Before The
State Of Wisconsin
DIVISION OF HEARINGS AND APPEALS

TO:

Mr. Gary Ruesch	Mr. Ronald S. Stadler
Quarles & Brady	Stadler & Schott
411 East Wisconsin Avenue	16655 W. Bluemound Road, Ste. 330
Milwaukee, WI 53202	Brookfield, WI 53005

On or about May 14, 1998, [Mother], by and through her attorney, Ronald S. Stadler, requested a due process hearing on behalf of her son [Student]. A prehearing conference was subsequently held on May 28, 1998, at which time the parties agreed to enter into mediation in an effort to resolve this matter without the necessity of a hearing. At the conclusion of their mediation session, the parties concluded that certain evaluations of [Student] were necessary to complete the IEP process. However, before the evaluations could go forward, [Mother] needed to provide the District with the necessary release form. Despite several requests, [Mother] failed to sign the required release. Mr. Ruesch therefore requested a due process hearing be scheduled to address whether the District could override the lack of parental consent to evaluate [Student]. His request was granted, and a hearing date was set for September 17, 1998.

Mr. Ruesch submitted a letter via facsimile transmission on September 10, 1998, to the undersigned administrative law judge (ALJ) in which he informed her that [Student} and his mother had moved out of the [Unnamed] School District and had become residents of the [Unnamed #2] School District. Consequently, he requested that the due process hearing scheduled for September 17, 1998, be cancelled and that the underlying hearing request be dismissed.

On September 11, 1998, Mr. Stadler submitted a Notice of Motion and Motion to Withdraw, along with an affidavit via facsimile transmission to the undersigned ALJ. Based on [Mother]'s refusal to consent to [Student]'s evaluation, Mr. Stadler requested he be allowed to withdraw from this case.

According to Nashaminy School District v. Karla B., 25 IDELR 725 (1997), "[t]o sustain jurisdiction, a dispute must not only be alive when filed, but throughout its pendancy." (citations omitted) And, "[o]rdinarily, an action which becomes moot must be dismissed for lack of subject matter jurisdiction." Id. In Nashaminy, the court ruled that prospective relief in the form of an IEP and in-service training were moot because subsequent to the complaint being filed, Karla B. and her son Blake moved out of the Nashaminy school district and in to another one. Accordingly, the court held that the new school district was now responsible to provide Blake with a free and appropriate public education (FAPE) and all the related procedural safeguards under the Individuals with Disabilities Education Act (IDEA), rather than the Nashaminy school district.

In the case at hand, the facts are substantially similar. After having filed a request for a due process hearing, [Mother] and her son moved out of the [Unnamed] School District and are now residing within the [Unnamed #2] School District. Consequently, it is now the [Unnamed #2] School District's responsibility to provide [Student] with a free and appropriate education under the Individuals With Disabilities Education Act rather than the [Unnamed] School District. Accordingly, there is no actual, ongoing controversy with respect to the relief this forum can adjudicate. Thus, these proceedings are moot with respect to the relief that is sought.

Additionally, despite several attempts by Mr. Stadler to secure [Mother]'s signature on the requested release forms, he was unable to do so. He informed his client that if she failed to sign the necessary form, he would assume she was no longer interested in having him assist her in this matter. To date, [Mother] has not signed or returned the release form. As a result, Mr. Stadler cannot assist [Mother] in attempting to obtain a free and appropriate public education for [Student].

NOW THEREFORE IT IS HEREBY ORDERED that this due process proceeding is dismissed.

IT IS FURTHER ORDERED that Attorney Ronald S. Stadler may withdraw from his representation of [Student] and his parents.

Dated at Madison, Wisconsin, this 17th day of September, 1998.