California OAH special education order · August 20, 2019
Order Denying Motion to Compel Response to Complaint as Moot
OAH Case No. 2019080010 · ALJ Rita Defilippis
OAH denied Student's motion to compel Inspire Charter School to respond to the due process complaint as moot, because Inspire had already filed its response.
Summary
Student filed a due process complaint against Inspire Charter School on July 31, 2019. On August 14, 2019, Inspire filed its response, and Student filed a motion the same day asking OAH to order Inspire to respond. OAH explained that the IDEA requires an agency to respond within 10 days if it has not already sent prior written notice on the issues in the complaint. Because Inspire showed it had provided a response, OAH denied the motion as moot.
Why it matters
If a district or charter school does not send the required written response within 10 days, families can ask OAH to compel one. Once the agency responds, though, the motion becomes moot.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(B)(i)(I)
- Ed. Code § 56502, subd. (d)(2)(B)
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.
INSPIRE CHARTER SCHOOL.
OAH CASE NUMBER 2019080010
ORDER DENYING MOTION TO COMPEL RESPONSE TO COMPLAINT AS
MOOT
On July 31, 2019, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Inspire Charter School as respondent.
On August 14, 2019, Inspire filed a Response to Students Request for Due Process. On August 14, 2019, Student filed a Motion to Compel a Response to Student’s complaint.
The Individuals with Disabilities Education Act requires a district to send to the parent a response to the parent’s due process complaint, within 10 days of receiving the complaint, if the local education agency has not previously sent a prior written notice to the parent regarding the subject matter contained in the parent's complaint. (20 U.S.C.
§1415(c)(2)(B)(i)(I); Ed. Code §56502, subd. (d)(2)(B).) The response shall include an explanation of why the agency proposed or refused to take the action raised in the complaint; a description of other options that the individualized education program team considered and the reasons why those options were rejected; a description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and a description of the factors that are relevant to the agency's proposal or refusal. (Ibid.)
In the present matter, Inspire has demonstrated that a response to the complaint has been provided. Student’s motion to compel the response is, therefore, DENIED as moot.
DATED: August 20, 2019 Rita Defilippis Administrative Law Judge Office of Administrative Hearings