California OAH special education order · September 16, 2025
Order Denying Motion for Interim Relief Regarding Administrative Recommendation and Permit Delay
OAH Case No. 2025070041 · ALJ Theresa Ravandi
OAH denied Student's request to order Los Angeles Unified to finish an inter-district permit recommendation because that district is not a party and inter-district attendance disputes are outside OAH's jurisdiction.
Summary
Student asked OAH for interim relief ordering Los Angeles Unified School District to immediately complete an administrative recommendation so Student's inter-district permit application could move forward. Alhambra Unified did not respond. OAH denied the motion. Los Angeles Unified is not a party to the case, and claims under Education Code section 46600 about inter-district attendance agreements fall outside OAH's special education jurisdiction.
Why it matters
OAH can only order relief against districts that are parties to the case, and only on IDEA or special education issues. Disputes over inter-district transfer permits must be pursued through the permit appeal process, not a due process hearing.
Key authority cited
- 20 U.S.C. § 1415(b)(6)
- 20 U.S.C. § 1400(d)(1)
- Ed. Code, § 56501, subd. (a)
- Ed. Code, § 46600
- Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
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.
ALHAMBRA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025070041
ORDER DENYING MOTION FOR INTERIM RELIEF
REGARDING ADMINISTRATIVE RECOMMENDATION AND
PERMIT DELAY
SEPTEMBER 16, 2025
On August 27, 2025, Student filed a Motion for Interim Relief Regarding Administrative Recommendation and Permit Delay with the Office of Administrative Hearings, called OAH. Alhambra Unified School District did not file a response.
OAH HAS LIMITED JURISDICTION
OAH’s special education division has jurisdiction only over claims alleging violations of the Individuals with Disabilities Education Act or California special education laws.
The purpose of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et.
seq.) is to “ensure that all children with disabilities have available to them a free appropriate public education,” and to protect the rights of those children and their parents. (20 U.S.C. § 1400(d)(1)(A), (B), and (C); see also Ed. Code, § 56000.) A party has the right to present a complaint “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” (20 U.S.C. § 1415(b)(6); Ed. Code, § 56501, subd. (a) [party has a right to present a complaint regarding matters involving proposal or refusal to initiate or change the identification, assessment, or educational placement of a child; the provision of a free appropriate public education to a child; the refusal of a parent or guardian to consent to an assessment of a child; or a disagreement between a parent or guardian and the public education agency as to the availability of a program appropriate for a child, including the question of financial responsibility].) The jurisdiction of OAH is limited to these matters. (Wyner v. Manhattan Beach Unified School. Dist. (9th Cir. 2000) 223 F.3d 1026, 1028-1029.)
Student’s motion asks OAH to order Los Angeles Unified School District to immediately complete the “Administrative Recommendation required under BUL- 5341.3” so Student’s inter-district permit application may proceed. OAH does not have jurisdiction over Los Angeles Unified School District in this matter as it is not a party.
Even if OAH had jurisdiction, OAH does not have legal authority to provide the relief requested by Parent. Claims based on Education Code section 46600 regarding school district agreements relating to interdistrict attendance are outside OAH’s jurisdiction.
Student’s motion for interim relief regarding administrative recommendation and permit delay is Denied.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings