California OAH special education order · February 4, 2014
Final Order of Determination of Sufficiency of Due Process Complaint, Dismissing Notice of Insufficiency as Moot
OAH Case No. 2013090535 · ALJ Charles Marson
OAH dismissed Lincoln's notice of insufficiency as moot because, in a separate order the same day, it dismissed Student's second amended complaint and the whole case with prejudice.
Summary
Student filed a due process complaint against Lincoln and the County, then a second amended complaint on January 9, 2014. Lincoln filed a notice of insufficiency challenging that second amended complaint. OAH did not rule on whether the complaint was sufficient. It dismissed the notice as moot because a separate order issued the same day dismissed the second amended complaint and the entire action with prejudice.
Why it matters
A sufficiency challenge goes away once the case itself is dismissed. Here the real ruling, a dismissal with prejudice, appears in a separate order that parents should read to understand why the case ended.
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. FINAL ORDER OF DETERMINATION
OF SUFFICIENCY OF DUE PROCESS
LINCOLN UNIFIED SCHOOL DISTRICT COMPLAINT, DISMISSING NOTICE
AND SAN JOAQUIN COUNTY BOARD OF INSUFFICIENCY AS MOOT
OF EDUCATION.
On September 16, 2013, Student filed a due process hearing request 1 (complaint)
naming the Lincoln Unified School District (Lincoln) and the San Joaquin County Board of Education (County). On January 9, 2014, Student filed a second amended complaint.
On January 13, 2014, Lincoln 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 final ruling dismissing Student’s second amended complaint and dismissing this action with prejudice. Lincoln’s NOI is therefore dismissed as moot Dated: February 4, 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).