California OAH special education order · October 1, 2018
Order of Dismissal
OAH Case No. 2018090539 · ALJ Alexa J. Hohensee
OAH dismissed Parent's mediation-only request for an adult Student because Parent showed no transfer of educational rights or conservatorship, and barred Parent from getting around an earlier order by withdrawing and refiling.
Summary
In an earlier case, OAH ordered Parent to show she held a transfer of Student's educational rights or a conservatorship, because Student was over 18. Parent withdrew that complaint instead. The same day she filed a mediation-only request against Anaheim, again without that proof. On its own motion, OAH dismissed the new request, ruling that Parent cannot appear for an adult Student without a valid transfer of educational rights or a court conservatorship order, and cannot avoid the earlier order by serially dismissing and refiling. It also ordered that any future filings by Parent on Student's behalf must include that proof.
Why it matters
Once a student turns 18, educational rights pass to the student, so a parent needs a signed transfer of educational rights or a conservatorship to file with OAH, even for mediation only. Withdrawing and refiling will not get around that requirement.
Key authority cited
- Ed. Code, § 56028, subd. (b)(2)
- 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. 2018090539 v.
ANAHEIM UNION HIGH SCHOOL ORDER OF DISMISSAL
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, OAH case number 2018080788.
On September 7, 2018, OAH issued an Order to Show Cause why Student’s complaint should not be dismissed unless Parent established that she held a transfer of Student’s educational rights or conservatorship over Student, who was over the age of eighteen.
Parent did not submit evidence to establish that she held a transfer of Student’s educational rights or conservatorship over Student. Instead, Parent withdrew the complaint, and OAH case number 2018080788 was dismissed by Order dated September 17, 2018.
On September 17, 2018, Parent on behalf of Student filed a request for mediation only against Anaheim in the current matter, OAH case number 2018090538. The request was not accompanied by a showing that Parent holds a transfer of Student’s educational rights or conservatorship over Student.
Parent should not be permitted to circumvent OAH’s September 7, 2018 Order by serially dismissing and refiling due process requests. Student is over the age of eighteen, and Parent cannot appear before OAH on behalf of Student without a valid transfer of educational rights or a judicial order appointing her conservator over Student. (See Ed.
Code, §§ 56028, subd. (b)(2) and 56041.5.)
Accordingly, Student’s request for mediation only is dismissed.
Any further filings by Parent on behalf of Student must be accompanied by evidence establishing that Parent holds a transfer of Student’s educational rights or conservatorship over Student.
IT IS SO ORDERED.
DATE: October 1, 2018
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings