California OAH special education order · October 10, 2022

Order Denying Motion for Clarification or Relief From Final Order

OAH Case No. 2022030687, 2022040604 · ALJ Tara Doss

OAH denied Student's motion to clarify or get relief from its final decision, because OAH decisions are final and OAH loses jurisdiction once it issues a due process decision.

Denied Reconsideration

This case went to decision

Student v. Los Angeles Unified School District (consolidated): Los Angeles Unified must fund 450 tutoring hours and return a student to a public special day class after an improper virtual placement. (2022)

Summary

OAH issued a decision in Student's consolidated cases with Los Angeles on August 26, 2022. On October 4, 2022, Student asked OAH to clarify that decision or grant relief from it, and Los Angeles opposed. OAH denied the motion. It explained that its decisions are final, that it has no jurisdiction once a decision issues, and that the only remedy for a party unhappy with the findings is an appeal to state or federal court within 90 days.

Why it matters

Once OAH issues a due process decision, it will not clarify or revisit it. A family that disagrees with the decision, or needs its meaning resolved, must appeal to state or federal court within 90 days, and should not let that deadline run while asking OAH for clarification.

Key authority cited

  • 20 U.S.C. § 1415(i)(1)(A)
  • 20 U.S.C. § 1415(i)(2)(A)-(B)
  • 34 C.F.R. § 300.514(a)
  • 34 C.F.R. § 300.516(a)-(b)
  • Ed. Code, § 56505, subd. (h)
  • Ed. Code, § 56505, subd. (k)

Topics

final decision clarification appeal 90-day deadline jurisdiction

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 CONSOLIDATED MATTERS INVOLVING:

PARENT ON BEHALF OF STUDENT,

and

LOS ANGELES UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2022030687

OAH CASE NUMBER 2022040604

ORDER DENYING MOTION FOR CLARIFICATION OR RELIEF

FROM FINAL ORDER

OCTOBER 10, 2022

On August 26, 2022, the Office of Administrative Hearings, called OAH, issued a decision in the consolidated cases involving Student and Los Angeles Unified School District, in OAH case numbers 2022030687 and 2022040604. On October 4, 2022, Student filed a Motion for Clarification or Relief From a Final Order, seeking clarification of OAH’s August 26, 2022 Decision Order. On October 7, 2022, Los Angeles filed an opposition to Student’s motion.

OAH decisions are final. (20 U.S.C. § 1415(i)(1)(A); 34 C.F.R. § 300.514(a); Ed. Code, § 56505, subd. (h).) A party aggrieved by OAH’s findings and decision has the right to appeal the decision in a California court of competent jurisdiction or in a district court of the United States within 90 days from the date of the OAH decision in controversy. (20 U.S.C. § 1415(i)(1)(A), (i)(2)(A)-(B); 34 C.F.R. § 300.516(a)-(b); Ed. Code, § 56505, subd. (k).)

OAH does not clarify the findings or conclusions in its decisions because they are final. Once OAH issues a due process hearing decision, it no longer has jurisdiction over the case. Pursuant to the Individuals with Disabilities Education Act and California law, the appropriate recourse for a party aggrieved by the findings in an OAH decision is to appeal the decision to a state or federal court of competent jurisdiction. Therefore, Student’s Motion for Clarification or Relief From a Final Order is denied.

IT IS SO ORDERED.

Tara Doss Administrative Law Judge Office of Administrative Hearings