California OAH special education order · May 29, 2024
Order Granting Motion to Compel Response
OAH Case No. 2024040816 · ALJ Paul H. Kamoroff
OAH ordered Soquel to file a response to Student's due process complaint within three business days, because its notice of insufficiency did not excuse a response once issues were found sufficient.
Summary
Student filed a motion to compel Soquel to respond to Student's due process complaint. Soquel had filed a timely notice of insufficiency, and OAH found the complaint sufficient in part. Soquel never filed a response to the issues found sufficient. Relying on M.C. v. Antelope Valley, OAH granted the motion and ordered Soquel to file its response within three business days.
Why it matters
A school district must respond to a parent's due process complaint. Challenging the complaint's sufficiency does not end that duty for issues OAH allows to go forward, and parents can move to compel a response if the district stays silent.
Key authority cited
- M.C. v. Antelope Valley Unified School Dist. (9th Cir. 2017) 858 F.3d 1189
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.
SOQUEL UNION ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2024040816
ORDER GRANTING MOTION TO COMPEL RESPONSE
MAY 29, 2024
On April 22, 2024, Parents on behalf of Student filed a due process hearing request with the Office of Administrative Hearings, called OAH, naming Soquel Union Elementary School District, called Soquel. On May 3, 2024, Student filed a motion to compel a response from Soquel. Also on May 3, 2024, Soquel filed a notice of insufficiency as to Student’s complaint. On May 7, 2024, OAH found the complaint sufficient in part, insufficient in part, and ordered the matter to proceed on the scheduled hearing dates as to the issues deemed sufficient.
Responses by school districts are required when a student files a complaint.
While Soquel timely filed a notice of insufficiency, OAH deemed the complaint sufficient in part, and Soquel has not filed a response to the issues deemed sufficient.
Consequently, Soquel shall file its response with OAH within three business days from the date of this Order. (M.C. v. Antelope Valley Unified School Dist. (9th Cir. 2017) 858 F.3d 1189, 1199-1200.)
IT IS SO ORDERED.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings