California OAH special education order · September 15, 2025
Order Denying Motion to Dismiss Issues for Lack of Jurisdiction
OAH Case No. 2025070041 · ALJ Cynthia Fritz
OAH denied Parent's motion to make Alhambra Unified send records to Los Angeles Unified for a transfer, and refused to hear a retaliation claim, because both are outside OAH's jurisdiction.
Summary
Parent asked OAH to order Alhambra Unified School District to send Student's records to Los Angeles Unified School District so Student could transfer. Parent also claimed Alhambra's delay in sending the records was retaliation. Alhambra did not respond. OAH denied the motion because it has no power to order a party to give documents to a non-party outside the subpoena process, to order documents produced before hearing, or to help with a transfer, and retaliation claims are also outside its jurisdiction. OAH said any dispute over documents that matter to a claim properly before it would be decided at hearing.
Why it matters
Parents cannot use OAH motions to force a district to transfer records to another district or to pursue retaliation claims. Those problems need other forums, such as a compliance complaint or civil rights complaint, while record issues tied to IDEA claims are decided at hearing.
Key authority cited
- 20 U.S.C. § 1415(b)(6)
- Ed. Code, § 56501, subd. (a)
- Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
- 20 U.S.C. § 1400(d)(1)
- Ed. Code, § 56000
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 TO DISMISS ISSUES FOR LACK
OF JURISDICTION
SEPTEMBER 15, 2025
On August 25, 2025, Parent filed a motion to compel records and notice of retaliation. Alhambra Unified School District did not file a response.
In Student’s motion, Parent requested the Office of Administrative Hearings, called OAH, compel Alhambra Unified School District to produce documents to Los Angeles Unified School District to facilitate a transfer. Student also claimed that Alhambra Unified School District’s delay in producing the documents to Los Angeles Unified School District is retaliation.
APPLICABLE LAW
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.)
OAH also does not have jurisdiction to decide claims based on Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), Section 1983 of Title 42 United States Code, the Americans with Disability Act (42 U.S.C. §§ 12101, et seq.), or the Unruh Civil Rights Act (Civ. Code, § 51).
DISCUSSION
OAH does not have jurisdiction to provide the relief requested by Parent. OAH does not have jurisdiction to issue discovery type orders requiring a party to produce documents to a non-party outside of the subpoena process, and to produce documents by a party before a hearing, or to facilitate a transfer. This issue is not before OAH and is not within OAH’s jurisdiction. As well, retaliation claims are not within OAH’s jurisdiction. Student may consider seeking remedies for these issues from the correct forum. To the extent that the documents at issue are material to a claim properly before OAH, that dispute presents a question of fact to be adjudicated at hearing. Accordingly, Student’s motion to compel records and retaliation is denied.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings