California OAH special education order · March 4, 2022
Order Requiring Supplemental Documents
OAH Case No. 2022020060 · ALJ Penelope S. Pahl
OAH held off ruling on Central's motion to dismiss or bifurcate over who has standing for an 18-year-old Student, and ordered Student to file proof of educational rights and conservatorship by March 9, 2022.
Summary
Central moved to dismiss Student's complaint, or in the alternative to hold a separate hearing on whether the guardian named in the complaint has standing to sue for Student, who is 18. Student opposed. Student said guardianship was shared by family members and that a conservatorship hearing was set for March 7, 2022. OAH found the record was not complete enough to decide the motion. It ordered Student to submit, by 5:00 p.m. on March 9, 2022, evidence of who held educational rights before Student turned 18, any court order naming an educational rights holder, and any final order from the conservatorship hearing.
Why it matters
When a student turns 18, educational rights usually pass to the student, so families filing on behalf of an adult student should be ready to show court orders such as a conservatorship or an educational rights designation. Without them, a district may challenge standing and the case can stall or be dismissed.
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.
CENTRAL UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022020060
ORDER REQUIRING SUPPLEMENTAL DOCUMENTS
MARCH 4, 2022
On February 1, 2022, Student filed a request for due process hearing, also called a complaint, with the Office of Administrative Hearings, naming Central Unified School District as respondent. On February 22, 2022, Central filed a motion to dismiss Student’s complaint or alternatively to bifurcate the issue of who had standing to bring the complaint on behalf of Student who is 18 years old. On February 25, 2022, Student filed an opposition to the motion to dismiss or bifurcate representing that guardianship of Student was shared by his grandparents and an uncle, and that a hearing to consider conservatorship was scheduled for March 7, 2022. On March 2, 2022, Central filed a reply to Student’s opposition.
The record requires supplementation prior to a decision being made regarding Inglewood’s motion to dismiss or alternatively bifurcate to consider whether the guardian identified in Student’s request for due process has standing to proceed.
Therefore, by 5:00 PM on Wednesday, March 9, 2022, Student is required to submit the following documents to OAH:
1. Evidence establishing who held educational rights for Student prior to his
eighteenth birthday.
2. Any order from a court designating an educational rights holder for
Student, issued either before, or after, Student’s eighteenth birthday.
3. Any dispositive order issued following the hearing considering Student’s
conservatorship currently scheduled for Monday, March 7, 2022.
IT IS SO ORDERED.
Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings