California OAH special education order · August 12, 2013
Order Regarding Request for Reconsideration of Denial of Mediation
OAH Case No. 2013061001 · ALJ Bob N. Varma
OAH vacated an August 13, 2013 mediation it had briefly set at Student's request, because the request was not joint and District opposed mediation.
Summary
OAH had continued the case dates but could not set the parties' requested August 13 mediation date. Student asked OAH to reconsider. OAH first assumed the request was joint and, with calendar space now open, set the mediation. After District filed an opposition, OAH canceled the mediation and said the parties may meet and confer and file a joint request if they want mediation.
Why it matters
Mediation at OAH is voluntary, so a parent cannot get it scheduled over the district's objection. Families who want mediation should get the district to agree and file a joint request.
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013061001
v. ORDER REGARDING REQUEST FOR
RECONSIDERATION OF DENIAL OF
SEQUOIA UNION HIGH SCHOOL MEDIATION
DISTRICT.
On August 6, 2013, the undersigned granted the parties’ request for continuance of dates in this matter, except for the request to convene mediation on August 13, 2013. At that time, the Office of Administrative Hearings (OAH) could not accommodate the parties requested mediation date. On August 9, 2013, Student filed a request to reconsider the denial of the requested mediation date. On August 12, 2013, upon review of Student’s request, the undersigned mistakenly assumed it was a joint request for reconsideration. Student’s request was not a joint request for reconsideration.
Upon examination of OAH’s calendar, due to other matters being vacated from the calendar, OAH was able to calendar mediation for the parties on August 13, 2013.
Accordingly, OAH set mediation in this matter for August 13, 2013. Shortly after being informed of the new mediation, the Sequoia Union High School District (District) filed an opposition to the mediation request. OAH canceled the newly set mediation of August 13,
2013. Accordingly, the mediation of August 13, 2013, has been vacated. If the parties desire
mediation, they may meet and confer and file a joint request to set mediation, and OAH will attempt to accommodate their request.
Dated: August 12, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings