Dismissal of a due process complaint is with prejudice unless Petitioner shows good cause.
Docket Number: ******* , Decision Date: October 29, 2013
Attachment: Click here to download the decision.
Petitioner sought to withdraw her request for a due process hearing without prejudice, meaning she wished to retain the ability to re-file the complaint at a later date. However, Petitioner must show good cause in order to obtain a dismissal without prejudice and provide the school district the opportunity for rebuttal. As Petitioner did not show good cause, her complaint was dismissed with prejudice.