California OAH special education order · December 13, 2024
Notice of No Action on Requests for an Order to Show Cause and Sanctions
OAH Case No. 2024100409 · ALJ Rommel P. Cruz
OAH took no action on Student's request for an order to show cause and sanctions over Mt. Diablo Unified's alleged stay put violation because Student dismissed the case, ending OAH's jurisdiction.
Summary
Student asked OAH for an order to show cause and sanctions. Student claimed Mt. Diablo Unified failed to comply with OAH's October 22, 2024 order granting stay put. Mt. Diablo Unified opposed the request, and Student then dismissed the due process hearing request. OAH took no action on the requests because, once the case was dismissed, it no longer had jurisdiction over the matter.
Why it matters
Withdrawing a due process complaint ends OAH's power to enforce its own stay put order or impose sanctions. Families who want a ruling on an enforcement or sanctions request should keep the case open until that ruling is issued.
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 2024100409
NOTICE OF NO ACTION ON REQUESTS FOR AN ORDER TO
SHOW CAUSE AND SANCTIONS
DECEMBER 13, 2024
On October 11, 2024, Parent on behalf of Student filed a request for due process hearing with the Office of Administrative Hearings naming Mt. Diablo Unified School District. The Office of Administrative Hearings is called OAH.
On December 4, 2024, Student filed a request for an order to show cause to compel Mt. Diablo Unified to comply with OAH’s October 22, 2024 Order Granting Motion for Stay Put. Student sought a finding that Mt. Diablo Unified failed to comply with the October 22, 2024 Order and requests OAH sanction Mt. Diablo Unified for the alleged violation.
On December 6, 2024, Mt. Diablo Unified filed an opposition to Student’s requests. On December 10, 2024, Student dismissed his due process hearing request.
OAH takes no action on Student’s requests for an order to show cause and sanctions because Student dismissed his due process hearing request, and OAH no longer has jurisdiction over this matter.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings