California OAH special education order · November 22, 2021
Order Denying Request for Clarification
OAH Case No. 2021050118 · ALJ Rita Defilippis
OAH denied Student's request to clarify an order in its final decision because OAH has no jurisdiction to enforce its own hearing decisions; compliance disputes go to the California Department of Education.
This case went to decision
Student v. San Diego Unified School District: San Diego Unified must reimburse $11,023.36 and fund IEEs after unclear IEP offers and a predetermined COVID mask health plan. (2021)
Summary
OAH issued a final decision in this case on August 24, 2021. Three months later, Student asked OAH to clarify an order in that decision because the parties disagreed about how to enforce it. OAH denied the request. It explained that a due process decision is the final administrative ruling and binds both sides, that OAH has no power to enforce its decisions, and that compliance problems belong with the California Department of Education's compliance office.
Why it matters
Once OAH issues a final decision, families cannot go back to OAH to resolve disputes about carrying it out. If a district is not complying, the right step is a compliance complaint to the California Department of Education.
Key authority cited
- Educ. Code § 56505, subd. (h)
- Cal. Code Regs., tit. 5, § 3301
- Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
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.
SAN DIEGO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021050118
ORDER DENYING REQUEST FOR CLARIFICATION
NOVEMBER 22, 2021
On August 24, 2021, the OAH issued a final decision regarding this matter. On November 21, 2021, Student filed a request for clarification regarding an order in that decision, due to a disagreement between the parties regarding its enforcement.
A due process hearing shall be the final administrative determination and binding on all parties. (Educ. Code § 56505, subd. (h).) Issues regarding compliance with a due process hearing decision may be brought before the compliance office of the California Department of Education. (Cal. Code Regs., Tit. 5, § 3301; See also, Wyner ex rel. Wyner v. Manhattan Beach Unified School District, 223 F.3d 1026, 1030.)
The Office of Administrative Hearings does not have jurisdiction over the enforcement of its hearing decisions and orders. Accordingly, Student’s request for clarification is denied.
IT IS SO ORDERED
Rita Defilippis Administrative Law Judge Office of Administrative Hearings