California OAH special education order · August 25, 2017

Order Requiring District to File a Response

OAH Case No. 2017051355 · ALJ Laurie Gorsline

OAH ordered Los Altos School District to respond to Student's due process complaint by August 28, 2017, because state and federal law require a district response and none was filed.

Ruling Other orders

This case went to decision

Student v. Los Altos School District: Los Altos School District wins on all claims; second grader with private autism and ADHD diagnoses found not eligible. (2017)

Summary

Student filed a due process complaint against Los Altos School District on May 30, 2017, and District never filed a response with OAH. On its own motion, OAH ordered District to file either a response to the complaint or a declaration attaching prior written notice sent to Parent on the same subject matter. The deadline was 1:00 p.m. on August 28, 2017. OAH relied on state and federal law and the Ninth Circuit's decision in M.C. v. Antelope Valley, which require a district to respond to a due process complaint.

Why it matters

Districts cannot ignore a due process complaint. If a district does not respond, parents can expect OAH to order a response or prior written notice, which can help clarify the district's position before hearing.

Key authority cited

  • Ed. Code, § 56502, subd. (d)(2)(A)
  • 20 U.S.C. § 1415(c)(2)(B)(i)(I)
  • 34 C.F.R. § 300.508
  • M.C. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189

Topics

district response prior written notice due process complaint m.c. v. antelope valley oah own motion

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. 2017051355 v. ORDER REQUIRING DISTRICT TO

FILE A RESPONSE

LOS ALTOS SCHOOL DISTRICT.

On May 30, 2017, Student filed a Request for Due Process Hearing with the Office of Administrative Hearings, naming Los Altos School District.

State and federal law require a local education agency to respond to a due process.

(Ed. Code, § 56502, subd. (d)(2)(A); 20 USC § 1415(c)(2)(B)(i)(I); 34 C.F.R. § 300.508.);

M.C. by and through his guardian ad litem M.N. v. Antelope Valley Union High School District (9th Cir. 2017) 858 F.3d 1189, 1199-1200.) District did not file a response to Student’s due process complaint with OAH.

Accordingly, District shall file with OAH either a response to Student’s due process hearing request or a declaration attaching prior written notice that was sent to Parent regarding the subject matter contained in Student’s due process complaint, no later than 1:00 p.m. on August 28, 2017.

IT IS SO ORDERED.

DATE: August 25, 2017

LAURIE GORSLINE

Administrative Law Judge Office of Administrative Hearings