California OAH special education order · March 9, 2022
Order Taking No Action on Motion to Reinstate Due Process Complaint
OAH Case No. 2022010604 · ALJ Adrienne L. Krikorian
OAH took no action on a request to reopen Student's dismissed case because Student's attorney had already withdrawn and could no longer file requests on Student's behalf.
Summary
Student's counsel filed a request to dismiss Student's due process complaint, and OAH dismissed the case the same day. The next evening counsel filed a notice of withdrawal. Twenty-three minutes later, the same former counsel filed a request to reopen the case and for a brief continuance so Parent could find new counsel. OAH took no action because the attorney no longer represented Student when the request was filed. The case stays dismissed without prejudice, and Parent may either seek to reopen it with a declaration showing good cause or file a new complaint.
Why it matters
Once an attorney withdraws, that attorney cannot file anything for the family, so any request to reopen must come from Parent or new counsel. Because the dismissal was without prejudice, the family can still refile or seek to reopen with a good-cause 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:
PARENTS ON BEHALF OF STUDENT,
v.
GREENFIELD UNION ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2022010604
ORDER TAKING NO ACTION ON MOTION TO REINSTATE
DUE PROCESS COMPLAINT
MARCH 09, 2022
On January 21, 2022 Parent on Student’s behalf filed a request for due process hearing, called complaint, with the Office of Administrative Hearing. Student was represented at the time by counsel. On March 2, 2022, Student’s counsel filed a Request to Dismiss the complaint, in Spanish only. OAH issued a Notice of Case Dismissal on the same date.
On March 3, 2022, at 6:24 p.m. Student’s counsel filed a Notice of Withdrawal.
On March 3, 2022, at 6:47 p.m. Student prior counsel filed a Request to Reopen Case and Provide a Brief Continuance to Find New Counsel.
Student’s counsel withdrew from representation before filing the Request to Reopen the case. As such, Student’s counsel did not represent Student and therefore could not file any motions or requests on behalf of Student in this matter.
OAH takes no action on the Request to Reopen the Case. The matter remains dismissed without prejudice. Parent may file a Request to Reopen the case if accompanied by a declaration establishing good cause, or Parent may file and serve a new complaint.
IT IS SO ORDERED.
Adrienne L. Krikorian Administrative Law Judge Office of Administrative Hearings