California OAH special education order · June 19, 2024
Order Granting Motion to Compel Response to Complaint
OAH Case No. 2024050593 · ALJ Clifford H. Woosley
OAH ordered West Contra Costa Unified to serve and file its response to Student's due process complaint within three business days because no response had been filed, as federal law requires.
Summary
Student filed a due process complaint against West Contra Costa Unified School District on May 15, 2024. On June 14, 2024, Student moved to compel the District to file the response to the complaint that federal law requires, and the District did not answer the motion. OAH had not received any response to the complaint, so it granted the motion. The District must serve its response on Student and file it with OAH within three business days.
Why it matters
A district must respond to a parent's due process complaint, and if it does not, families can ask OAH to compel a response. The response helps the family learn the district's position before hearing.
Key authority cited
- 20 U.S.C. § 1415(c)(2)(B)(i)(I)
- M.C. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189
People named in the order
- Shawn Olson Brown, District attorney
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.
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024050593
ORDER GRANTING MOTION TO COMPEL RESPONSE TO
COMPLAINT
JUNE 19, 2024
On May 15, 2024, Parent on behalf of Student filed a Request for Due Process Hearing with the Office of Administrative Hearings, naming West Contra Costa Unified School District. On May 17, 2024, West Contra Costa Unified School District filed a Notice of Representation by attorney Shawn Olson Brown. On June 14, 2024, Student filed a motion to compel West Contra Costa Unified School District to file a response to Student’s complaint, pursuant to 20 United State Code, sections 1415(c)(2)(B)(i)(I). OAH did not receive a response to the motion from West Contra Costa Unified.
OAH has not received a copy of West Contra Costa Unified’s response to Student’s complaint. West Contra Costa Unified shall serve its response to complaint upon Student, and file its response with OAH, within three business days from the date of this Order. (M.C. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189, 1199-1200.)
IT IS SO ORDERED.
Clifford H. Woosley Administrative Law Judge Office of Administrative Hearings