California OAH special education order · May 3, 2016
Notice of No Action Regarding Student's Motion to Dismiss and Motion for Sanctions
OAH Case No. 2016040376 · ALJ Margaret Broussard
OAH took no action on Student's motions to dismiss and for sanctions because Acalanes withdrew its due process case before responding, which ended OAH's jurisdiction over the motions.
Summary
Acalanes filed a due process hearing request, and Student then moved to dismiss it and asked OAH to sanction Acalanes. Before Acalanes's time to respond had passed, Acalanes asked to dismiss its own case, and OAH dismissed the matter. Because the case was dismissed, OAH found it no longer had jurisdiction over Student's pending motions and took no action on them.
Why it matters
A district can withdraw its own case and end a family's pending sanctions motion before OAH rules on it. Parents who want sanctions may need to raise the issue promptly or pursue it through other means.
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:
ACALANES UNION HIGH SCHOOL OAH Case No. 2016040376
DISTRICT,
NOTICE OF NO ACTION
v. REGARDING STUDENT’S MOTION
TO DISMISS AND MOTION FOR
PARENT ON BEHALF OF STUDENT. SANCTIONS
On April 7, 2016, Acalanes Union High School District filed a due process hearing request with the Office of Administrative Hearings. On April 13, 2016, Student filed a motion to dismiss and a motion requesting Acalanes be sanctioned. Before the time had passed for Acalanes to respond to the motions, Acalanes sent a request for dismissal. The matter was dismissed upon receipt of the request for dismissal. Therefore, OAH no longer has jurisdiction regarding the motion to dismiss or the motion for sanctions and no action will be taken.
IT IS SO ORDERED.
DATE: May 3, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings