California OAH special education order · November 18, 2016
Order Denying Student's Motion Opposing ALJ's Substantive Change of Issue as Moot
OAH Case No. 2016100772 · ALJ Charles Marson
OAH denied as moot Student's motion to change how issues were worded in the prehearing conference order, because a separate order had already dismissed the entire issues Student wanted reworded.
This case went to decision
Student v. Elk Grove Unified School District: Elk Grove Unified owed no special education services for 2016-2017 because Parent did not comply with an assessment order. (2016)
Summary
After a November 14, 2016 prehearing conference, Student moved to change the order's wording of Issue 1.e and Issue 2.d and the lettering of the issues, arguing one issue had been stated inaccurately and too narrowly. Elk Grove did not respond. On November 17, 2016, ALJ Clifford Woosley granted a motion to dismiss in part, which dismissed all of Issues 1 and 2, and also bifurcated the hearing. Because those issues were no longer in the case, ALJ Marson denied Student's motion as moot.
Why it matters
A request to reword hearing issues goes nowhere once those issues are dismissed. Parents should address dismissal motions first, because a dismissal can make disputes over issue wording irrelevant.
People named in the order
- Clifford Woosley, Administrative Law Judge (issued order granting motion to dismiss in part)
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. 2016100772 v. ORDER DENYING STUDENT’S
MOTION OPPOSING ALJ’S
ELK GROVE UNIFIED SCHOOL SUBSTANTIVE CHANGE OF ISSUE
DISTRICT. AS MOOT
On November 14, 2016, the undersigned Administrative Law Judge conducted a prehearing conference in this matter and issued an Order Following Prehearing Conference, which set forth the issues to be heard at hearing.
On November 16, 2016, Student filed a “Motion Opposing ALJ’s Substantive Change of Issue,” arguing that one of the issues defined in the PHC Order was inaccurate and unduly narrow. The motion also requested two other changes in the Order. No response has been received from Elk Grove.
On November 17, 2016, ALJ Clifford Woosley issued an Order Granting Motion to Dismiss, in Part, and Order Bifurcating Hearing. That Order dismissed the majority of issues in the November 14, 2016 Order Following PHC, making the instant motion moot.
Specifically Student’s requests to alter the language of Issue 1.e, and the lettering of the issues, are moot because Judge Woosley’s order dismissed the entirety of Issue 1.
Student’s request to alter the language of Issue 2.d is also moot because Judge Woosley’s order dismissed the entirety of Issue 2.
Student’s motion is denied as moot.
IT IS SO ORDERED.
DATE: November 18, 2016
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings