California OAH special education order · September 20, 2023

Notice of No Action on Motion for Sanctions

OAH Case No. 2023070351 · ALJ Penelope S. Pahl

OAH took no action on Washington's motion for sanctions against a self-represented Parent because a final decision had already been issued and OAH no longer had jurisdiction over the case.

No action taken Sanctions and cost-shifting

Summary

Washington Unified School District moved for sanctions against Parent, who was representing themself. The motion was filed about two weeks after OAH issued its final decision in Student's due process case. Parent opposed the motion and the District replied. OAH took no action because once a final decision issues, the case is over at OAH and any challenge must go to court within 90 days.

Why it matters

Once OAH issues a final decision, it loses jurisdiction over the case, so post-decision sanctions motions there go nowhere. Self-represented parents facing such motions can point to this limit.

Key authority cited

  • Ed. Code, § 56505, subd. (k)

Topics

sanctions jurisdiction final decision self-represented parent post-decision motion

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.

WASHINGTON UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2023070351

NOTICE OF NO ACTION ON MOTION FOR SANCTIONS

SEPTEMBER 20, 2023

On July 13, 2023, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Washington Unified School District as respondent. On August 30, 2023, a final decision was issued. On September 11, 2023, Washington filed a motion for sanctions against Parent. Parent, who is self-represented, opposed the motion on September 13, 2023. District replied to the opposition on September 15, 2023.

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 Washington’s request for sanctions.

Penelope S. Pahl Administrative Law Judge Office of Administrative Hearings