California OAH special education order · October 25, 2023
Order Denying Request to Reopen Case and Notice of Ex Parte Communication
OAH Case No. 2023010520 · ALJ Joy Redmon
OAH denied Parent's request to reopen a case it dismissed in March 2023, because the request had no proof of service and Parent had been warned repeatedly that such filings are required.
Summary
Parent asked OAH to reopen a due process case that was dismissed on March 17, 2023, after Parent did not respond to an Order to Show Cause and did not appear at the prehearing conference. The request had no proof of service, and Parent had been told several times, orally and in writing, that OAH would not act on motions without one. OAH denied the request, treated it as an ex parte communication, and attached it to the order. OAH noted that Parent may file a new due process hearing request, but the original case remains closed.
Why it matters
Families representing themselves must serve every motion on the other side and file a proof of service, or OAH may refuse to act on it. When a case has been dismissed, filing a new due process complaint may be the only practical path.
People named in the order
- Joy Redmon, Presiding Administrative Law Judge
- Gilmartin, Administrative Law Judge
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.
MT. DIABLO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023010520
ORDER DENYING REQUEST TO REOPEN CASE AND
NOTICE OF EX PARTE COMMUNICATION
OCTOBER 25, 2023
On September 8, 2023, Parent filed a request to reopen this matter that the Office of Administrative Hearings, known as OAH, dismissed on March 17, 2023. The matter was dismissed because Parent failed to respond to an Order to Show Cause and failed to appear at the prehearing conference. There was no proof of service regarding the request to reopen the case.
On January 17, 2023, Parent filed a due process hearing request against Mt. Diablo. The original filing did not contain a proof of service. On January 23, 2023, OAH staff contacted Parent and explained the need for and process of including a proof of service. Despite such, Parent submitted numerous documents without a proof of service. Ultimately, on March 13, 2023, ALJ Gilmartin issued a Notice of Ex Parte Communication and disclosed 12 additional documents Parent submitted to OAH that did not contain a proof of service. Parent was reminded that motions and case-related requests required a proof of service, except for requests for reasonable accommodation.
No action was taken on the request to reopen as Parent had been reminded on several occasions both orally and in writing, that OAH would not take action on motions, such as a request to reopen, absent a proof of service. The case was not reopened.
On October 6, 2023, Parent submitted a request for a reasonable accommodation for a due process hearing. There is no hearing currently pending. Parent’s request to reopen the case is DENIED. A copy of the request will be attached to this order. The request constitutes ex parte communication. Parent is again advised that communication such as this must contain a proof of service and be copied to the other side. Nothing in this order prevents Parent from filing a new due process hearing request; however, the original case is closed.
IT IS SO ORDERED.
Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings