Jurisdiction
94 California OAH special education orders on jurisdiction, newest first, each with a plain-English summary. Search and filter these orders.
2026
- Order Denying Student's Emergency Motion to Enforce Standing No-Contact Order and Cease and Desist for Lack of JurisdictionOAH denied Parent's emergency motion to enforce private no-contact and cease-and-desist directives against the District and charter school, finding it lacks jurisdiction over matters not arising under IDEA or California special education law.
- Order Dismissing Student's Issue Based on a Violation of Education Code Section 48903 for Lack of Jurisdiction and Vacating the Non-Expedited DatesOAH dismissed Student's claim that District's disciplinary removal exceeded Education Code section 48903's 20-day limit, because OAH has no jurisdiction over that general education discipline statute, even when framed as a FAPE denial.
- Order Denying Request to Enforce McKinney-Vento Homeless Assistance ActOAH denied Student's request to order Grossmont to provide interim transportation under the McKinney-Vento Act because Student offered no authority giving OAH's Special Education Division jurisdiction over McKinney-Vento disputes.
- Order Dismissing Casa Pacifica Camino a Casa and Oak Grove Center Jack WeaverOAH, on its own motion, again dismissed Casa Pacifica and Oak Grove from Student's second amended complaint because neither nonpublic school is a local educational agency subject to OAH jurisdiction.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's ADA and Section 504 claims as outside its jurisdiction. It also limited the hearing to the November 2024 and January 2025 IEPs because the complaint did not challenge later IEPs.
2025
- Order Dismissing Parties for Lack of JurisdictionOAH dismissed the LAUSD superintendent, board members, nonpublic agency executives, and Does 1-50 from Student's complaint because they are not public agencies responsible for providing Student special education.
- Order Denying Motion to Compel Independent Educational Evaluation; Order Denying Motion to DismissOAH denied Student's motion to compel Glendale Unified to fund an independent evaluation and to dismiss its complaint as untimely, because OAH cannot decide these mixed questions of law and fact before an evidentiary hearing.
- Order Denying Motion for Interim Relief Regarding Administrative Recommendation and Permit DelayOAH 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.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Parent's claims about breach of settlement agreements, collusion between districts, and misuse of a confidential settlement as outside its jurisdiction, and set two FAPE issues for a September 2025 videoconference hearing.
- Order Following Prehearing Conference for Hearing by Videoconference Granting Request for Mediation and Continuance of the Due Process HearingOAH dismissed Student's Section 504, ADA, and Title VI claims as outside its jurisdiction, granted a joint mediation request and continuance, and ordered both parties to file new prehearing conference statements.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's civil rights claims as outside its jurisdiction and set Student's five FAPE issues and Murrieta Valley's assessment issue for a videoconference hearing starting August 26, 2025.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's disability discrimination claim under the ADA and Section 504 because it lacks jurisdiction, and set five FAPE issues for a three-day videoconference hearing starting June 24, 2025.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH set six FAPE issues for a February 2025 video hearing and dismissed Student's proposed Issue 7, because OAH cannot decide Section 504, Section 1983, ADA, or Unruh Act claims.
2024
- Order Denying Motion to Convene Resolution SessionOAH denied Student's motion to make Long Beach convene a new resolution session with IEP team members. OAH found it has no jurisdiction to order who attends, and a session had already occurred.
- Order Dismissing Complaint for Lack of Jurisdiction; Order Denying Motion to Consolidate as MootOAH dismissed Folsom-Cordova Unified's complaint because asking whether it may hold an IEP meeting without Parent or require Student's full-day attendance falls outside OAH's limited special education jurisdiction.
- Order Following Prehearing Conference, Order Denying Request to File a Second Amended Complaint, and Order Denying Motion to ConsolidateOAH dismissed Student's Section 504 discrimination claim for lack of jurisdiction. It denied Student's unopposed motion to file a second amended complaint and Fountain Valley's unopposed consolidation motion so the hearing could proceed as scheduled.
2023
- Order Following Prehearing Conference for Hearing by Videoconference; Order Dismissing Issue 18OAH dismissed Student's discrimination claim (Issue 18) because its jurisdiction covers only identification, evaluation, placement, and FAPE matters, and set 10 FAPE issues for a videoconference hearing starting October 24, 2023.
- Order Determining the Tolling Agreement Did Not Extend the Statute of LimitationsOAH refused to enforce the parties' private tolling agreement because the law allows only two narrow exceptions to the two-year limit, so Student's claims are limited to two years before filing.
- Order Determining the Tolling Agreement Did Not Extend the Statute of LimitationsOAH ruled that the parties' private tolling agreement could not extend the two-year special education statute of limitations, because the IDEA and Education Code allow only two narrow statutory exceptions.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's retaliation claims as facially outside its jurisdiction, set FAPE issues for four school years for a videoconference hearing, and will first take evidence on extending the statute of limitations.
- Order Following Prehearing Conference for Hearing by Videoconference, Granting Motion to Amend and Dismissing Issues Outside OAH JurisdictionOAH dismissed the districts' sub-issues asking it to declare that pieces of an IEP, implementation, and consent to releases offered FAPE, because districts cannot seek piecemeal declaratory rulings.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's Section 504, ADA, and Section 1983 claims for lack of jurisdiction and set the remaining assessment and IEP issues for an April 2023 videoconference hearing.
- Order Following Prehearing Conference for Hearing by Videoconference; Continuance of Hearing Dates and Dismissal of Newark's Issue 2OAH dismissed Newark's request to hold an IEP meeting without Parent because it sought an advisory opinion outside OAH's jurisdiction, and granted Parent a disability-based continuance over Newark's objection.
- Order Following Prehearing Conference for Hearing by Videoconference, and Dismissing Certain of District's IssuesOAH set Student's five issues and Granite Mountain Charter School's three assessment-defense issues for a videoconference hearing, and dismissed all other issues in the school's complaint for lack of jurisdiction.
2022
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's Americans with Disabilities Act discrimination claim on its own motion because OAH lacks jurisdiction over ADA claims. It set two FAPE issues for a three-day videoconference hearing.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's Rehabilitation Act and ADA claims because its jurisdiction covers only IDEA claims, and set 14 IDEA issues for a videoconference hearing starting August 30, 2022.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's disability discrimination and Education Code section 48900 claims as outside its jurisdiction. It refused to add new issues that were not in the amended complaint because Los Angeles did not agree.
- Amended Order Following Prehearing Conference for Hearing by Videoconference Dismissing Issue and Correcting Hearing DatesOAH dismissed Student's Section 504 and ADA claim because it lacks jurisdiction over those laws, and set Student's child find, assessment, and eligibility claims for a videoconference hearing starting April 19, 2022.
- Order Following Prehearing Conference for Hearing by Videoconference and Dismissing IssueOAH dismissed Student's Section 504 and ADA claim because it lacks jurisdiction over civil rights laws. It set the remaining assessment, eligibility, and IEP issues for a videoconference hearing starting April 12, 2022.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH set Student's seven FAPE issues and Lammersville's single issue for a videoconference hearing, and dismissed Student's Section 504/ADA claim because OAH lacks jurisdiction over those federal statutes.
2021
- Order Denying Motion to Bifurcate and Dismissing Issue 1A From Excel Academy Charter School's ComplaintOAH denied Excel Academy's motion to bifurcate and dismissed its claim that the charter enrollment contract was invalid, because contract formation disputes over charter enrollment fall outside OAH's special education jurisdiction.
- Order Denying Request for ClarificationOAH denied Student's request to clarify an order in its final decision because OAH has no jurisdiction to enforce its own hearing decisions; compliance disputes go to the California Department of Education.
- Order Dismissing Party for Lack of JurisdictionOAH dismissed all 12 claims against the San Diego County Office of Education with prejudice because testimony showed SDCOE made no educational decisions for Student and served only as an administrative funding pass-through.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed three of Student's six prehearing issues as outside its jurisdiction and set the remaining Student and Enterprise issues for a September 21, 2021 videoconference hearing.
- Order Denying Motion to Amend ComplaintOAH denied Student's motion to add a claim under AB 104, California's new grade-retention consultation law, because OAH has no jurisdiction to enforce it, and delay would harm Student, who is out of school.
- Order Dismissing Issue 1 of Due Process Complaint and Dismissing Etiwanda School District as a PartyOAH dismissed Student's claim against Etiwanda for not telling Chaffey about a settlement-amended IEP, because Etiwanda's FAPE duty ended June 27, 2019 and the settlement waived claims through June 30, 2019.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's Section 504, Section 1983, ADA, and Unruh Act claim on its own motion because OAH lacks jurisdiction over those laws, and set 15 IDEA issues for hearing.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's Section 504, ADA, and state civil rights claim (Issue Nine) because those laws fall outside OAH's jurisdiction, and set eight IDEA issues for a March 2021 videoconference hearing.
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH, on its own motion at the prehearing conference, dismissed Student's Section 504, Section 1983, ADA, and Unruh Act claims because OAH's jurisdiction is limited to IDEA special education matters.
2020
- Order Denying Motion to Disqualify Student's Counsel for Lack of JurisdictionOAH denied San Diego's motion to disqualify Student's attorney over an alleged conflict of interest, ruling it has no jurisdiction to disqualify counsel under Code of Civil Procedure section 128.
- Order Denying Motion to Disqualify District's Counsel for Lack of JurisdictionOAH denied Student's motion to disqualify Compton's law firm over an alleged conflict of interest, ruling it has no jurisdiction to disqualify attorneys under Code of Civil Procedure section 128(a)(5).
- Order Following Prehearing Conference for Hearing by VideoconferenceOAH dismissed Student's Section 504, ADA, and civil rights damages claims for lack of jurisdiction and set three FAPE issues for a videoconference hearing against San Juan and Visions Charter School.
- Order Dismissing Party for Lack of JurisdictionOAH dismissed Mission Hill Middle School as a party because it is a school within Santa Cruz City Schools, not a separate public agency, and the case continues against the district.
- Order Following Prehearing Conference and Dismissing Claim Outside OAH JurisdictionOAH dismissed Student's Section 1983 claim against Chaffey because its jurisdiction is limited to IDEA matters, and set eight remaining FAPE issues for a March 2020 hearing.
- Order Following Prehearing ConferenceOAH denied Parent's motion to appoint a receiver over Long Beach Unified because OAH lacks that power. It also denied a 'Motion for Foreclosure' because OAH does not grant summary judgment.
- Order Following Prehearing Conference and Granting Request for Mediation and Continuance of Due Process HearingOAH dismissed Student's Section 504, ADA, and California civil rights claim on its own because it lacks jurisdiction over them, and granted an unopposed continuance with mediation set for April 27, 2020.
- Order Following Prehearing ConferenceOAH dismissed Student's claims that Berkeley denied FAPE by failing to fund IEEs promised in a 2016 settlement, because OAH cannot enforce settlement agreements. It also denied Student's untimely motion to bifurcate.
- Notice of No Action and Notice of Receipt of Ex Parte CommunicationsOAH took no action on Parent's post-decision filing about Los Angeles Unified's compliance with the decision, because OAH loses jurisdiction once a final decision issues, and treated it as an unserved ex parte communication.
2019
- Order Following Prehearing ConferenceOAH set seven Student issues and four Lompoc issues for a consolidated hearing, and dismissed Student's ADA, Section 504, Unruh Act, and Section 1983 claims as outside OAH's jurisdiction.
- Order Following Prehearing Conference; Denying Hearing Continuance Without PrejudiceOAH denied Lompoc's request to continue the hearing and dismissed Student's Section 504, ADA and state civil rights claims because OAH lacks jurisdiction over them, keeping the June 11, 2019 hearing.
- Order Following Prehearing Conference and Dismissing Claims Outside OAH JurisdictionOAH dismissed Student's discrimination claims under Section 504, the ADA, and state civil rights laws because its jurisdiction is limited to IDEA matters. It set Student's and Carlsbad's remaining issues for hearing.
- Order Following Prehearing Conference and Dismissing Claims Outside OAH JurisdictionOAH dismissed Student's Section 504, ADA, and state civil rights claims because its jurisdiction is limited to IDEA special education matters, and set the remaining issues for a March 2019 hearing.
- Order Denying Student's Request for Legal Services From OAHOAH denied Parents' request for a publicly funded attorney or OAH staff help for Student, finding no federal or state law gives OAH the jurisdiction or authority to provide legal representation.
- Order Denying Student's Request for Immediate Removal From SchoolOAH denied Student's request for an order immediately removing him from school for safety reasons, finding it lacks jurisdiction or authority because the request does not involve identification, evaluation, placement, or FAPE.
- Order Following Prehearing ConferenceOAH set three child find and assessment issues for a January 2019 hearing and dismissed claims about an uncredentialed teacher and a Section 504 behavior plan because Parent showed no OAH jurisdiction over them.
2018
- Notice of No ActionOAH took no action on Parents' request to stay part of its final Decision pending appeal because OAH loses jurisdiction once a final decision issues.
- Order Dismissing in Part Student's ComplaintOAH dismissed Student's class action, organizational, ADA, and Section 504 claims for lack of jurisdiction, leaving only Student's individual claim that Oxnard failed to assess her in all suspected areas of disability.
- Order to Show Cause: Issues in ComplaintOAH ordered both parties to explain which of Student's claims it can hear, because the complaint seeks class action status and raises ADA and Section 504 claims that appear outside OAH's limited jurisdiction.
- Order Following Prehearing ConferenceOAH dismissed the charter school's third issue, which asked whether it must provide FAPE to a privately placed Student, because OAH has no jurisdiction to issue advisory opinions. Two issues were set for hearing.
- Order Denying Motion to Narrow IssueOAH refused to limit Tahoe Truckee's FAPE case to transportation alone. As Student's district of residence, Tahoe Truckee owns Student's entire FAPE, and the whole IEP must be reviewed.
- Order Following Prehearing ConferenceOAH, on its own motion, dismissed Student's disability-discrimination claim against Los Angeles Unified because it did not allege a denial of FAPE and falls outside OAH's jurisdiction, and set the remaining issues for hearing.
2017
- Order Denying Student's Motion to CompelOAH denied Student's motion to compel Oakland to provide bus transportation and a one-to-one transit aide under a final expedited decision, because OAH loses jurisdiction after a decision and cannot enforce its decisions.
- Order Following Prehearing ConferenceOAH dismissed Student's Section 504, ADA, and state civil rights claims for lack of jurisdiction at the prehearing conference and set ten IDEA issues for an October 2017 hearing.
- Notice of No ActionOAH took no action on Parents' notices to delay court-ordered assessments because its final decision allowing the District to assess without consent ended OAH's jurisdiction; any change requires a court appeal.
- Order Following Prehearing ConferenceOAH dismissed Student's ADA, Section 504, and Unruh Act claims for lack of jurisdiction and denied District's unopposed motion to consolidate Student's second complaint, finding consolidation would not serve judicial economy.
- Order Following Prehearing Conference and Dismissing Claims Outside OAH JurisdictionOAH dismissed Student's Section 504 and ADA claims on its own because its jurisdiction is limited to IDEA special education disputes, and it set Student's and District's remaining issues for hearing.
- Order Denying Motion for Preliminary InjunctionOAH denied Student's motion for a preliminary injunction because it has no authority to issue injunctions, and the failure-to-implement and private placement reimbursement claims must be decided after a full hearing.
- Order Following Prehearing ConferenceOAH set Student's and District's consolidated issues for an April 2017 hearing and dismissed Student's Section 504 claim because Section 504 claims are outside OAH's jurisdiction.
- Order Following Prehearing ConferenceOAH dismissed Student's ADA and Section 504 claims as outside its jurisdiction and set one issue for a March 2017 hearing: whether District denied parental participation by refusing in-school ABA treatment.
- Order Determining OAH Has Jurisdiction Over Student's Remaining Issues for HearingOAH kept jurisdiction over Student's two IEP health-plan issues. Despite Student's mixed ADA and Section 504 arguments, both issues still alleged a denial of FAPE under the IDEA.
2016
- Order Following Prehearing Conference of December 5, 2016; Order Granting Motion to Change Venue; Order Granting Request to Continue HearingOAH moved the hearing from Tehachapi to Van Nuys over District's objection, citing Student's reports of past police intimidation. It continued the hearing and dismissed the ADA and Section 504 claims as outside its jurisdiction.
- Order Following Prehearing Conference on Expedited and Non-Expedited ClaimsOAH dismissed Student's Section 504, ADA, Section 1983, state constitutional, Government Code 11135, and Unruh Act claims because they do not arise under the IDEA, and set consolidated expedited and non-expedited issues for hearing.
- Order Denying Motion for Additur Regarding TollsOAH denied Student's request to add toll reimbursement to the final decision because OAH lost jurisdiction over the case once the final decision was issued.
- Order Denying Student's Request for Preliminary Injunction and Striking It From the RecordOAH denied Student's request for a preliminary injunction moving Student to first grade because OAH lacks authority to issue injunctions, and struck the request as an improper extension of closing argument.
- Order Following Prehearing Conference and Dismissing Non-Jurisdictional Claims, and Granting Joint Motion to Add One Hearing DayOAH dismissed Student's Section 504, Section 1983, and state civil rights claims at Student's own unopposed request because OAH's jurisdiction is limited to IDEA special education matters, and set the remaining issues for hearing.
2015
- Order Following Prehearing Conference; Scheduling Due Process Hearing on Jurisdictional Issue; Ordering Opening BriefsOAH dismissed Student's claim that the expulsion violated Education Code section 48900 because OAH lacks jurisdiction over general expulsion procedures. It set a hearing on whether res judicata bars the remaining discipline claims.
- Order Following Prehearing ConferenceOAH dismissed without prejudice Student's claim about auditory-verbal therapy from birth to age three because its Special Education Division has no jurisdiction over Part C Early Start claims.
- Notice of No Action Needed Regarding Request for Bypass ProvisionOAH took no action on Parent's request for a federal 'bypass' under 34 C.F.R. 300.190 because only the U.S. Secretary of Education can take that action, which is beyond OAH's jurisdiction.
2014
- Order Following Prehearing ConferenceOAH dismissed Student's claims about the SARB process, anti-bullying policies, and discrimination because they do not arise under the IDEA, and set hearing on three placement and accommodation issues.
- Order Overruling Objection of California Children's Services to Dismissal of Downey Unified School DistrictOAH overruled California Children's Services' objection to dismissing the settling school district, holding again that Student may proceed against CCS alone because CCS raised no new facts or law.
- Notice of No Action and Order Concerning Communication With Administrative Law JudgeOAH took no action on a provider's email and letter to the hearing judge about carrying out the decision, because OAH loses jurisdiction once it issues its final decision; it barred further direct contact with the judge.
- Order Following Pre-Hearing ConferenceOAH dismissed Student's Section 504, ADA, and state civil rights claims because its jurisdiction is limited to IDEA matters. It also denied Student's opposed request to continue the hearing for lack of good cause.
- Prehearing Conference OrderOAH dismissed Student's ADA, Section 504, and Unruh Act claims because it lacks jurisdiction over them, and denied District's opposed oral continuance request for lack of good cause.
- Order Limiting Issue for HearingOAH, on its own motion, removed Modesto's March 4, 2014 IEP from the hearing. The district never amended its complaint to add that IEP, so OAH lacked jurisdiction over it.
- Order Denying Motion to Amend Complaint and Deeming District's Motion to Dismiss Second Amended Complaint MootOAH denied Student's request to add a second amended complaint because its claims fell outside OAH's jurisdiction. Those claims were administrative misconduct, falsified documents, emotional distress, disciplinary orders, and money damages.
- Order Following Pre-Hearing Conference of January 10, 2014OAH dismissed Student's ADA and Section 504 claim on its own as outside its jurisdiction, set assessment and IEP issues for hearing, and denied Student's oral request for a continuance for lack of good cause.
2013
- Notice of No Action and Order to Stop Filing DocumentsOAH took no action on Student's post-decision 'Notice to Proceed' and ordered Student to stop filing similar documents, because OAH lacks jurisdiction once it issues a decision and repeated filings waste resources.
- Order Following Prehearing ConferenceOAH dismissed Student's Section 504, ADA, and civil rights claim as beyond due process jurisdiction and set three IDEA issues for an October 2013 hearing against Newport-Mesa Unified.
- Order Following Prehearing ConferenceOAH set the issues for a consolidated hearing. It dismissed Student's claim about a future Options placement as moot and Student's mandatory-reporting misconduct claim for lack of jurisdiction.
- Order Granting Student's Implied Motion to Amend Complaint and Dismissal of Request to Recuse District CounselOAH denied Student's request to recuse District's counsel because OAH has no jurisdiction to disqualify a party's lawyer, and treated two advocate filings together as a timely amended complaint.
- Order Following Pre-Hearing ConferenceOAH dismissed Carousel School as a respondent because, as a nonpublic school, it is not a public agency that can be a party to a due process hearing.
- Order Finding Jurisdiction to Adjudicate District Issues G) and H) and Denying Student's Motion to DismissOAH kept District's claims about compliance with a prior IEE order. It ruled that it may decide whether the District's and Parent's compliance with that order affected whether Student received a FAPE.
- Order Following Prehearing Conference of June 3, 2013OAH dismissed, on its own motion, Student's Section 504, ADA, and state civil rights claims as outside its jurisdiction, and granted a joint continuance so agreed-upon assessments could be completed.
- Order Denying Student's Motion for Order Appointing Evaluator for an Independent Educational AssessmentOAH denied Student's motion to appoint a chosen evaluator for an independent educational evaluation. OAH cannot enforce a mediated interim agreement, the complaint did not raise an IEE claim, and the facts were disputed.