California OAH special education order · March 28, 2019
Dismissal of Determination of Sufficiency of Due Process Complaint
OAH Case No. 2019030484 · ALJ Judith Pasewark
OAH dismissed the Contra Costa SELPA's sufficiency challenge as moot because the SELPA had already been dismissed as a party to Student's complaint the same day.
This case went to decision
Student v. Mt. Diablo Unified School District et al.: Mt. Diablo Unified and Contra Costa County Office of Education win residency dispute; disenrolled student's claims denied and stay put vacated. (2019)
Summary
The Contra Costa Special Education Local Plan Area filed a Notice of Insufficiency against Student's due process complaint. In the alternative, it moved to be dismissed from the case. Student did not respond. Because OAH granted the SELPA's motion to dismiss on March 28, 2019, the SELPA was no longer a party, so OAH dismissed its sufficiency request as moot.
Why it matters
Once a party is dismissed from a case, OAH will not rule on that party's other challenges to the complaint. Parents should still respond to motions to dismiss if they want to keep a SELPA or county office in the case, because unopposed motions may be granted.
Key authority cited
- 20 U.S.C. § 1415(b)(7)(A)
- 20 U.S.C. § 1415(c)
- Ed. Code § 56502
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. 2019030484 v. DISMISSALOF DETERMINATION OF
SUFFICIENCY OF DUE PROCESS
MT. DIABLO UNIFIED SCHOOL COMPLAINT
DISTRICT, CONTRA COSTA COUNTY
OFFICE OF EDUCATION AND CONTRA
COSTA SPECIAL EDUCATION LOCAL
PLAN AREA
On March 12, 2019 Student filed a Due Process Hearing Request (complaint) with the Office of Administrative Hearings naming Mt. Diablo Unified School District, Contra Costa County Office of Education and Contra Costa Special Education Local Plan Agency. 2 On March 27, 2019, Contra Costa Special Education Local Plan Area filed a Notice of Insufficiency as to Student’s complaint, and in the alternative, a Motion to Dismiss Contra Costa Special Education Local Plan Area from Student’s complaint.
OAH received no response to the Notice of Insufficiency or the Motion to Dismiss.
APPLICABLE LAW
The named parties to a due process hearing request have the right to challenge the sufficiency of the complaint. (20 U.S.C. § 1415(b) & (c).) The party filing the complaint is not entitled to a hearing unless the complaint meets the requirements of title 20 United States Code section 1415(b)(7)(A).
A request for a due process hearing under Education Code section 56502 is the due process complaint notice required under title 20 U.S.C. section 1415(b)(7)(A).
Contra Costa County Office of Education was dismissed as a party on March 28, 2019.
ORDER
Contra Costa Special Education Local Plan Area’s Motion to Dismiss was granted on March 28, 2019. As Contra Costa Special Education Local Plan area has been dismissed, the request for a Determination of Sufficiency of Student’s complaint as it relates to Contra Costa Special Education Local Plan area is moot.
Contra Costa Special Education Local Plan Area request for a Determination of Sufficiency of Student’s complaint is dismissed.
DATE: March 28, 2019
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings