California OAH special education order · February 18, 2014
Order Granting Student's Motion to Unexpedite Hearing, Vacating Expedited Dates
OAH Case No. 2014020024 · ALJ Clifford H. Woosley
OAH granted Student's unopposed motion to unexpedite the case because Student withdrew the discipline-related Issues 7 through 10. OAH vacated the expedited dates, and the non-expedited dates remain in place.
Summary
Student's complaint against Antelope Valley Union High School District included Issues 7 through 10, which required an expedited hearing. Student asked OAH to unexpedite the case and then amended the motion to withdraw those issues, saying no current discipline or conduct-based placement change was at issue. The District did not oppose. OAH explained that expedited hearings are mandatory and cannot be continued unless the expedited issues are withdrawn or none exist, so it struck Issues 7 through 10 without prejudice, vacated the expedited prehearing conference and hearing dates, and kept the non-expedited mediation, prehearing conference, and hearing dates.
Why it matters
OAH will not continue or unexpedite an expedited discipline case just because a party asks. The way out is to withdraw the expedited issues, which can be done without prejudice so they can be raised again later.
Key authority cited
- 20 U.S.C. § 1415(k)(3)(A)
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.532(a)
- 34 C.F.R. § 300.532(c)(2)
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
JanBEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2014020024
v. ORDER GRANTING STUDENT’S
MOTION TO UNEXPEDITE
ANTELOPE VALLEY UNION HIGH HEARING, VACATING EXPEDITED
SCHOOL DISTRICT. DATES
On January 29, 2014, Student filed a Due Process Hearing Request (complaint)
against Antelope Valley Union High School District. The complaint’s Issues 7 through 10 required expedited hearing. On February 3, 2014, the Office of Administrative Hearings (OAH) issued a Scheduling Order and Notice of Expedited and Non-Expedited Process Hearings and Mediations (Scheduling Order). The Scheduling Order set the expedited portion of this matter for: Mediation on February 12, 2014; prehearing conference on February 21, 2014; and due process hearing on February 25, 26 and 27, 2014. The complaint’s non-expedited portion are scheduled for: Mediation on March 5, 2014;
prehearing conference for 3:00 p.m., March 21, 2014; and due process hearing on March 25, 2014, to continue, day to day, Monday through Thursday, unless otherwise ordered.
On February 11, 2014, Student filed a motion to unexpedite this matter and vacate the expedited dates. On February 13, 2014, Student filed an amendment to the motion, which specifically withdraws issues seven through 10 of the complaint. The District has not filed opposition to the Student’s motion.
APPLICABLE LAW
A parent of a child with a disability who disagrees with any decision by a school district regarding a change in educational placement of the child based upon a violation of a code of student conduct, or who disagrees with a manifestation determination made by the district, may request and is entitled to receive an expedited due process hearing. (20 U.S.C.
§ 1415(k)(3)(A); 34 C.F.R. § 300.532(a) (2006).) An expedited due process hearing before OAH must occur within 20 school days of the date the complaint requesting the hearing is filed. (20 U.S.C. § 1415(k)(4)(B); 34 C.F.R. § 300.532(c)(2) (2006).) The procedural right to an expedited due process hearing is mandatory and does not authorize OAH to make exceptions or grant continuances of expedited matters. (Ibid.) In sum, a matter can only be unexpedited or continued if no issue is alleged that is subject to an expedited hearing, or if the student withdraws the issues in the complaint that triggered the expedited hearing.
DISCUSSION
Student has withdrawn issues seven through 10, which are subject to an expedited due process hearing. Student states that there are no current disciplinary procedures at issue and that there is no current attempt to change Student’s placement due to a violation of any code of student conduct. Accordingly, now that Student has withdrawn the expedited issues, the expedited hearing dates can be vacated.
ORDER
1. The motion to unexpedite hearing and vacate expedited dates is granted.
Issues 7 through 10 are stricken from the complaint, without prejudice to being re-alleged at a later date.
2. The following expedited dates are vacated: prehearing conference on
February 21, 2014; and due process hearing on February 25, 26 and 27, 2014.
3. The remaining non-expedited matter shall proceed on the following presently
scheduled dates: Mediation at 9:30 a.m., March 5, 2014; prehearing conference for 3:00 p.m., March 21, 2014; and due process hearing at 9:30 a.m., March 25, 2014, to continue, day to day, Monday through Thursday, unless otherwise ordered.
` DATE: February 18, 2014
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings