California OAH special education order · June 5, 2023
Order Denying Motion for Appointment of Guardian Ad Litem Without Prejudice
OAH Case No. 2023030389 · ALJ Kara Hatfield
OAH denied Student's request to appoint his mother as guardian ad litem because OAH does not appoint guardians ad litem, and an adult, non-conserved student can transfer his own educational rights.
Summary
Student, who is 18, not conserved, and holds his own educational rights, asked OAH to appoint his mother as his guardian ad litem for the due process case. A Kern County Superior Court had already appointed her guardian ad litem for litigation in that court, but the filings did not show that Student had transferred his educational rights to her. Neither district responded to the motion. OAH denied the motion without prejudice because it does not appoint guardians ad litem in special education cases. Student may still transfer his educational rights through another legally effective document, which must be given to both agencies and filed with OAH.
Why it matters
Families of students who have turned 18 should not ask OAH for a guardian ad litem. If the student wants a parent to act for him, he should sign a valid transfer of educational rights, give it to the district, and file it with OAH. A superior court guardian ad litem appointment does not carry over to OAH.
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:
STUDENT,
v.
KERN HIGH SCHOOL DISTRICT AND
KERN COUNTY SUPERINTENDENT OF SCHOOLS.
OAH CASE NUMBER 2023030389
ORDER DENYING MOTION FOR APPOINTMENT OF
GUARDIAN AD LITEM WITHOUT PREJUDICE
JUNE 5, 2023
On March 9, 2023, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Kern High School District and Kern County Superintendent of Schools, and another school campus that has since been dismissed from the case. Office of Administrative Hearings is referred to as OAH.
On May 1, 2023, OAH granted Student’s motion to amend and deemed filed Student’s amended complaint. At all times since the complaint was filed, Student has been 18 years old and not conserved, and therefore holds his own educational rights.
On May 15, 2023, Student filed a motion and then a corrected motion to appoint Student’s mother as his guardian ad litem for purposes of this special education due process hearing. Student established the Superior Court of the State of California, County of Kern appointed Student’s mother as Student’s guardian ad litem for purposes of litigation in that court. However, the application and supporting verification do not establish that Student has assigned, delegated, or transferred his educational rights to his mother, and do not, as Student’s attorney asserts, in fact state Student wants his mother to hold his educational rights.
Neither Kern High School District nor Kern County Superintendent of Schools responded to Student’s motion for OAH to appoint his mother as guardian ad litem.
OAH does not appoint a guardian ad litem for special education matters, because a student who is at least 18 years old and is not a conserved adult retains his educational rights and may freely appoint another competent adult as his educational rights holder without OAH involvement.
Student’s motion to appoint his mother as his guardian ad litem for this special education due process matter is denied without prejudice to Student effecting a transfer of his educational rights by another legally effective document, which must be provided to Kern High School District and Kern County Superintendent of Schools as well as filed with OAH.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings