California OAH special education order · June 4, 2013
Order Denying Request to Reopen Case
OAH Case No. 2011050527 · ALJ Judith A. Kopec
OAH denied Parent's request to reopen a case District had filed and later withdrawn, because only District, which filed the case, could seek to reopen it.
Summary
District filed this due process case in May 2011. OAH dismissed and closed it in August 2011 after District withdrew its complaint. In June 2013, Parent sent OAH a letter asking to reopen the case, describing events from the original matter and events after it closed. OAH denied the request because District, not Parent, filed the case, so Parent had no authority to reopen it. OAH noted that Parent may file her own request for mediation or due process hearing on the issues in her letter.
Why it matters
A parent cannot revive a case the district filed and withdrew. To pursue concerns about past or later events, the parent must file a new mediation request or due process complaint.
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:
STANISLAUS UNION ELEMENTARY OAH CASE NO. 2011050527
SCHOOL DISTRICT
ORDER DEYING REQUEST TO
v. REOPEN CASE
STUDENT.
Stanislaus Union Elementary School District (District) filed this matter in May 2011.
It was dismissed and closed in August 2011 after District withdrew the complaint.
On June 3, 2013, the Office of Administrative Hearings (OHA) received a letter from Student’s mother (Mother) asking that this case be reopened. In the letter, Mother references events pertaining to this matter as well as events occurring after this matter was closed.
This matter was filed by District, not Mother. Therefore, Mother has no authority to request that this matter be reopened. Without making any determination concerning the merits of the facts included in Mother’s June 3, 2013 letter, Mother may file her own request for mediation or due process hearing with OAH concerning the issues raised in the letter.
It is so ordered.
Dated: June 4, 2013 /s/
JUDITH A. KOPEC
Division Presiding Administrative Law Judge Office of Administrative Hearings