California OAH special education order · August 9, 2013
Order Granting Request to Change Time of Hearing
OAH Case No. 2013030530 · ALJ Elsa H. Jones
OAH granted the District's request to move the August 13, 2013 hearing start time from 9:30 a.m. to 1:30 p.m. over Student's opposition, after the District said a full hearing day was unnecessary.
This case went to decision
Torrance Unified School District v. Student: Torrance Unified may complete a triennial reassessment without parental consent, and parents may not be present in the testing room. (2013)
Summary
The District asked OAH to start the August 13, 2013 due process hearing at 1:30 p.m. instead of 9:30 a.m., saying a full day of hearing was not needed that day. Student opposed, arguing the District had not shown good cause. OAH noted that Student's opposition had no proof of service showing it was served on the District. OAH granted the request without further explanation and set the hearing to begin at 1:30 p.m.
Why it matters
OAH has broad discretion over minor scheduling changes, and opposing them on good-cause grounds may not succeed. Any opposition should include a proof of service on the other side.
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:
TORRANCE UNIFIED SCHOOL OAH CASE NO. 2013030530
DISTRICT,
ORDER GRANTING REQUEST TO
v. CHANGE TIME OF HEARING
PARENTS ON BEHALF OF STUDENT.
On August 5, 2013, the Torrance Unified School District (District) filed a request to change the time of the due process hearing set for August 13, 2013, from 9:30 a.m. to 1:30 p.m. (Request). The District based the Request on the grounds that a full day of hearing was not necessary on that day.
On August 7, 2013, Student and Parents (collectively, Student) filed opposition to the Request on the grounds that District did not show good cause to support the request. The opposition does not include a proof of service demonstrating service on the District.
District’s Request is GRANTED. The due process hearing shall commence at 1:30 p.m. on August 13, 2013.
IT IS SO ORDERED.
Dated: August 9, 2013 /s/
ELSA H. JONES
Acting Presiding Administrative Law Judge Office of Administrative Hearings