California OAH special education order · December 19, 2019
Order to Show Cause as to Why Matter Should Not Be Dismissed
OAH Case No. 2019110717 · ALJ Cynthia Fritz
OAH ordered Parent to explain why the case should not be dismissed after Elk Grove said it was resolved at the resolution session, because only Student, who filed the case, may request dismissal.
Summary
Elk Grove asked OAH to dismiss Student's due process case, saying the parties had resolved it at the resolution session. Student did not respond. OAH noted that Student filed the case and is the proper party to ask for dismissal. Relying on the district counsel's statement, OAH ordered Parent to file a written explanation of the case's status by 5:00 PM on December 23, 2019, or the case would be dismissed.
Why it matters
OAH will not dismiss a parent's case just because the district says it settled, but a parent who ignores the order to show cause will have the case dismissed. Parents should respond on time and confirm in writing whether the case really resolved.
Key authority cited
- 20 U.S.C. § 1415(f)(1)(B)(ii)
- 34 C.F.R. § 300.51
- Ed. Code, § 56502, subd. (f)
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.
ELK GROVE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019110717
ORDER TO SHOW CAUSE AS TO WHY MATTER SHOULD NOT BE
DISMISSED
On November 19, 2019, Parent on behalf of Student filed with the Office of Administrative Hearings, known as OAH, a request for due process hearing, naming Elk Grove Unified School District. On December 12, 2019, Elk Grove requested this matter be dismissed because the parties resolved it at the resolution session. Student did not respond to Elk Grove’s request for dismissal.
APPLICABLE LAW
If the parent and local education agency have not resolved the due process complaint within 30 days of the receipt of the complaint, OAH is required to issue a decision within the next 45 days, unless a continuance is granted for good cause. (20 U.S.C. § 1415(f)(1)(B)(ii); 34 C.F.R. § 300.51; Ed. Code, § 56502, subd. (f).)
DISCUSSION
Here, Elk Grove represented that the case has resolved and requests dismissal of this matter. Student did not file a response to Elk Grove’s dismissal request. Student, however, filed this case and is the appropriate party to request dismissal of it. Based upon the representations of Elk Grove’s counsel, Parent is ordered to show cause in writing no later than 5:00 PM on December 23, 2019, explaining the status of this case and why this matter should not be dismissed. Failure of Parent to file the writing with OAH by 5:00 PM on December 23, 2019, will result in a dismissal of this matter.
IT IS SO ORDERED.
DATED: December 19, 2019 Cynthia Fritz Administrative Law Judge Office of Administrative Hearings