California OAH special education order · January 24, 2014
Notice and Order Granting Parent's Motion for Continuance; Protective Order Sealing Confidential Records
OAH Case No. 2013071304, 2013040881 · ALJ Timothy L. Newlove
OAH granted Parent's continuance as a disability accommodation, reset the hearing to March 10, 2014, and sealed records containing Parent's medical information.
This case went to decision
Student v. Newport-Mesa Unified School District (consolidated): Newport-Mesa Unified's triennial assessment and special day class IEP offer upheld; district may implement IEP without parental consent. (2014)
Summary
Parent asked OAH to continue the hearing dates in these consolidated cases and also asked OAH to provide an attorney. OAH treated the request as a disability accommodation request under the Americans with Disabilities Act. It found that moving the hearing past February 24, 2014 was appropriate, and it reset the prehearing conference to March 3, 2014 and the hearing to March 10, 2014. OAH explained that it does not provide or retain attorneys for parties but keeps a list of attorneys and advocates, and it sealed records containing Parent's medical information.
Why it matters
A parent's own disability can support a continuance treated as an ADA accommodation, and the parent's medical records can be sealed. OAH will not appoint a lawyer, but it can refer parents to its list of attorneys and advocates.
Key authority cited
- 42 U.S.C. § 12101 et seq.
- In re Marriage of James M. and Christine J.C. (2008) 158 Cal.App.4th 1261
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013071304
v.
NEWPORT-MESA UNIFIED SCHOOL
DISTRICT,
NEWPORT-MESA UNIFIED SCHOOL OAH CASE NO. 2013040881
DISTRICT,
v. NOTICE AND ORDER GRANTING
PARENT’S MOTION FOR
PARENT ON BEHALF OF STUDENT. CONTINUANCE; PROTECTIVE ORDER
SEALING CONFIDENTIAL RECORDS
On January 22, 2014, Parent filed with the Office of Administrative Hearings (OAH)
a motion for continuance of the currently scheduled hearing dates in these consolidated matters. OAH treated Parent’s motion as a request for accommodation under the Americans with Disabilities Act. (42 U.S.C. section 12101, et seq.) A determination was made that a continuance of the hearing to a date on after February 24, 2014, is appropriate. Therefore, Parent’s request is GRANTED. (See In re Marriage of James M. and Christine J.C. (2008)
158 Cal.App.4th 1261.)
Accordingly, the currently scheduled hearing dates are vacated. This matter will be set as follows:
Mediation: To be determined by the parties.
Prehearing Conference: 03/03/2014, at 1:00 p.m.
Due Process Hearing: 03/10/2014, at 1:30 p.m.; 03/11/2014; 03/12/2014;
03/13/2014, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.
In the motion for continuance, Parent also requested OAH to provide attorney assistance. OAH maintains a list of attorneys and advocates for special education matters (available upon request or at the OAH website), but does not provide legal assistance or retain attorneys for parties in such cases.
The following documents and records in this matter are hereby sealed and ordered to be protected from disclosure without further order: records containing Parent’s medical information.
IT IS SO ORDERED.
Dated: January 24, 2014 /s/
TIMOTHY L. NEWLOVE
Presiding Administrative Law Judge Office of Administrative Hearings