California OAH special education order · September 7, 2018
Order to Show Cause, Student's Educational Rights
OAH Case No. 2018080788 · ALJ Alexa J. Hohensee
OAH ordered Parent to prove she holds her adult son's educational rights by September 24, 2018, or the case will be dismissed, because his rights transferred to him at age 18.
Summary
Parent filed a due process complaint against Anaheim Union High School District on behalf of Student, who is over 18. On its own motion, OAH noted that a prior complaint by Parent had been dismissed for the same issue, and that Parent had filed no proof of a transfer of educational rights or a conservatorship. Under Education Code section 56041.5, parental rights transfer to the student at 18. OAH ordered Parent to serve documentation that she holds Student's educational rights by September 24, 2018, or the matter would be dismissed.
Why it matters
Once a student turns 18, a parent cannot file for due process on the student's behalf without proof of a transfer of educational rights or a conservatorship. Families should get that paperwork in place before filing.
Key authority cited
- Ed. Code, § 56041.5
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. 2018080788 v. ORDER TO SHOW CAUSE,
STUDENT’S EDUCATIONAL RIGHTS
ANAHEIM UNION HIGH SCHOOL
DISTRICT.
On August 14, 2018, Parent on behalf of Student filed a request for due process hearing (complaint) with the Office of Administrative Hearings against Anaheim Union High School District.
In a previous matter filed before OAH by Parent on behalf of Student, upon evidence that Student was over the age of 18 years, OAH issued an order to show cause why that matter should not be dismissed unless Parent established that she had a transfer of Student’s educational rights or conservatorship over Student. Parent requested dismissal of that matter rather than filing such proof, and the prior complaint was dismissed.
APPLICABLE LAW
Education Code section 56041.5 provides:
When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights.
DISCUSSION
Parent has not filed any documentation that Student, who is over the age of 18, has transferred his educational rights to Parent or that Parents have obtained legal conservatorship over Student. Parent is not permitted to file a hearing request on behalf of Student unless she possess his educational rights either through a transfer or obtaining conservatorship over Student. Accordingly, unless Parent provides such proof that they possess Student’s educational rights, OAH will dismiss this complaint.
ORDER
1. Parent is ordered to serve OAH and Anaheim Union with documentation that
she possesses Student’s educational rights no later than September 24, 2018.
2. Failure by Parent to produce documentation that she possesses Student’s
educational rights will cause OAH to dismiss this matter.
DATE: September 7, 2018
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings