California OAH special education order · August 2, 2016
Order Denying Motion to Set Aside Settlement Agreement
OAH Case No. 2016060409 · ALJ Joy Redmon
OAH denied Student's motion to set aside a final settlement agreement, ruling it lacks jurisdiction to rescind settlements when a party challenges the agreement's validity, such as by claiming coercion.
Summary
Four days after the parties signed a final settlement agreement, Student moved to set it aside and go forward with the scheduled due process hearing. Parent said she was rushed and felt coerced into signing. The District opposed, arguing OAH has no power to vacate settlement agreements. OAH agreed and denied the motion, explaining that its jurisdiction is narrow and does not include undoing a settlement whose validity is disputed, and that Parent cited no authority to the contrary. The case stays closed.
Why it matters
Once a parent signs a final settlement agreement, OAH generally will not undo it, even if the parent says they felt rushed or pressured. Parents should take time to review settlement terms with counsel before signing, because challenges to a settlement's validity must be brought elsewhere, not at OAH.
Key authority cited
- 20 U.S.C. § 1415(b)(6)
- Ed. Code, § 56501, subd. (a)
- Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026
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 DENYING MOTION TO SET
v. ASIDE SETTLEMENT AGREEMENT
PARENT ON BEHALF OF STUDENT.
On July 25, 2016, Student filed a motion to set aside the final settlement agreement entered into between the parties on July 21, 2016, and proceed with the previously scheduled due process hearing. On July 29, 2016, Los Angeles Unified School District filed an opposition to Student’s motion asserting that the Office of Administrative Hearings lacks jurisdiction to vacate settlement agreements.
APPLICABLE LAW
Parties have the right to present a complaint “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” (20 U.S.C. § 1415(b)(6); Ed. Code, § 56501, subd. (a).) OAH has jurisdiction to hear due process claims arising under the Individuals with Disabilities Education Act. (Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir.
2000) 223 F.3d 1026, 1028-1029 [hereafter Wyner].)
DISCUSSION
There is no dispute that the parties entered into a final settlement agreement resolving all claims raised in the instant matter. Rather, Parent asserts that she was rushed and felt coerced into signing the settlement agreement. OAH’s jurisdiction is very narrow and does not include rescission of settlement agreements when a dispute raises the validity of the agreement. Parent provided no legal authority to the contrary.
ORDER
1. Student’s motion to set aside the July 21, 2016, settlement agreement is
denied.
2. OAH Case No. 2016060409 remains closed.
IT IS SO ORDERED.
DATE: August 2, 2016
JOY REDMON
Administrative Law Judge Office of Administrative Hearings