California OAH special education order · November 20, 2017
Order Denying Student's Motion to Strike as Moot
OAH Case No. 2017110296 · ALJ Judith Pasewark
OAH denied Student's motion to strike District's notice of insufficiency as moot because OAH had already found Student's complaint sufficient in its entirety.
Summary
District filed an amended notice of insufficiency challenging Student's due process complaint. Student moved to strike it, arguing that sufficiency is judged only on the face of the complaint and that District improperly raised factual and legal arguments. OAH had already found Student's complaint sufficient in its entirety on November 14, 2017, so it denied the motion to strike as moot.
Why it matters
OAH often rules on a notice of insufficiency within days, so a separate motion to strike it may become unnecessary. Sufficiency is judged on the face of the complaint, which limits how far a district can argue facts at this stage.
Key authority cited
- 20 U.S.C. § 1415(b)(7)
- 20 U.S.C. § 1415(c)(2)(D)
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. 2017110296 v. ORDER DENYING STUDENT’S
MOTION TO STRIKE AS MOOT
LOMPOC UNIFIED SCHOOL DISTRICT.
On November 13, 2017, District filed an Amended Notice of Insufficiency on Student’s Request for Due Process Hearing complaint. On November 13, 2017, Student filed a Motion to Strike District’s Notice of Insufficiency requesting District’s motion be dismissed in its entirety. Student contends a Notice of Insufficiency may only be considered on the face of the complaint, while District offered factual and legal arguments which are contrary to law. (20 U.S.C. § 1415 (b)(7); 20 U.S.C. § 1415 (c)(2)(D).)
On November 14, 2017, OAH issued an Order on District’s Notice of Insufficiency which found Student’s complaint sufficient in its entirety. Therefore, Student’s Request to Strike District’s Notice of Insufficiency denied as moot.
DATE: November 20, 2017
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings