California OAH special education order · May 18, 2022
Order Denying Motion to Compel Response to Initial Complaint as Moot
OAH Case No. 2022040407 · ALJ Theresa Ravandi
OAH denied Student's motion to compel Ventura to respond to the initial complaint as moot, because Ventura had since filed a response and an amended complaint replaced the original.
Summary
Student filed a due process complaint against Ventura on April 13, 2022, and on May 5 moved to compel Ventura to file the required response to the complaint. Ventura sent and filed its response on May 9, 2022. That same day OAH granted Student's motion to amend, and the amended complaint superseded the initial complaint. OAH therefore denied the motion to compel as moot.
Why it matters
Districts must respond to a due process complaint within 10 days unless they already sent prior written notice on the same subject. A motion to compel that response becomes moot once the district responds or an amended complaint replaces the original.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(B)(i)(I)
- Ed. Code § 56502, subd. (d)(2)(B)
- 20 U.S.C. § 1415(c)(2)(D)
- 34 C.F.R. § 300.508(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:
PARENTS ON BEHALF OF STUDENT,
v.
VENTURA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022040407
ORDER DENYING MOTION TO COMPEL RESPONSE TO
INITIAL COMPLAINT AS MOOT
MAY 18, 2022
On April 13, 2022, Student filed a Due Process Hearing Request, referred to as a complaint, with the Office of Administrative Hearings, naming Ventura Unified School District. The Office of Administrative Hearings is referred to as OAH. On May 2, 2022 Student filed a motion to amend. On May 5, 2022, Student filed a motion to compel Ventura to file a response to Student’s initial complaint. On May 9, 2022, Ventura filed a response to Student’s initial complaint. On May 9, 2022, OAH granted Student’s motion to amend. This matter is scheduled for hearing beginning June 28, 2022.
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 May 9, 2022, Ventura sent to Student’s Counsel and filed with OAH a response to Student’s initial complaint. Additionally, OAH has since granted Student’s request to file an amended complaint which supersedes the initial complaint. For these reasons, Student’s motion to compel a response to Student’s initial complaint is denied as moot.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings