California OAH special education order · May 22, 2017
Notice of No Action
OAH Case No. 2017010041 · ALJ Peter Paul Castillo
OAH took no action on Parents' notices to delay court-ordered assessments because its final decision allowing the District to assess without consent ended OAH's jurisdiction; any change requires a court appeal.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess student without parental consent under its November 2016 comprehensive assessment plan. (2017)
Summary
OAH issued a decision on May 19, 2017, allowing Anaheim City School District to assess Student without Parents' consent, and closed the case. On May 22, 2017, Parents filed notices asking to delay the assessments because of Student's health. OAH explained that its decision was a final administrative determination and it no longer had jurisdiction. The only way to change the decision is an appeal to a court within 90 days, and OAH said it will not respond to further requests about carrying out the decision.
Why it matters
Once OAH issues a final decision, it cannot modify or delay it. Parents who disagree, including for health reasons, must appeal to a court within 90 days or work out timing directly with the district.
Key authority cited
- Ed. Code, § 56505, subd. (h)
- Ed. Code, § 56505, subd. (k)
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:
ANAHEIM CITY SCHOOL DISTRICT, OAH Case No. 2017010041 v. NOTICE OF NO ACTION
PARENT ON BEHALF OF STUDENT.
The Office of Administrative Hearings issued a decision in this matter on May 19, 2017, and closed the case. The decision permits Anaheim City School District to assess Student without Parents’ consent. On May 22, 2017, Parents on behalf of Student filed notices to delay the assessments of Student due to Student’s health.
OAH issued a final administrative determination in this matter. (Ed. Code, § 56505, subd. (h).) If Student wishes to modify the decision, Student will need to file an appeal. A party aggrieved by such an administrative decision may appeal that decision to a court of competent jurisdiction within 90 days of the issuance of the decision. (Ed. Code, § 56505 subd. (k).) As a result, OAH no longer has jurisdiction and will take no action concerning Student’s request. Additionally, OAH will not respond to any further requests by Parents on behalf of Student regarding the implementation of the decision.
IT IS SO ORDERED.
DATE: May 22, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings