Educational rights and standing
72 California OAH special education orders on educational rights and standing, newest first, each with a plain-English summary. Search and filter these orders.
2026
- Order Dismissing Case for Lack of Educational RightsOAH dismissed Father's due process case because Mother holds sole legal custody under superior court orders, so Father is not a 'parent' with standing to bring IDEA claims.
- Order to Show Cause as to Why Matter Should Not Be DismissedOAH ordered Father to show cause why his due process case should not be dismissed for lack of standing, after a federal judge found he lacked legal custody and was not an IDEA 'parent.'
- Order to Show Cause as to Why Matter Should Not Be Dismissed and Continuance of Prehearing Conference and Hearings DatesOAH ordered Father to show cause why his case should not be dismissed for lack of standing, after a federal judge found he lacked legal custody and was not a 'parent' under IDEA.
- Order for Further Briefing on Intervenor's Motion to Dismiss, and Order Continuing HearingOAH found Father lacks independent standing to sue on Student's behalf without Mother's agreement or a probate court order, because the co-conservatorship vests Student's educational rights jointly; it ordered further briefing and continued the hearing.
- Order Denying Motion to Dismiss Based on Lack of StandingOAH denied Charter's motion to dismiss for lack of standing because Mother's temporary sole custody ended after the May 1 mediation and the custody order preserved Father's records and consultation rights.
- Order Regarding Motion to Dismiss Based on Lack of Educational RightsOAH deferred ruling on Charter's motion to dismiss for lack of standing and ordered more briefing, because Charter did not address a parent's independent IDEA rights to pursue reimbursement claims.
2025
- Order Regarding Bifurcation, Granting Request for Official Notice, Denying Motion to Amend, Denying Request for Continuance and Denying All Other Relief Sought by StudentOAH ordered that Father's authority to bring the case be heard first at hearing, because a custody order requires both Parents' mutual consent for special education and court actions, and Mother says she never consented.
- Order Following Prehearing Conference Granting Request for Continuance, Accepting Withdrawal of Educational Rights Assignment, and Reserving on Motion to DismissOAH accepted Parent's on-the-record withdrawal of her assignment of educational rights to grandparents and granted Upland's opposed continuance so the parties could mediate, reserving Upland's motion to dismiss.
- Order Denying Motion to Appoint Co-Educational Rights HolderOAH denied Parent's request to make an educational advocate a co-educational rights holder, finding no legal authority to split educational rights with an unrelated advocate who does not live with Student.
- Order Limiting Restrained Person, Father's Participation in This MatterOAH ruled Mother is Student's sole educational rights holder under a restraining order, barring Father from acting as Student's representative, but he stays a party in the District's case and may observe silently.
- Order Requesting Documentation Regarding Educational Rights Holder StatusOAH ordered Mother to file and serve proof by September 4, 2025, that she is Student's sole educational rights holder before ruling on her motion to exclude Father for lack of standing.
- Order Denying Student's Motion to Amend ComplaintOAH denied a motion to swap Parent in for an adult Student as petitioner because the attorneys never represented Student, who held his own educational rights, and had no authority to file for him.
- Order Following Prehearing Conference for Hearing by Videoconference; Order Requiring Guardian to Establish Standing; Order Denying Student's Motion to Amend ComplaintOAH ordered Guardian to prove her legal authority to act as Student's parent before the hearing can proceed. It also denied Student's motion to amend because the amended complaint made no substantive changes.
2024
- Order Following Prehearing Conference for Hearing by Videoconference, Denying Motion for an Order to Show Cause Regarding Standing, and Granting Motion to Limit IssuesOAH denied Perris Union's request for a separate standing hearing because Student made a prima facie showing of a valid rights transfer, but dismissed time-barred claims about the August 2022 IEP.
- Order to Show Cause as to Why Matter Should Not Be DismissedOAH ordered Student to show cause why the case should not be dismissed. Father filed a settlement dismissal request but never proved he holds Student's educational rights as conservator, and his service was defective.
- Order Denying Motion to Dismiss for Lack of StandingOAH denied Los Alamitos's motion to dismiss for lack of standing. Parent may seek reimbursement for a residential placement made before Student turned 18, and standing is a mixed question for hearing.
- Order Following Prehearing Conference for Hearing by Videoconference and Denying Motion to Bifurcate HearingOAH denied Perris Union's motion to bifurcate because OAH does not bifurcate non-expedited hearings, but ordered that Parent's standing for an adult Student be decided first on day one of hearing.
2023
- Order Denying Motion for Appointment of Guardian Ad Litem Without PrejudiceOAH 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.
- Order Granting Motion to Dismiss Round Valley Indian TribesOAH dismissed Round Valley Indian Tribes as a co-petitioner because a tribe is not a 'parent' with standing under the IDEA, Student's attorney did not represent the tribe, and the tribe asked to be dismissed.
- Order Denying Motion to DisqualifyOAH denied Santa Monica-Malibu Unified's motion to disqualify a non-attorney educational advocate, finding her appointment as Student's co-educational rights holder makes her a party who may present evidence and question witnesses.
2022
- Order Denying Motion to Dismiss for Lack of Educational RightsOAH denied Modesto's motion to dismiss an adult Student's case for lack of Parents' educational rights. Parents may pursue their own reimbursement claims, and when they got Student's rights will be decided at hearing.
- Order Requiring Supplemental DocumentsOAH held off ruling on Central's motion to dismiss or bifurcate over who has standing for an 18-year-old Student, and ordered Student to file proof of educational rights and conservatorship by March 9, 2022.
- Order to Show Cause Why Case Should Not Be DismissedOAH ordered Parent and Aunt to prove they hold Student's educational rights or a conservatorship because Student turned 18 during the case, or the complaint will be dismissed.
2021
2020
- Order Following Prehearing Conference for Hearing by Videoconference, Vacating Order to Show Cause Regarding Transfer of Educational Rights, Granting Motion to Quash, and Denying Motion to Establish Due Process Filing DateOAH let Parent pursue the case for her 19-year-old adult child after a notarized transfer of educational rights. It also quashed Student's subpoenas to district attorneys, a former superintendent, and broad email records as unnecessary fishing expeditions.
- Order Following Prehearing Conference for Hearing by Videoconference, Continuing Prehearing Conference and Hearing, and Setting Order to Show Cause Regarding Student's Transfer of Educational RightsOAH ordered Parent to show that a 19-year-old Student transferred educational rights to him. A signed 'Notification of Representation' did not give Parent standing to bring the due process case.
- Order Granting in Part and Denying in Part Fremont's Motion to DismissOAH refused to dismiss Student's case over a missed resolution session or a prior settlement, but dismissed IEP challenges older than two years and a grading claim outside OAH's jurisdiction.
- Order Granting Motion to Substitute PetitionerOAH substituted Father as Petitioner after Mother, Student's conservator who filed the case, died, because a court order appointed Father as Student's successor conservator.
- Order Denying Request for ReconsiderationOAH denied Parent's second reconsideration request and kept the case dismissed because filing a conservatorship petition does not give Parent the educational rights of a 21-year-old adult Student.
- Order Denying Request for Reconsideration and Order of DismissalOAH denied reconsideration and dismissed the case because Parent never proved she holds the educational rights of Student, an adult over 18, through a valid transfer of rights or a conservatorship.
2019
2018
- Order Granting Parent's Request to Have Parent's Name Removed From CaseOAH granted Father's unopposed request to have his name removed from Student's due process case, because he did not file the complaint, was not a named party, and was not represented by Student's counsel.
- Order of DismissalOAH dismissed Parent's mediation-only request for an adult Student because Parent showed no transfer of educational rights or conservatorship, and barred Parent from getting around an earlier order by withdrawing and refiling.
- Order to Show Cause, Student's Educational RightsOAH ordered Parent to prove she holds her adult son's educational rights by September 24, 2018, or the case will be dismissed, because his rights transferred to him at age 18.
- Order Re: Father's Second Declaration for Opportunity to Provide Testimony at HearingOAH ruled that a divorced Father with joint legal custody could not attend or testify at the closed hearing. District named only Mother, and neither side listed Father as a witness.
- Order Denying Motion to DismissOAH denied Pittsburg's motion to dismiss because a juvenile court order appointed Student's foster parents as educational rights holders, giving them standing even though the biological parents also kept educational rights.
- Order Requiring Additional InformationOAH put off ruling on Pittsburg's motion to dismiss and ordered Student to file the court order giving her foster parents educational rights, because standing must be resolved before the case proceeds.
- Order Following Prehearing Conference, Granting Change of Date and Time of Hearing, Denying Parent's Claim of Lack of Right to Represent Student at Hearing, Denying Notice of Insufficiency, and Denying Motion to Dismiss for Lack of JurisdictionOAH rejected Parent's claim that she could not represent Student and that Student was entitled to appointed counsel, and denied Student's insufficiency notice and jurisdictional motion to dismiss in a District-filed case.
- Order Regarding Standing and Statute of Limitations IssuesOAH found Student's grandparent guardians had standing to file during the short-term guardianship and after their court appointment, and said the original parents' knowledge may limit the relief available.
- Order Granting San Mateo Foster City School District's Motion to Strike Notice of RepresentationOAH struck a non-attorney advocate's notice of representation because only active California State Bar members may represent parties in special education due process hearings.
2017
- Order of Determination of Sufficiency of Due Process ComplaintOAH found Student's complaint sufficient. Goleta's insufficiency notice was late, guardians may raise violations from before their appointment, and statute of limitations disputes belong at hearing.
- Order Regarding RepresentationOAH ruled that Student's Putative Father, who is not an attorney or legal parent, cannot represent the adult Student or Mother, so they must sign filings and present the case themselves.
- Order: (1) Granting Motion to Vacate Dates and Extend Timeline; (2) Denying Request to Amend Complaint; and (3) Order to Show Cause Re Student's Educational RightsOAH vacated hearing dates after Parents skipped the resolution session, denied their amendment, and ordered them to prove they hold the adult Student's educational rights or face dismissal.
- Order Dismissing Order to Show Cause, and Deeming This Matter Filed on August 11, 2017OAH kept Student's case alive but deemed it filed August 11, 2017, the day the juvenile court ended the surrogate parent's educational rights and Student gained capacity to file himself.
- Order on Request to Proceed in Absence of Educational Rights Holder; Setting Order to Show Cause re Dismissal, Without Prejudice, for Lack of JurisdictionOAH refused to let Student pursue due process on his own because a court-appointed surrogate parent holds his educational rights, and ordered Student to show cause why the case should not be dismissed.
- Order of No Action Re Father's Motion for JoinderOAH took no action on Father's joinder request because both Parents share legal custody and educational rights, so Father may already participate in the due process case filed by Mother.
- Order Denying Mother's Request for Continuance; Order for Parties to Petition Family Court as Educational Decision Making AuthorityOAH denied Mother's bid to continue the hearing and exclude Father, ruling both joint-custody parents hold educational rights, and ordered them to ask family court who decides.
- Order Vacating Order to Show Cause and Continuing Due Process HearingOAH vacated its order to show cause about dismissing the case. Parent proved she had filed a limited conservatorship petition for her now-adult Student, so OAH continued the hearing about 30 days.
- Order to Show Cause, Student's Educational RightsOAH ordered Parents to prove they hold their adult son's educational rights by the start of hearing or face dismissal. Without proof of a rights transfer or conservatorship, Parents cannot get his records or sue for him.
- Order to Show Cause Why Case Should Not Be DismissedOAH ordered Parent to show cause why the case should not be dismissed because Student turned 18 and she still had no proof of conservatorship or that she held educational rights.
- Order Denying Student's Father's Request for ContinuanceOAH denied a non-custodial Father's request to continue the hearing so he could take part. Superior Court custody orders limited his school role to getting records, and Mother held sole legal custody.
2016
- Order Denying Motion to Dismiss Mother as Party; Denying Request to Enjoin District From Calling Mother; and Granting Request to Serve Mother at Father's AddressOAH refused to dismiss Mother from San Mateo's due process case or bar the district from calling her, because it lacks authority to do either, but let her receive mail at Father's address.
- Order Following Prehearing Conference; Order to Show Cause Why Case Should Not Be DismissedOAH ordered an adult Student to show cause why his case should not be dismissed. Mother never showed she held his education rights or was authorized to represent him, and Student missed the prehearing conference.
2015
- Order That Parent Document Transfer of Educational RightsOAH ordered Parent to file proof that her adult child transferred educational rights to her by October 15, 2015, warning the case could face dismissal if neither proof is filed nor Student appears.
- Order Denying Motion to Dismiss or for Alternative ReliefOAH denied District's motion to dismiss for lack of standing because the complaint clearly named the 18-year-old Student, not Mother, as the petitioner.
- Order Dismissing Student's Complaint Without PrejudiceOAH dismissed without prejudice a complaint Parent filed for a 21-year-old Student because Parent never proved she held conservatorship or that Student had transferred his educational rights to her.
- Order Requiring Parent to File With OAH a Full Copy of Conservatorship Paperwork Including Attachment 24 and LettersOAH ordered Parent to file the full conservatorship paperwork, including attachment 24 and the letters, because the partial copy showed only a financial conservatorship and no proof the conservatorship had taken effect.
- Order Following Prehearing Conference of February 6, 2015OAH denied Father's motion to bar Mother from advocating in the hearing, ruling that Mother is a party with the same right as Father to fully participate.
2014
- Order on Student's Motion for Advisory Declaration Regarding Transfer of Educational RightsOAH declined to issue an advisory declaration on an 18-year-old Student's transfer of educational rights to Parents, but found enough information to proceed and left the question for the hearing judge.
- Order Following Prehearing Conference of September 15, 2014OAH dismissed Parent as a party because Student turned 18 and holds his own educational rights, but let Mother act as his non-attorney advocate. OAH also excluded board members and the Superintendent as witnesses.
- Order Following Prehearing ConferenceOAH denied District's motion to dismiss for lack of parent standing because Student, now 18, reportedly told District at mediation that he authorized Mother to represent him. Student must confirm this under oath at hearing.
- Order Denying Motion to DismissOAH denied Twin Rivers' post-hearing motion to dismiss. Parent lost educational rights by juvenile court order, but Student, a court dependent with no surrogate appointed, could pursue the case in his own right.
- Order Granting Motion to Dismiss Student's Case, and Order Dismissing Consolidated Matter in Its EntiretyOAH dismissed both consolidated cases without prejudice after the hearing because a juvenile court had limited Parent's educational rights, leaving no one with standing to pursue or defend either complaint.
- Order to Show Cause as to Whether Case Should Be Dismissed, Granting Continuance and Setting Mediation, Prehearing Conference and Hearing DatesOAH ordered an adult Student to show cause why his case should not be dismissed. Student had neither attended the prehearing conference nor transferred his educational rights to Parent, so OAH continued the hearing dates.
- Order Granting Without Prejudice Request to Dismiss Complaint of Student's Temporary ConservatorOAH dismissed an adult Student's due process complaint without prejudice because Parent, appointed temporary conservator with sole educational decision-making rights, asked to dismiss it, despite Student's attorney's objection.
- Corrected Order Denying District's Motion "For an Order Requiring Documentation of the Educational Rights Holder"OAH denied District's request to make Student document who holds educational rights, because the complaint was already found sufficient, clearly names a rights holder, and no legal basis supports the relief.
- Order Denying District's Motion "For an Order Requiring Documentation of the Educational Rights Holder"OAH denied District's request to make Student document who holds educational rights. The complaint was already found sufficient, clearly named a rights holder, and the law provides no such relief.
2013
- Order Reconsidering and Vacating Dismissal and Restoring Matter to CalendarOAH vacated its dismissal with prejudice because Parent had timely sent proof of authority to represent his adult son, but it was mistakenly filed in a closed case.
- Order Regarding Proof of Education RightsOAH ordered the person claiming to be adult Student's conservator to prove he holds Student's education rights within three business days before OAH would communicate with him or act on his motion.
- Order for Student to Submit Documentation of Educational RightsOAH ordered Parent to prove within five business days that she holds her 21-year-old adult child's educational rights or is authorized to file, because those rights transfer to the student at 18.
- Order Following Pre-Hearing ConferenceOAH denied without prejudice District's motion to dismiss over Parent's lack of educational rights for an adult Student, and continued the case so Parent could obtain letters of conservatorship.
- Order for Student to Submit Documentation of Educational RightsOAH ordered Parent to prove within five business days that she holds her 18-year-old daughter's educational rights, or that Student authorized the case, because those rights transfer to Student at 18.