California OAH special education order · July 24, 2023
Notice of No Action Regarding District Motion for Reconsideration or Clarification
OAH Case No. 2023010234, 2022120477 · ALJ Robert G. Martin
OAH took no action on Mt. Diablo's request to reconsider or clarify its final decision because OAH loses jurisdiction once a due process decision issues; the only remedy is a court appeal.
This case went to decision
Student v. Mt. Diablo Unified School District (consolidated): Mt. Diablo Unified owes nine hours of compensatory education and $100 for a heated lunchbox; may conduct feeding assessment without consent. (2023)
Summary
After OAH issued a final decision in the consolidated cases on June 20, 2023, Mt. Diablo asked OAH to reconsider or clarify that decision. Student 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 to reconsider or clarify a decision once it is issued. OAH therefore took no action on the request.
Why it matters
Once OAH issues a final decision after hearing, it will not reconsider or clarify it. A party who disagrees must appeal to court within 90 days, so families and districts should not rely on a post-decision request to OAH to fix or explain the outcome.
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 CONSOLIDATED MATTERS INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
MT. DIABLO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023010234
OAH CASE NUMBER 2022120477
NOTICE OF NO ACTION REGARDING DISTRICT MOTION
FOR RECONSIDERATION OR CLARIFICATION
JULY 24, 2023
On December 16, 2022, Mt. Diablo Unified School District, referred to as Mt. Diablo, filed a due process hearing request with the Office of Administrative Hearings, called OAH, naming Student in case number 2022120477. On January 10, 2023, Student filed a due process hearing request naming Mt. Diablo in case number 2023010234. On January 17, 2023, OAH consolidated and continued the two cases. On June 20, 2023, following the due process hearing of both matters, OAH issued a final decision in the consolidated cases. On June 23, 2023, Mt. Diablo filed a request for reconsideration or clarification of the Decision. On June 26, 2023, Student filed an opposition to Mt. Diablo’s motion.
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 and does not reconsider or clarify decisions. Accordingly, OAH will take no action on Mt. Diablo’s request.
Robert G. Martin Administrative Law Judge Office of Administrative Hearings