California OAH special education order · December 26, 2017
Order Denying Notice of Insufficiency as Moot
OAH Case No. 2017120491 · ALJ Tara Doss
OAH denied Los Angeles Unified's notice of insufficiency as moot because it had already granted Los Angeles' motion to dismiss and removed it as a party the same day.
Summary
Student filed a due process complaint with expedited and non-expedited issues against Manhattan Beach Unified and Los Angeles Unified. Los Angeles filed both a motion to dismiss and a notice of insufficiency. OAH granted the motion to dismiss, which removed Los Angeles from the case, so it denied the insufficiency challenge as moot without deciding whether the complaint was sufficient. The order made no ruling on sufficiency as to Manhattan Beach, and all dates stayed in place for the case against Manhattan Beach.
Why it matters
Once a district is dismissed from a case, OAH will not rule on that district's sufficiency challenge. The case keeps going against the remaining district on its existing schedule.
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. 2017120491 v. ORDER DENYING NOTICE OF
INSUFFICIENCY AS MOOT
MANHATTAN BEACH UNIFIED
SCHOOL DISTRICT AND LOS ANGELES
UNIFIED SCHOOL DISTRICT.
On December 8, 2017, Student filed a Due Process Hearing Request with the Office of Administrative Hearings, naming Manhattan Beach Unified School District and Los Angeles Unified School District. Student’s complaint contained both expedited and non- expedited issues. On December 19, 2017, Los Angeles filed a Motion to Dismiss and a Notice of Insufficiency as to Student’s complaint. On December 26, 2017, OAH issued an order granting Los Angeles’ Motion to Dismiss and thereby, dismissing Los Angeles as a party to this matter.
Los Angeles’ Notice of Insufficiency is moot in light of OAH’s December 26, 2017 order granting Los Angeles’ Motion to Dismiss. Thus, OAH will not analyze whether Student’s complaint is sufficient as to Los Angeles. This Order does not make any determination regarding the sufficiency of Student’s complaint with respect to Manhattan Beach.
All mediation, prehearing conference, and due process hearing dates in this matter shall proceed as scheduled with respect to Manhattan Beach.
IT IS SO ORDERED.
DATE: December 26, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings