Dismissal of a due process complaint is with prejudice unless Petitioner shows good cause.

Topic: Educators, Decided by: Judge Schroer 
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.

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