsel and was not a formal motion.
Summary
Parent sent OAH a letter asking it to set aside the settlement agreement with Los Angeles Unified School District and send the case to hearing. The letter did not appear to have been copied to District's legal counsel. OAH took no action on the request. It told Parent that every document sent to OAH must also be served at the same time on District's counsel, and that reopening the case requires a formal motion served on District's counsel.
Why it matters
A parent who wants to undo a settlement must file a formal motion and serve a copy on the district's attorney; an informal letter sent only to OAH will not be acted on.
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:
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2016060409
DISTRICT,
ORDER OF NO ACTION
v.
PARENT ON BEHALF OF STUDENT.
On July 22, 2016, the Office of Administrative Hearings received a letter, from Student’s Parent that requested to set aside the settlement agreement reached between Parent on behalf of Student and Los Angeles Unified School District and have the matter to proceed to hearing. It does not appear that the letter was copied to District’s legal counsel. OAH will not act on the letter, other than to inform Parent, on behalf of Student, that a copy of all documents served on OAH must also be served concurrently on District’s legal counsel. If Parent seeks that OAH set aside the settlement agreement and reopen the case, Student must file a formal motion and serve a copy of the motion on District’s legal counsel.
IT IS SO ORDERED.
DATE: July 22, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings