California OAH special education order · July 15, 2015

Order (1) Setting Aside Dismissal and Reopening Case and (2) Setting Status Conference

OAH Case No. 2015030179 · ALJ Alexa J. Hohensee

OAH set aside the dismissal and reopened Student's case for good cause, because the settlement behind the dismissal still needed District board approval.

Granted Reopening cases and vacating settlements

Summary

Student asked OAH to dismiss the case based on a signed settlement agreement, and OAH dismissed it on July 13, 2015. The next day, Student asked that the dismissal be held in abeyance because the settlement still needed approval at a District board meeting that day. OAH treated the request as a motion to set aside the dismissal, found good cause, and reopened the case. It set a status conference for July 29, 2015, which will be canceled if another request to withdraw or dismiss is received first.

Why it matters

Families should not request dismissal until a settlement is final, including any required school board approval. If a case is dismissed too early, a prompt request can get it reopened.

Topics

settlement board approval reopen case set aside dismissal status conference

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. 2015030179 v. ORDER (1) SETTING ASIDE

DISMISSAL AND REOPENING CASE

CHAFFEY JOINT UNION HIGH SCHOOL AND (2) SETTING STATUS

DISTRICT. CONFERENCE

On July 13, 2015, Student filed with the Office of Administrative Hearings a request to dismiss Student’s due process complaint against Chaffey Joint Union High School District, based upon a signed settlement agreement between the parties. By order dated July 13, 2015, Student’s matter was dismissed.

On July 14, 2015, Student filed a request that his request for dismissal be held in abeyance pending a District board meeting on July 14, 2015, as the settlement agreement between the parties was subject to board approval. Student’s request is treated as a motion to set aside the dismissal and reopen this matter. On good cause shown, the order of dismissal dated July 14, 2015, is set aside and this matter is reopened.

A status conference in this matter is set for 10:30 a.m. on July 29, 2015. If another request to withdraw or dismiss this matter is received prior to July 29, 2015, all dates will be vacated and the teleconference will not be held.