California OAH special education order · February 22, 2024
Notice of No Action Regarding Motion for Stay Put and Motion to Compel a Response
OAH Case No. 2023120579 · ALJ Rommel P. Cruz
OAH took no action on Student's stay put motion and motion to compel because the hearing dates were vacated after the parties reported a settlement pending board approval.
Summary
Student filed a motion for stay put and a motion to compel Victor Valley Union to file a legally sufficient response to the complaint. That motion also asked OAH to continue the hearing and shift the cost of the delay to the district. Victor Valley Union did not respond to the stay put motion but opposed the motion to compel. OAH took no action on either motion because the parties reached a settlement, subject to board approval, and the hearing dates were vacated. Student may renew the motions if the case goes to hearing.
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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:
PARENT ON BEHALF OF STUDENT,
v.
VICTOR VALLEY UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2023120579
NOTICE OF NO ACTION REGARDING MOTION FOR STAY
PUT AND MOTION TO COMPEL A RESPONSE
FEBRUARY 22, 2024
On December 15, 2023, Parent on behalf of Student filed a request for due process hearing with the Office of Administrative Hearings naming Victor Valley Union High School District. A request for due process hearing is called a complaint. The Office of Administrative Hearings is called OAH.
On February 7, 2024, Student filed a motion for stay put. OAH did not receive a response from Victor Valley Union regarding the motion for stay put.
On February 7, 2024, Student filed a motion to compel Victor Valley Union to file a legally sufficient response to the complaint, and a request to continue the hearing and shift the cost of the delay to Victor Valley Union. On February 12, 2024, Victor Valley Union filed an opposition to the motion to compel, and request for continuance and cost shifting.
On February 15, 2024, Student filed a request to vacate the hearing dates based on a settlement agreement between the parties, subject to board approval. On February 16, 2024, OAH issued an Order vacating the hearing dates.
OAH takes no action on the motion for stay put and motion to compel at this time because the hearing dates have been vacated based on the parties’ notice of settlement and request to vacate dates. Student may renew his motions if the matter proceeds to hearing.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings