California OAH special education order · July 13, 2018
Order Granting Student's Motion to Compel Response
OAH Case No. 2018040335 · ALJ Linda Johnson
OAH ordered San Bruno to serve and file a response to Student's amended due process complaint by July 17, 2018, because districts must respond to a complaint within 10 days.
Summary
San Bruno filed a notice of representation but never responded to Student's original or amended due process complaint. Student moved to compel a response, and San Bruno did not oppose. OAH granted the motion. It explained that state and federal law require a district to respond to the specific issues in a complaint within 10 days, and that failing to respond blocks the case from going to hearing and may shift the cost of the delay to the district. OAH ordered San Bruno to give Student a response by 5:00 p.m. on July 17, 2018, and to file the response or a proof of service with OAH by the same deadline.
Why it matters
Parents can ask OAH to order a district that ignores a due process complaint to file the response the law requires. Under M.C. v. Antelope Valley, a district's failure to respond can also shift the costs of the delay to the district.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(B)(i)(I)
- 20 U.S.C. § 1415(c)(2)(B)(ii)
- Ed. Code § 56502(d)
- M.C. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189
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. 2018040335 v. ORDER GRANTING STUDENT’S
MOTION TO COMPEL RESPONSE
SAN BRUNO PARK SCHOOL DISTRICT.
On April 6, 2018, Student filed a request for due process with the Office of Administrative Hearings naming San Bruno Park School District. San Bruno filed a notice of representation on April 6, 2018, but did not file a response to Student’s complaint. On May 15, 2018, Student filed a motion to amend the complaint. San Bruno did not object to Student’s motion but did not file a response to Student’s amended complaint. On May 21, 2018, OAH granted Student’s request to amend the complaint. On July 3, 2018, Student filed a motion to compel San Bruno to file a response to Student’s amended complaint.
San Bruno did not respond.
State and federal law require a school district to respond to a due process complaint within 10 days of receiving the complaint. This response must specifically address the issues raised in the due process hearing request notice. (20 U.S.C. §§ 1415(c)(2)(B)(i)(I) & 1415(c)(2)(B)(ii); Ed. Code § 56502(d)(A)(D).) Failure to file a response will prevent a matter from proceeding to hearing and may shift the cost of the delay to the school district.
(M.C. v. Antelope Valley Union High School District (9th Cir. 2017) 858 F. 3d 1189, 1199- 1200.)
San Bruno is ordered to provide Student with a response to her amended complaint by 5:00 p.m. on July 17, 2018. San Bruno is further order to file said response with OAH or a proof of service that it provided a response to Student by 5:00 p.m. on July 17, 2018.
IT IS SO ORDERED.
DATE: July 13, 2018
LINDA JOHNSON
Administrative Law Judge Office of Administrative Hearings