California OAH special education order · January 28, 2014

Amended 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, in a separate same-day order, it tentatively dismissed Student's second amended complaint and the whole case with prejudice.

Ruling Sufficiency of complaint

Summary

District challenged the sufficiency of Student's second amended due process complaint. In a separate order issued the same day, OAH tentatively granted dismissal of the second amended complaint and the entire action with prejudice. Because of that dismissal, OAH tentatively dismissed District's notice of insufficiency as moot, subject to the oral argument set in the motion-to-dismiss order. This amended version only removed the San Joaquin County Board of Education from the caption.

Why it matters

A pending sufficiency challenge can become moot when OAH rules on a motion to dismiss, so parents should focus on answering the dismissal motion, including at any oral argument OAH offers on a tentative ruling.

Key authority cited

  • 20 U.S.C. § 1415(c)(2)(A)
  • 20 U.S.C. § 1415(b)(7)(A)
  • Ed. Code § 56502

Topics

sufficiency notice of insufficiency moot tentative ruling oral argument amended complaint

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. AMENDED TENTATIVE ORDER OF

DETERMINATION OF SUFFICIENCY

LINCOLN UNIFIED SCHOOL DISTRICT. OF DUE PROCESS COMPLAINT,

DISMISSING NOTICE OF

INSUFFICIENCY AS MOOT 1

TENTATIVE RULING SUBJECT TO

ORAL ARGUMENT

On September 16, 2013, Student filed a due process hearing request 2 (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 28, 2014 /s/

CHARLES MARSON

Administrative Law Judge Office of Administrative Hearings 1 This order is amended to remove San Joaquin County Board of Education from the caption. No other changes have been made.

2 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).