California OAH special education order · March 2, 2017
Order Denying Motion to Compel Response to Complaint
OAH Case No. 2016090295 · ALJ Adrienne L. Krikorian
OAH denied Student's motion to compel District and SLCOE to respond to the amended complaint as moot, because both agencies served their responses after the motion was filed.
Summary
Student filed an amended due process complaint against District and SLCOE, then moved to compel both agencies to respond to it. Three days after the motion, District and SLCOE served responses on Student's counsel and filed courtesy copies with OAH. Because the responses had been served, OAH found the motion moot and denied it.
Why it matters
A motion to compel a district's response to a due process complaint can push the district to answer. Once the response is served, though, OAH will treat the motion as moot and will not grant any further relief.
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. 2016090295 v. ORDER DENYING MOTION TO
COMPEL RESPONSE TO
ATASCADERO UNIFIED SCHOOL COMPLAINT
DISTRICT AND SAN LUIS OBISPO
COUNTY OFFICE OF EDUCATION.
On February 7, 2017, Student filed with the Office of Administrative Hearings an amended request for due process (complaint) naming Atascadero Unified School District (District) and San Luis Obispo County Office of Education (SLCOE). On February 21, 2017, Student filed a motion to compel a response to the complaint from District and
SLCOE.
On February 24, 2017, both District and SLCOE served on Student’s counsel a response to Student’s amended complaint. They filed a courtesy copy of their responses with OAH. OAH did not otherwise receive a response to Student’s motion to compel from the responding parties.
Because both responding parties have served on Student’s counsel a response to Student’s amended complaint, Student’s motion is moot, and therefore denied.
IT IS SO ORDERED.
DATE: March 2, 2017
ADRIENNE L. KRIKORIAN
Administrative Law Judge Office of Administrative Hearings