California OAH special education order · January 23, 2015
Order Reopening Case and Setting Status Conference
OAH Case No. 2014120671 · ALJ Bob N. Varma
OAH reopened Student's case after Student said a dismissal request had been filed by mistake while a mediated settlement still awaited Clovis's school board approval.
Summary
At a January 20, 2015 mediation, the parties reached a settlement that still needed approval from Clovis's school board, and they agreed to set a status conference after the board meeting. The next day, Student filed a request to dismiss, and OAH dismissed the case. Student then filed a notice saying the dismissal was premature and filed in error. OAH treated this as a request to reopen, granted it, and set a telephone status conference for March 4, 2015. Clovis may ask for reconsideration if it objects.
Why it matters
Do not withdraw a case while a settlement still needs school board approval. If a dismissal is filed by mistake, ask OAH right away to reopen the case.
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. 2014120671 v. ORDER REOPENING CASE AND
SETTING STATUS CONFERENCE
CLOVIS UNIFIED SCHOOL DISTRICT.
At the January 20, 2015 mediation, the parties in this matter reached a final settlement agreement, subject to approval by the Clovis Unified School District’s board of trustees. The parties agreed to set a status conference in this matter following the anticipated board meeting, and executed the requisite Office of Administrative Hearings forms.
On January 21, 2015, before OAH could enter the parties executed mediation forms into the docket, Student filed a request to dismiss the matter and OAH dismissed the matter.
On January 22, 2015, Student filed a notice of error, stating that the dismissal was premature and filed in error, and asked that OAH disregard the withdrawal. Student’s request is treated as a request to reopen the matter and is granted. 1 This matter is reopened. A status conference is set for March 4, 2015, at 10:00 a.m.
OAH will initiate the telephonic status conference.
IT IS SO ORDERED.
DATE: January 23, 2015
/ S/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings If Clovis believes the matter should not be reopened, it may file a request for reconsideration.