California OAH special education order · April 1, 2022
Order Denying Motion to Compel Response as Moot
OAH Case No. 2022030335 · ALJ Theresa Ravandi
OAH denied Student's motion to compel Dublin to respond to the due process complaint as moot because Dublin sent and filed its response after the motion was filed.
Summary
Student filed a due process complaint against Dublin Unified School District and later moved to compel the district to respond to it. Under the IDEA and the Education Code, a district that has not already sent prior written notice on the issues must send parents a response within 10 days that specifically addresses the issues raised. Dublin sent its response to Student's counsel and filed it with OAH on March 28, 2022, so OAH denied the motion as moot.
Why it matters
A district that has not sent prior written notice must respond to a due process complaint within 10 days, and a motion to compel can prompt that response. Once the district responds, OAH will treat the motion as moot.
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)
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.
DUBLIN UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022030335
ORDER DENYING MOTION TO COMPEL RESPONSE
AS MOOT
APRIL 1, 2022
On March 10, 2022, Student filed with the Office of Administrative Hearings, called OAH, a due process hearing request or complaint naming Dublin Unified School District. On March 23, 2022, Student filed a motion to compel a response to the complaint. On March 28, 2022, Dublin filed a response.
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).)
On March 28, 2022, Dublin sent to Student’s Counsel and filed with OAH a response to Student’s complaint. As such, Student’s motion to compel a response is denied as moot.
IT IS SO ORDERED
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings