California OAH special education order · November 8, 2021
Order Granting Motion to Compel Response
OAH Case No. 2021100357 · ALJ Theresa Ravandi
OAH ordered Pleasanton to give Parent a written response to Student's due process complaint, or proof of a prior response or prior written notice, by November 12, 2021, because the IDEA requires one.
This case went to decision
Student v. Pleasanton Unified School District: Pleasanton Unified denied FAPE by lacking a complete, signed IEP; must reimburse private services, less amounts already paid, and train staff. (2022)
Summary
Student moved to compel Pleasanton to respond to Student's due process complaint, saying the district had not filed or provided any response. Pleasanton did not oppose. OAH granted the motion because the IDEA and Education Code require a district to send a response within 10 days unless it already sent prior written notice on the same subject, and under M.C. v. Antelope Valley the case should not go to hearing without one. Pleasanton must provide the response, or proof of a response or prior written notice, by 5:00 p.m. on November 12, 2021.
Why it matters
Districts must answer a due process complaint within 10 days or show they already sent prior written notice. Parents can file a motion to compel if the district stays silent, which forces the district to explain its position before hearing.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(B)(i)(I)
- 20 U.S.C. § 1415(c)(2)(D)
- 34 C.F.R. § 300.508(f)
- Ed. Code § 56502, subd. (d)(2)(B)
- M.C. v. Antelope Valley Union High School District (9th Cir. 2017) 858 F.3d 1189
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.
PLEASANTON UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021100357
ORDER GRANTING MOTION TO COMPEL RESPONSE
NOVEMBER 8, 2021
On October 13, 2021, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Pleasanton Unified School District. The Office of Administrative Hearings is referred to as OAH. On October 14, 2021, Pleasanton filed a notice of representation. On November 2, 2021, Student filed a Motion to Compel Response. Pleasanton has not filed an opposition.
The Individuals with Disabilities Education Act requires a local educational agency to send parents a response to a due process complaint, within 10 days of receiving the complaint, if the 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 specifically address the issues raised in the complaint. (20 U.S.C. § 1415(c)(2)(D); 34 C.F.R.
§ 300.508(f).)
Student asserts Pleasanton has not filed or otherwise provided a response to Student’s complaint. Student’s case should not proceed to a due process hearing until Pleasanton either provides Parent a response to the complaint or shows proof that it provided a written response as required by 20 U.S.C. § 1415(c)(2)(B)(i)(I). (M.C. v.
Antelope Valley Union High School District (9th Cir. 2017) 858 F.3d 1189.) Accordingly, Pleasanton is ordered to provide Parent a response to Student’s complaint, or proof of having provided a response or prior written notice, no later than 5:00 p.m. on November 12, 2021.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings