California OAH special education order · April 10, 2017
Order Denying Motion for Preliminary Injunction
OAH Case No. 2017020910 · ALJ Paul H. Kamoroff
OAH denied Student's motion for a preliminary injunction because it has no authority to issue injunctions, and the failure-to-implement and private placement reimbursement claims must be decided after a full hearing.
This case went to decision
Student v. Capistrano Unified School District et al.: Capistrano Unified and Community Roots Academy prevail on all claims over assistive technology, behavior assessment, and IEP participation. (2017)
Summary
Student asked OAH, before the hearing, to find that District and Community Roots failed to implement his IEP and that his private school placement was appropriate, and to order reimbursement for that placement. District and Community Roots opposed. OAH denied the motion because it has no statutory authority or jurisdiction to issue preliminary injunctions, and Student's motion did not ask for stay put, the closest available remedy. OAH also found that these issues require findings after a hearing, where both sides can present evidence and cross-examine witnesses, and Student's request improperly tried to bypass those rights.
Why it matters
Families cannot get early rulings on the merits or reimbursement through a preliminary injunction at OAH. To keep a placement in place while the case is pending, request stay put, and save reimbursement claims for the hearing.
Key authority cited
- Ed. Code § 56505(e)
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. 2017020910 v. ORDER DENYING MOTION FOR
PRELIMINARY INJUNCTION
CAPISTRANO UNIFIED SCHOOL
DISTRICT AND COMMUNITY ROOTS
ACADEMY.
On February 17, 2017, Parent on behalf of Student filed a due process hearing request with the Office of Administrative Hearings, naming Capistrano Unified School District and Community Roots Academy.
On March 31, 2017, Student filed a motion for preliminary injunctive relief.1 Student requests that OAH find that District and Community Roots failed to implement his individualized education program, that his private school placement is appropriate, and order reimbursement for the private school placement, prior to hearing. District and Community Roots submitted an opposition on April 5, 2017.
Preliminary Injunction OAH has no statutory authority or jurisdiction to issue preliminary injunctions. The closest analogue is a motion for stay put, which is not included in Student’s request. OAH therefore has no jurisdiction to grant Student’s request.
Moreover, the issues alleged by Student require a judicial finding after a hearing. The parties have the right to present evidence, arguments, and to examine and cross examine witnesses, prior to a decision. (Ed. Code § 56505(e).) Student improperly seeks to Included in Student’s motion was a response to District and Community Roots’ request for continuance. The response is moot because OAH granted the request for continuance on March 30, 2017.
circumvent those rights. Accordingly, Student’s request is DENIED.
IT IS SO ORDERED.
DATE: April 10, 2017
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings