California OAH special education order · August 2, 2019
Order Partially Granting Student's Motion to Compel a Response
OAH Case No. 2019070035 · ALJ Linda Johnson
OAH ordered Chime Institute's Schwarzenegger Community School to respond to Student's due process complaint by August 9, 2019. It denied the motion as moot for Los Angeles Unified, which had already responded.
Summary
Student asked OAH to order both Chime Institute's Schwarzenegger Community School and Los Angeles Unified School District to file the required response to his due process complaint. Los Angeles Unified filed its response two days after the motion, so the motion was denied as moot as to that district. Chime did not respond to the motion. OAH ordered Chime to serve a response on Student and file it, or a proof of service, with OAH by 5:00 p.m. on August 9, 2019, because the law requires a district to respond within 10 days.
Why it matters
School agencies, including charter schools, must respond to a due process complaint within 10 days. A motion to compel can force a response, and under M.C. v. Antelope Valley the cost of delay from a missing response may be shifted 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,
v.
CHIME INSTITUTE'S SCHWARZENEGGER COMMUNITY
SCHOOL AND LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019070035
ORDER PARTIALLY GRANTING STUDENT’S MOTION TO COMPEL A
RESPONSE
On June 28, 2019, Student filed a request for due process with the Office of Administrative Hearings naming Chime Institute’s Schwarzenegger Community School and Los Angeles Unified School District. On July 29, 2019, Student filed a motion to compel Chime Institute’s Schwarzenegger Community School and Los Angeles Unified School District to file a response to Student’s complaint. On July 31, 2019, Los Angeles Unified School District filed a response to Student’s complaint. Chime Institute’s Schwarzenegger Community School did not respond to Student’s motion.
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.)
Student’s motion to compel a response is granted as to Chime Institute’s Schwarzenegger Community School. Chime Institute’s Schwarzenegger Community School is ordered to provide Student with a response to his complaint by 5:00 p.m. on August 9, 2019. Chime Institute’s Schwarzenegger Community School 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 August 9, 2019. Student’s motion is denied as moot as to Los Angeles Unified School District.
IT IS SO ORDERED.
DATED: August 2, 2019 Linda Johnson Administrative Law Judge Office of Administrative Hearings