California OAH special education order · February 19, 2020
Order Granting Motion to Substitute Petitioner
OAH Case No. 2019120715 · ALJ Rita Defilippis
OAH substituted Father as Petitioner after Mother, Student's conservator who filed the case, died, because a court order appointed Father as Student's successor conservator.
This case went to decision
Student v. ABC Unified School District et al.: ABC Unified denied FAPE by refusing to consider a post-discharge placement for a hospitalized student; claim against Los Angeles Unified denied. (2020)
Summary
Mother, who was Student's conservator, filed a due process complaint against ABC Unified and Los Angeles Unified and later passed away. Student moved to substitute Father as Petitioner and attached a court order appointing Father as successor conservator. Neither district responded. OAH granted the motion and noted that the substitution is not an amended complaint.
Why it matters
If the parent or conservator who filed a due process case dies or can no longer act, the case can continue with a substitute petitioner who shows legal authority, such as a successor conservatorship order. Because the substitution is not treated as an amended complaint, hearing timelines are not restarted.
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,
v.
ABC UNIFIED SCHOOL DISTRICT AND LOS ANGELES UNIFIED
SCHOOL DISTRICT.
OAH CASE NUMBER 2019120715
ORDER GRANTING MOTION TO SUBSTITUTE PETITIONER
FEBRUARY 19, 2020
On December 18, 2019, Mother, who was also conservator of Student, filed a due process complaint on behalf of Student naming ABC Unified School District and Los Angeles Unified School District as Respondents. Sadly, on February 2, 2020, Mother passed away.
On February 12, 2020, Student filed a motion to substitute Father as Petitioner, on behalf of Student, in place of Mother. A court order attached to the motion, dated February 11, 2020, established that Father was appointed successor conservator of Student.
No response was received by ABC or Los Angeles.
Student’s motion to substitute Father as Petitioner on behalf of Student, in place of Mother, is granted. This is only an order substituting Petitioner and is not deemed an amended complaint.
Rita Defilippis Administrative Law Judge Office of Administrative Hearings