California OAH special education order · April 16, 2014
Order Denying Motion to Change Due Process Hearing Venue
OAH Case No. 2014030894 · ALJ Laurie Gorsline
OAH denied Student's request to move the hearing from District's office to OAH's Sacramento office, because wanting a neutral setting is not a legal basis for changing venue.
This case went to decision
Student v. Twin Rivers Unified School District (consolidated): Twin Rivers Unified must provide 34 hours of compensatory behavior services; its special day class offer may be implemented. (2014)
Summary
Student asked to move the due process hearing from Twin Rivers Unified School District's office to OAH's Sacramento office. Student argued the District office was unfair and not an objective meeting place. The motion had no supporting declaration, and District did not oppose it. OAH denied the motion because the law requires hearings at a time and place reasonably convenient to the parents and child, and Student offered no explanation or evidence about convenience.
Why it matters
A request to change the hearing location should explain, with a supporting declaration, why the current location is not reasonably convenient for the family. A preference for neutral ground alone will not succeed, even if the district does not object.
Key authority cited
- 34 C.F.R. § 300.515(d)
- Ed. Code § 56505(b)
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. 2014030894
v. ORDER DENYING MOTION TO
CHANGE DUE PROCESS HEARING
TWIN RIVERS UNIFIED SCHOOL VENUE
DISTRICTS.
On March 24, 2014, Student filed a Due Process Hearing Request (complaint), naming Twin Rivers Unified School District (District). On March 25, 2014, the Office of Administrative Hearings (OAH) issued a Scheduling Order, setting the due process hearing for May 20, 2014 at District’s office located at 5115 Dudley Blvd., McClellan, California 95652.
On April 10, 2014 Student filed a request to change the hearing location from District’s office to OAH’s Sacramento office on the grounds the District office is an unfair location and not an “objective meeting place.” OAH construes Student’s request as a motion to change the hearing venue (Motion). The Motion was not supported by a declaration and no other grounds or arguments were stated by Student.
District filed no opposition.
APPLICABLE LAW AND DISCUSSION
The IDEA and the Education Code require that due process hearings be conducted “at a time and place reasonably convenient to the parents and child involved.” (34 C.F.R. § 300.515, subd. (d); Ed. Code §56505, subd. (b).)
Neither of the reasons Student offers for changing venue are supported with explanation or evidence justifying a change in location based upon “reasonable convenience”
of Student or his parents. While a neutral setting may be desired by Student, it is not a legal basis of reasonable convenience which is necessary for a change of venue.
ORDER
Student’s Motion to change the location of the due process hearing is denied.
DATE: April 16, 2014 /s/
LAURIE GORSLINE
Administrative Law Judge Office of Administrative Hearings