California OAH special education order · August 3, 2021
Notice of No Action
OAH Case No. 2021040043 · ALJ Penelope S. Pahl
OAH took no action on Bellflower's request to reconsider a final due process decision, because OAH loses jurisdiction once a decision issues and the only remedy is a court appeal.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified must fund 179 hours at Stowell Learning Center and three independent assessments; Student wins most claims. (2021)
Summary
After OAH issued a final decision on July 23, 2021, Bellflower filed a request for reconsideration asking for a change to that decision. Student filed a response. OAH took no action on the request. Under the IDEA, a decision issued after a due process hearing is final, OAH has no jurisdiction once it issues, and a party who disagrees must appeal to court within 90 days.
Why it matters
A party cannot ask OAH to reconsider or change a final hearing decision. Either side that disagrees must file an appeal in court within 90 days of the decision.
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:
PARENTS ON BEHALF OF STUDENT,
v.
BELLFLOWER UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021040043
NOTICE OF NO ACTION
AUGUST 3, 2021
On April 1, 2021, Student filed a request for a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Bellflower Unified School District as respondent. On July 23, 2021, a final decision was issued. On August 2, 2021, Bellflower filed a “Request for Reconsideration” seeking a change to the Decision that followed the hearing of the case. On August 3, 2021, Student filed a response to Bellflower’s request.
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 Bellflower’s request.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings
