California OAH special education order · August 24, 2016
Order for Supplemental Information from Student
OAH Case No. 2016080693 · ALJ Bob N. Varma
OAH ordered Student to file the child's residence address within five days, because federal and state law require every due process complaint to include the address of the child's residence.
Summary
Student's due process complaint against Los Angeles Unified listed the residence only as "on file with District." Student's counsel told OAH staff that the family did not want to disclose the address and that counsel would pass OAH's communications on to the family. On its own motion, OAH found that refusing to give the address violates 34 C.F.R. 300.508(b)(2) and Education Code section 56502(c)(1)(A). It ordered Student to file the residence address with OAH by close of business on August 29, 2016.
Why it matters
Families cannot leave the child's home address out of a due process complaint, even for privacy reasons, and even if counsel offers to relay OAH's communications. Parents should include the address up front to avoid delays and orders like this one.
Key authority cited
- Ed. Code, § 56502, subd. (a)
- Ed. Code, § 56502, subd. (c)(1)(A)
- 34 C.F.R. § 300.508(b)(2)
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. 2016080693 v. ORDER FOR SUPPLEMENTAL
INFORMATION FROM STUDENT
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On August 9, 2016, Student filed a request for hearing (complaint), with the Office of Administrative Hearings, against the Los Angeles Unified School District. The complaint sets out Student’s name; Parent’s name; family’s telephone number; Student’s date of birth;
Student’s grade level; Student’s school of attendance; and the school district of residence.
With respect to Student’s address, the complaint states “Residence on file with District.”
When OAH staff requested Student’s address from Student’s counsel, Bryan Winn, Mr.
Winn informed OAH that his client did not wish to disclose the address and Mr. Winn would ensure that all communications from OAH were passed on to his client.
DISCUSSION AND ORDER
Pursuant to Education Code section 56502, subdivision (a), all requests for due process hearings in California are to be filed with OAH, as the agency contracted by the Superintendent of Public Instruction to conduct due process hearings. 34 C.F.R.
300.508(b)(2) and Education Code section 56502, subdivision (c)(1)(A), require that any request for due process hearing contain the address of the residence of the child for whom the hearing is requested. Student’s refusal to disclose his address of residence to OAH is in violation of the applicable law. Accordingly, Student is ordered to file the address of his residence with OAH by close of business on August 29, 2016.
DATE: August 24, 2016
BOB N. VARMA
Division Presiding Administrative Law Judge Office of Administrative Hearings