California OAH special education order · October 25, 2018

Order Determining Request for Response to Complaint Moot

OAH Case No. 2018090670 · ALJ Penelope S. Pahl

OAH found moot Student's request to order Fremont to respond to the due process complaint, because the District filed its response the same day the order issued.

Moot Other orders

This case went to decision

Student v. Fremont Union High School District: Fremont Union High must provide door-adjacent curb-to-curb transportation inside a gated complex and reimburse the family's mileage. (2018)

Summary

Student filed a due process complaint on September 18, 2018. On October 17, 2018, Student asked OAH to order Fremont to file the response to the complaint that state and federal law require. Fremont filed its response on October 25, 2018, so OAH found Student's request moot and took no further action. The case continues under the September 20, 2018 scheduling order.

Why it matters

If a district does not file its required response to a due process complaint, parents can ask OAH to order one. A district can make that request moot simply by filing the response.

Topics

district response to complaint mootness due process procedure motion practice

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. 2018090670 v. ORDER DETERMINING REQUEST

FOR RESPONSE TO COMPLAINT

FREMONT UNION HIGH SCHOOL MOOT

DISTRICT.

On September 18, 2018, Parent on behalf of Student filed a request for due process hearing naming Fremont Union High School District as respondent. On October 17, 2018, Parent on behalf of Student filed a motion asking that the Office of Administrative Hearings direct Fremont to file a response to Student’s request for due process hearing as required by state and federal law. On October 25, 2018, Fremont filed its response to Student’s complaint.

As Fremont has now filed a response, Student’s request is moot. No further action is required. The matter shall proceed as stated in the previously issued September 20, 2018 scheduling order.

IT IS SO ORDERED.

DATE: October 25, 2018

PENELOPE S. PAHL

Administrative Law Judge Office of Administrative Hearings