Recent opinions of the California Office of Administrative Hearings are noted here briefly. The opinions themselves may be downloaded by clicking on the case name.
oah opinions
Parents v. Saddleback Valley USD
(OAH Case No. N2007090371; July 11, 2008)
(statute of limitations; waiver of statute of limitations)
As the result of a birth accident, Student suffers from mild mental retardation which qualified her for special education services in 1995. Parents filed their due process request in September, 2007. The District requested that a separate hearing be held on the issue of whether the statute of limitations was applicable and this opinion deals only with that determination.
The ALJ found that the two year statute of limitations (Ed.Code §56505(l)) was applicable rather than the three year statute (Ed.Code §56403(r)) based on the implicit repeal by the legislature indicated by the enactment dates. Further, the ALJ found against the parents with respect to the two exceptions set forth in the section: misrepresentation or withholding information.
Mother v. San Bruno Park SD
(OAH Case No.: 2008040327; July 10, 2008
(failure to implement IEP; transfer SELPA; materiality of failure)
Student transferred between districts and SELPAs in June 2007 bringing with her an IEP implemented in the prior district which had a behavior intervention plan, speech and language therapy and adaptive physical education. New district offered, but parents did not sign an IEP in October, 2007.
The ALJ found that the Student was denied FAPE and awarded compensatory services based on District's failure to implement the prior IEP and that failure was deemed to be material. Materiality does not require demonstrable educational harm, although progress or lack thereof may be probative of materiality.