California OAH special education order · August 3, 2022
Order Regarding Additional Evidence
OAH Case No. 2022070512 · ALJ Marlo Nisperos
OAH ordered both parties to file a complete copy of their final settlement agreement before it rules on Compton Unified's motion to dismiss, because neither side had submitted the full agreement.
Summary
Compton Unified moved to dismiss Student's due process complaint, arguing that OAH lacks jurisdiction to decide settlement agreements. Student filed five responses opposing dismissal. Both sides referred to the settlement agreement's terms, but neither submitted a complete copy. OAH ordered the parties to jointly file the final settlement agreement by noon on August 5, 2022, so it could rule on the motion.
Why it matters
When a dispute turns on a settlement agreement, attach the complete signed agreement to your motion or opposition. Otherwise the ruling may be delayed while OAH asks for it.
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.
COMPTON UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022070512
ORDER REGARDING ADDITIONAL EVIDENCE
AUGUST 3, 2022
On July 20, 2022, Student filed a Request for Due Process Hearing with the Office of Administrative Hearings, naming Compton Unified School District. The Request for Due Process is referred to as a Complaint. The Office of Administrative Hearings is referred to as OAH.
On July 29, 2022, Compton Unified filed a Motion to Dismiss alleging OAH lacks jurisdiction to adjudicate settlement agreements. On July 30, 31, and August 1, 2022, Student filed five responses opposing the request to dismiss.
In the motions, the parties reference the terms of the settlement agreement.
Neither party submitted a complete copy of the final settlement agreement. OAH requires further information concerning the terms of the settlement agreement prior to ruling on Compton Unified’s motion to dismiss.
ORDER
The parties are jointly ordered to submit a copy of the final settlement agreement by Friday, August 5, 2022, at 12:00 PM.
IT IS SO ORDERED.
Marlo Nisperos Administrative Law Judge Office of Administrative Hearings