California OAH special education order · December 3, 2020
Notice of No Action
OAH Case No. 2020090678 · ALJ Rommel P. Cruz
OAH took no action on Parents' request to reconsider its final decision, because OAH loses jurisdiction once a decision issues and the only option is a court appeal within 90 days.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess a six-year-old in person without parental consent or conditions, but no physical exam without consent. (2020)
Summary
Anaheim Elementary School District filed for due process, and OAH issued a final decision on December 1, 2020. The next day, Parents on behalf of Student asked OAH to reconsider that decision. OAH explained that decisions after a due process hearing are final and that it has no jurisdiction once a decision is issued. It therefore took no action, noting that a party who disagrees may appeal to court within 90 days.
Why it matters
OAH will not reconsider a final hearing decision. Families who disagree with an OAH decision must file an appeal in court within 90 days, and a reconsideration request does not pause that deadline.
Key authority cited
- Ed. Code, § 56505, subd. (k)
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:
ANAHEIM ELEMENTARY SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020090678
NOTICE OF NO ACTION
DECEMBER 3, 2020
On September 21, 2020, Anaheim Elementary School District filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Student as respondent. On December 1, 2020, a final decision was issued. On December 2, 2020, Parents on behalf of Student filed a Motion for Request for Reconsideration as to OAH Decision Dated 12.1.20 with Good Cause Showing.
Under the Individuals with Disabilities Education Act, decisions issued after an administrative due process hearing are final decisions. A party disagreeing with the administrative decision may appeal it to a court within 90 days from when the decision was issued. (Ed. Code, § 56505 subd. (k).)
Once a decision is issued, OAH does not have jurisdiction over the case.
Accordingly, no action is taken on Student’s request.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings
