California OAH special education order · December 31, 2018
Notice of No Action
OAH Case No. 2018090236, 2018080781 · ALJ Ted Mann
OAH took no action on Parents' request to stay part of its final Decision pending appeal because OAH loses jurisdiction once a final decision issues.
This case went to decision
Student v. Garden Grove Unified School District (consolidated): Garden Grove Unified's triennial IEP offered FAPE and may be implemented; district's request to finish assessments without consent denied. (2018)
Summary
After OAH issued a final Decision on December 17, 2018, Student asked OAH to stay, pending appeal, the part of the Decision that let Garden Grove implement the May 25, 2018 IEP over Parents' objection. Garden Grove opposed, and Student filed a reply. OAH ruled that due process decisions are final and may be appealed to court within 90 days. Because OAH loses jurisdiction once it issues a decision, and Student showed no basis for continued jurisdiction, OAH took no action on the request.
Why it matters
Once OAH issues a final decision, it cannot stay or change that decision. A family that wants to stop a district from implementing an IEP the decision approved must seek relief in court, within the 90-day appeal deadline.
Key authority cited
- Ed. Code, § 56505, subd. (k)
- 20 U.S.C. § 1415 (IDEA)
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 Consolidated Matters of:
GARDEN GROVE UNIFIED SCHOOL OAH Case No. 2018090236
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018080781 v. NOTICE OF NO ACTION
GARDEN GROVE UNIFIED SCHOOL
DISTRICT.
On December 17, 2018, Administrative Law Judge Ted Mann issued a final Decision in the above referenced matter. On December 24, 2018, Student filed a document entitled: “Parents Motion Requesting Stay On Final Order”, seeking a stay pending appeal of the portion of the order in the final Decision permitting Garden Grove to implement the May 25, 2018 individualized educational program over Parents’ objection. On December 27, 2018, Garden Grove filed an opposition to Student’s Motion. On December 28, 2018, Student filed a Response to District’s Opposition.
APPLICABLE LAW AND DISCUSSION
Under the Individuals with Disabilities Education Act, decisions issued after an administrative due process hearing are final decisions. 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).) Once a decision is issued OAH loses jurisdiction over the matter.
Student’s letter requests that a portion of the order in the final Decision be stayed pending appeal. The changes Student requests are substantive changes to the final Decision and Student failed to establish that OAH has jurisdiction over this matter after the issuance of the December 17, 2018 final Decision. Accordingly, OAH shall take no action on Student’s letter for lack of jurisdiction.
ORDER
OAH’s December 17, 2018 Decision is final and no action shall be taken as to Student’s December 24, 2019 Motion requesting a post-decision stay of order.
DATE: December 31, 2018
TED MANN
Administrative Law Judge Office of Administrative Hearings