California OAH special education order · October 31, 2019
Order Denying Motion to Compel Proof of Residency or Alternatively to Dismiss
OAH Case No. 2019090718 · ALJ Adrienne L. Krikorian
OAH denied Montebello Unified's motion to compel proof of Student's residency or dismiss the complaint because it targeted the original complaint, which became moot once Student's amended complaint was allowed.
Summary
Montebello Unified asked OAH to order Student to prove residency in the district, or else dismiss the original due process complaint. Student opposed the motion and filed a declaration and a residential lease agreement. The same day, OAH granted Student's earlier motion to amend the complaint. Because the District's motion addressed only the original complaint, it became moot and was denied, and the hearing dates under the new scheduling order were confirmed.
Why it matters
When a district's motion is aimed at the original complaint, an approved amended complaint can make that motion moot. Parents facing residency challenges can respond with documents such as a lease and a declaration.
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.
MONTEBELLO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019090718
ORDER DENYING MOTION TO COMPEL PROOF OF RESIDENCY OR
ALTERNATIVELY TO DISMISS
On September 19, 2019, Student filed a Request for Due Process Hearing, referred to as the complaint, with the Office of Administrative Hearings, naming Montebello Unified School District. The Office of Administrative Hearings is referred to as OAH. On October 24, 2019, Student filed a Motion to Amend the complaint.
On October 25, 2019, Montebello Unified filed a Motion to Compel Proof of Residency, or alternatively to dismiss the original complaint. On October 30, 2019, Student filed an opposition to the Motion to Compel, supported by a declaration and residential lease agreement.
OAH granted Student’s Motion to Amend on October 31, 2019, rendering this Motion, which addresses the original complaint, moot. OAH issued a new Scheduling Order on the amended complaint.
Montebello Unified’s Motion to Compel, or alternatively to dismiss, is denied. All hearing dates are confirmed pursuant to the Scheduling Order issued on Student’s Amended Complaint.
IT IS SO ORDERED.
DATED: October 31, 2019 Adrienne L. Krikorian Administrative Law Judge Office of Administrative Hearings