California OAH special education order · January 27, 2014
Tentative Order of Determination of Sufficiency of Due Process Complaint, Dismissing Notice of Insufficiency as Moot
OAH Case No. 2013090535 · ALJ Charles Marson
OAH tentatively dismissed District's notice of insufficiency as moot because a same-day order tentatively dismissed Student's second amended complaint with prejudice, subject to oral argument.
Summary
District filed a notice of insufficiency challenging Student's second amended due process complaint. In a separate order issued the same day, OAH tentatively granted District's motion to dismiss the second amended complaint and the whole case with prejudice. OAH therefore tentatively dismissed the sufficiency challenge as moot. Both rulings are subject to the oral argument set in the motion to dismiss order.
Why it matters
OAH will not decide whether a complaint is sufficient once it has tentatively dismissed the entire case, so the real fight moves to the motion to dismiss and the oral argument on it.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(A)
- 20 U.S.C. § 1415(b)(7)(A)
- Ed. Code § 56502
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013090535
v. TENTATIVE ORDER OF
DETERMINATION OF SUFFICIENCY
LINCOLN UNIFIED SCHOOL DISTRICT OF DUE PROCESS COMPLAINT,
AND SAN JOAQUIN COUNTY OFFICE DISMISSING NOTICE OF
OF EDUCATION. INSUFFICIENCY AS MOOT
TENTATIVE RULING SUBJECT TO
ORAL ARGUMENT
On September 16, 2013, Student filed a due process hearing request 1 (complaint)
naming the Lincoln Unified School District (District) and the San Joaquin County Board of Education (County). On January 9, 2014, Student filed a second amended complaint.
On January 13, 2014, District filed a Notice of Insufficiency (NOI) as to Student’s second amended complaint under the provisions of section 1415(c)(2)(A) of title 20 of the United States Code.
In another Order dated this same day, the Office of Administrative Hearings has issued a tentative ruling dismissing Student’s second amended complaint and dismissing this action with prejudice. District’s NOI is therefore dismissed as moot, subject to the oral argument set in the order regarding District’s motion to dismiss.
Dated: January 27, 2014 /s/
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings 1 A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 United States Code section 1415(b)(7)(A).