California OAH special education order · June 2, 2021
Order Denying San Diego County Office of Education's Motion to Be Dismissed as a Party as Moot
OAH Case No. 2021050037 · ALJ Rommel P. Cruz
OAH denied SDCOE's motion to be dismissed as a party as moot because Student filed a timely amended complaint naming the same three respondents. SDCOE may refile its motion against the amended complaint.
This case went to decision
Student v. San Dieguito Union High School District: San Dieguito must reimburse two months of Cherry Gulch costs because its April 2021 offer lacked a transition plan; eleven claims denied. (2022)
Summary
SDCOE moved to be dismissed as a party from Student's original due process complaint. Student opposed the motion, and SDCOE filed a reply. Before OAH ruled, Student filed a timely amended complaint, made after OAH found the complaint insufficient as to North Coastal Consortium, and it named the same three respondents. OAH denied SDCOE's motion as moot because the amended complaint replaced the original, but allowed SDCOE to refile its motion against the amended complaint.
Why it matters
A timely amended complaint replaces the original, so any pending motion aimed at the original complaint becomes moot. The district or agency must refile its motion against the new pleading.
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:
PARENTS ON BEHALF OF STUDENT,
v.
SAN DIEGUITO UNION HIGH SCHOOL DISTRICT,
NORTH COASTAL CONSORTIUM FOR SPECIAL EDUCATION, AND
SAN DIEGO COUNTY OFFICE OF EDUCATION.
OAH CASE NUMBER 2021050037
ORDER DENYING SAN DIEGO COUNTY OFFICE OF
EDUCATION’S MOTION TO BE DISMISSED AS A PARTY AS
MOOT
JUNE 2, 2021
On April 29, 2021, Parents on behalf of Student filed a Due Process Hearing Request, called a complaint, with the Office of Administrative Hearings, naming San Dieguito Union High School District, North Coastal Consortium for Special Education, and San Diego County Office of Education. San Diego County Office of Education is referred to as SDCOE. The Office of Administrative Hearings is referred to as OAH.
On May 17, 2021, OAH found Student’s complaint insufficiently pled against North Coastal Consortium. OAH permitted Student to file an amended complaint within 14 days of the Order.
On May 20, 2021, SDCOE filed a motion to be dismissed as a party. Student filed an opposition on May 25, 2021. SDCOE filed a reply to the opposition on May 27, 2021.
Student filed an amended complaint, received by OAH on June 1, 2021, naming the same three respondents. Student’s amended complaint was timely as May 31, 2021, was a holiday.
In light of Student’s amended complaint, SDCOE’s motion to be dismissed as a party in the initial complaint is denied as moot. SDCOE may refile its motion to be dismissed as a party in the amended complaint.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings