California OAH special education order · May 22, 2013
Order Following OSC and Dismissing Expedited Portion of Student's Complaint Based on Failure to Participate in PHC or OSC, or to Prosecute or Advance the Expedited Portion of the Complaint
OAH Case No. 2013041189 · ALJ Robert G. Martin
OAH dismissed the expedited portion of Student's complaint against RCOE because Student's parents filed no prehearing statement and did not answer calls for either the expedited prehearing conference or the order to show cause hearing.
Summary
Student filed a due process complaint against Riverside County Office of Education (RCOE) with both expedited and non-expedited claims. Student filed no prehearing conference statement. Student's parents did not answer two calls to convene the May 20, 2013 expedited prehearing conference, so OAH ordered Student to show cause why the expedited claims should not be dismissed. When the parents again did not answer the call for the May 22 order to show cause conference, OAH dismissed the expedited portion for failure to participate or prosecute. The non-expedited mediation, prehearing conference, and hearing dates stayed in place.
Why it matters
Families must file required prehearing statements and be reachable at the phone number they gave OAH for scheduled conferences. Missing them can lead to dismissal of expedited claims, even though non-expedited claims may continue.
People named in the order
- Clifford, Administrative Law Judge who attempted to convene the expedited prehearing conference
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: OAH CASE NO. 2013041189
PARENT ON BEHALF OF STUDENT, ORDER FOLLOWING OSC AND
DISMISSING EXPEDITED PORTION
v. OF STUDENT’S COMPLAINT BASED
ON FAILURE TO PARTICIPATE IN
RIVERSIDE COUNTY OFFICE OF PHC OR OSC, OR TO PROSECUTE OR
EDUCATION. ADVANCE THE EXPEDITED
PORTION OF THE COMPLAINT
On May 22, 2013, a telephonic conference was held before Administrative Law Judge (ALJ) Robert G. Martin, Office of Administrative Hearings (OAH), on the Order to Show Cause re Dismissal of Expedited Portion of Due Process Complaint issued by OAH in this matter on May 20, 2013 (OSC). No appearance was made on behalf of Student. Michelle Jorden, Esq. appeared on behalf of Riverside County Office of Education (RCOE). The telephonic OSC conference was recorded.
On April 29, 2013, Student filed a due process complaint against RCOE. On May 2, 2013, OAH issued a scheduling order, setting a calendar for the expedited portion of the complaint and a calendar for the non-expedited portion of the complaint. The scheduling Order instructed Student to serve and file a prehearing conference statement three days before the May 20, 2013 expedited PHC.
Student did not file a PHC statement prior to the expedited PHC, and Student’s parents did not respond to two phone calls made by ALJ Clifford on May 20, 2013 at 1:30 p.m. and 1:40 p.m. for purposes of convening the expedited PHC.
Following the Expedited PHC, OAH on May 20, 2013 issued an order directing Student to show cause at a telephonic conference on May 22, 2013, at 1:30 p.m. why the expedited portion of Student’s complaint should not be dismissed for failure to participate, prosecute, or advance the expedited portion of this matter. The OSC stated that, if Student failed to appear at the telephonic hearing on May 22, 2013, at 1:30 p.m., the expedited portion of Student’s complaint would be dismissed.
On May 22, 2013 at 1:30 p.m., ALJ Robert G. Martin called Student’s parents, at the number provided by them, for the purpose of convening the telephonic conference on the OSC issued on May 20, 2013. Student’s parents did not respond to the call or otherwise appear at the OSC conference.
ORDER
1. In accordance with the OSC issued on May 20, 2013, the expedited portion of
Student’s complaint is dismissed as of this date for failure to participate in the PHC or OSC, or to prosecute or advance the expedited portion of the complaint.
2. The non-expedited portion of the Student’s complaint is not affected by this
Order, and the non-expedited mediation date of June 4, 2013, the non-expedited PHC date of June 19, 2013 and the non-expedited hearing date of June 25, 2013 remain as calendared.
Dated: May 22, 2013 /s/
ROBERT MARTIN
Administrative Law Judge Office of Administrative Hearings