California OAH special education order · November 18, 2019
Order Denying Student's Motion to Dismiss
OAH Case No. 2019100729 · ALJ Kara Hatfield
OAH denied Student's motion to dismiss Greenfield's due process complaint because Student gave no reason why the case should be dismissed without a hearing on the merits.
This case went to decision
Greenfield Union School District v. Student: Greenfield Union may implement its August 2019 IEP without Parent's consent after ALJ finds the offer provided FAPE. (2020)
Summary
Greenfield Union School District filed a due process complaint naming Student. Student moved to dismiss Greenfield's case "without prejudice," and Greenfield did not respond. OAH denied the motion because Student did not state any reason why the complaint should be dismissed without a hearing on the merits.
Why it matters
A motion to dismiss a district's complaint must give a legal basis for dismissal. Simply asking OAH to dismiss, even when the district does not oppose, will not end the case.
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:
GREENFIELD UNION SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2019100729
ORDER DENYING STUDENT’S MOTION TO DISMISS
On October 18, 2019, Greenfield Union School District filed a Request for Due Process Hearing, called a complaint, with the Office of Administrative Hearings, called OAH, naming Student.
On November 12, 2019, Student filed a Motion to Dismiss Greenfield’s case “without prejudice.” OAH received no response to the Motion to Dismiss from Greenfield.
DISCUSSION AND ORDER
There are many bases upon which a respondent may move to dismiss a petitioner’s complaint. Student failed to state any reason why Greenfield’s complaint should be dismissed without a due process hearing on the merits of the case.
Accordingly, Student’s Motion to Dismiss is DENIED.
IT IS SO ORDERED.
DATED: November 18, 2019 Kara Hatfield Administrative Law Judge Office of Administrative Hearings