California OAH special education order · May 20, 2015

Order Denying Request for Reconsideration as Moot

OAH Case No. 2015040812 · ALJ Cole Dalton

OAH denied SDCOE's request to reconsider the denial of its untimely Notice of Insufficiency as moot, because Student's motion to dismiss SDCOE as a party had been granted.

Denied as moot Reconsideration

Summary

On May 15, 2015, OAH denied the San Diego County Office of Education's Notice of Insufficiency as untimely. SDCOE asked OAH to reconsider that order, and no one opposed. Student's motion to dismiss SDCOE as a party was then granted on May 20, 2015, so the issues raised in the Notice of Insufficiency no longer mattered. OAH therefore denied the reconsideration request as moot.

Why it matters

Once a party is dismissed from a case, its pending challenges, such as reconsideration of a sufficiency ruling, become moot. Dropping an agency from a complaint can end side disputes with that agency.

Topics

reconsideration mootness notice of insufficiency dismissal of party county office of education

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. 2015040812

v. ORDER DENYING REQUEST FOR

RECONSIDERATION AS MOOT

SAN DIEGO UNIFIED SCHOOL

DISTRICT.

On May 15, 2015, the undersigned administrative law judge issued an order denying San Diego County Office of Education’s Notice of Insufficiency as untimely. On May 18, 2015, SDCOE filed a request for reconsideration. No opposition has been received.

Subsequently, Student’s motion to dismiss SDCOE as a party was granted on May 20, 2015, making the issues raised in the NOI moot.

Accordingly, SDCOE’s request for reconsideration is denied as moot.

IT IS SO ORDERED.

DATE: May 20, 2015

/ S/

COLE DALTON

Administrative Law Judge Office of Administrative Hearings