California OAH special education order · September 19, 2022
Notice of No Action on Student's Motion for Clarification and/or Reconsideration of the Decision Dated August 4, 2022
OAH Case No. 2022020209 · ALJ Christine Arden
OAH took no action on Student's motion to clarify or reconsider the August 4, 2022 final decision because OAH loses jurisdiction once it issues a final decision.
This case went to decision
Student v. San Dieguito Union High School District: San Dieguito Union High predetermined a nonpublic school placement and must reimburse up to $14,990 in Winston School tuition. (2022)
Summary
Student filed a request for due process hearing against San Dieguito Union High School District, and OAH issued a final decision on August 4, 2022. On September 13, 2022, Student asked OAH to clarify or reconsider that decision, and the District opposed. OAH explained that decisions after a due process hearing are final, that a party who disagrees may appeal to court within 90 days, and that OAH has no jurisdiction once a decision issues. OAH therefore took no action on the motion.
Why it matters
OAH will not clarify or reconsider its own final due process decision. A family that disagrees with a decision must appeal to court within 90 days, and should not count on a post-decision motion to OAH to pause or extend 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:
PARENTS ON BEHALF OF STUDENT,
v.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2022020209
NOTICE OF NO ACTION ON STUDENT’S MOTION FOR
CLARIFICATION AND/OR RECONSIDERATION OF THE
DECISION DATED AUGUST 4, 2022
SEPTEMBER 19, 2022
On February 7, 2022, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming San Dieguito Union High School District as respondent. On August 4, 2022, a final decision was issued. On September 13, 2022, Student filed a Motion for Clarification and/or Reconsideration of the Decision dated August 4, 2022. On September 16, 2022, San Dieguito Union High School District filed its Opposition to Student’s Motion for Reconsideration and/or Clarification of the Decision dated August 4, 2022.
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 for clarification and/or reconsideration of the Decision dated August 4, 2022.
Christine Arden Administrative Law Judge Office of Administrative Hearings