California OAH special education order · November 17, 2017

Order Denying Student's Motion to Compel

OAH Case No. 2017030950, 2017050146 · ALJ Theresa Ravandi

OAH denied Student's motion to compel Oakland to provide bus transportation and a one-to-one transit aide under a final expedited decision, because OAH loses jurisdiction after a decision and cannot enforce its decisions.

Denied Jurisdiction

This case went to decision

Student v. Oakland Unified School District (consolidated): Oakland Unified's 2016 psycho-educational evaluation upheld; parent not entitled to a publicly funded IEE despite a late IEP meeting. (2017)

This case went to decision

Student v. Oakland Unified School District (consolidated): Oakland Unified may move student to Highland Academy for 45 school days but must provide a one-to-one bus aide. (2017)

Summary

After OAH issued a final expedited decision approving Highland Academy as Student's interim alternative educational setting, Student moved to compel Oakland to comply by providing appropriate bus transportation and a one-to-one aide during transit. Oakland opposed. The ALJ ruled that once a final decision issues, OAH loses jurisdiction and has no authority to enforce its decisions or change them based on later events. The motion was denied for lack of jurisdiction, and Student remained free to file a new due process request on new claims.

Why it matters

Families cannot ask OAH to enforce its own final decisions. Enforcement must go to court or to a compliance complaint with the California Department of Education, and new problems may need a new due process filing.

Key authority cited

  • Ed. Code, § 56505, subd. (h)
  • Ed. Code, § 56505, subd. (k)
  • 20 U.S.C. § 1415(i)
  • 34 C.F.R. §§ 300.514, 300.516
  • Wyner v. Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026
  • Cal. Code Regs., tit. 5, § 4650, subd. (a)(7)(B)

Topics

enforcement lack of jurisdiction interim alternative educational setting transportation one-to-one aide expedited decision

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 Consolidated Matters of:

OAKLAND UNIFIED SCHOOL DISTRICT, OAH Case No. 2017030950 v.

PARENT ON BEHALF OF STUDENT,

PARENT ON BEHALF OF STUDENT, OAH Case No. 2017050146 v.

OAKLAND UNIFIED SCHOOL DISTRICT. ORDER DENYING STUDENT’S

MOTION TO COMPEL

On September 21, 2017, the undersigned administrative law judge issued a final expedited decision in this matter, finding that Oakland Unified School District’s proposed interim alternative educational setting of Highland Academy constitutes an appropriate interim setting for Student for not more than 45 school days. On November 15, 2017, Student filed a motion to compel Oakland to comply with September 21, 2017 Order requiring Oakland to provide appropriate bus transportation and a one-to-one aide during transit to and from Student’s interim alternative educational setting. On November 16, 2017, Oakland filed an opposition.

APPLICABLE LAW

Under the Individuals with Disabilities Education Act, decisions issued after an administrative due process hearing are final decisions and binding on all parties. (Ed. Code, § 56505, subd. (h).). 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.

(20 U.S.C. § 1415(i); 34 C.F.R. §§ 300.514 and 300.516 (2006); Ed. Code, § 56505 subd. (k).) Once a decision is issued, OAH loses jurisdiction over the matter. (Wyner v, Manhattan Beach Unified Sch. Dist. (9th Cir. 2000) 223 F.3d 1026, 1030.) OAH does not have jurisdiction to enforce its decisions. (Id. at 1029.) OAH orders may be enforced in a court of competent jurisdiction, or through a compliance complaint to the California Department of Education. (Ed. Code, § 56505, subd. (k); see, Cal. Code Regs., tit. 5, § 4650, subd. (a)(7)(B).)

DISCUSISON

OAH has issued a final expedited decision in this case and no longer has jurisdiction over the expedited portion of this matter including granting any additional relief related to Student’s interim alternative educational setting.1 Nothing in this Order prohibits Student from filing a new request for due process if she seeks to raise additional claims within OAH’s jurisdiction. OAH has no statutory or regulatory authority to alter the terms of a final decision based on factual developments subsequent to that decision. Accordingly, Student’s motion is denied for lack of jurisdiction.

ORDER

Student’s motion to compel is denied.

DATE: November 17, 2017

THERESA RAVANDI

Administrative Law Judge Office of Administrative Hearings The sole remaining non-expedited issue has been submitted for Decision.