California OAH special education order · April 18, 2014
Order Following Prehearing Conference and Continuing Pre-Hearing Conference and Due Process Hearing
OAH Case No. 2014031002 · ALJ Stella L. Owens-Murrell
OAH granted Parent a brief continuance, moving the hearing to May 20, 2014, so she could get a lawyer. The District objected because Student's triennial assessment was already delayed.
This case went to decision
Kern High School District v. Student: Kern High School District may conduct a triennial reassessment without parental consent; Mother's residency-based motion to dismiss denied. (2014)
Summary
At a continued prehearing conference, Parent asked to continue the District's case to June 1, 2014. She said she planned to move out of the District by then and needed time to hire a lawyer, possibly through Disability Rights. The District objected: Parent had not yet moved despite earlier statements that she would, and Student's triennial assessment had been delayed and needed to happen before the school year ended. The ALJ granted a shorter continuance so Parent could retain counsel, resetting the prehearing conference to May 12 and the hearing to May 20, 2014, and ordered Parent to file a prehearing conference statement by May 7.
Why it matters
A self-represented parent can usually get a short delay to find a lawyer, but OAH may not grant the full time requested when the district shows a pressing need, such as an overdue assessment. Plans to move out of the district do not by themselves stop a district-filed case.
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
KERN HIGH SCHOOL DISTRICT, OAH CASE NO. 2014031002
v. ORDER FOLLOWING PREHEARING
CONFERENCE AND CONTINUING
PARENT ON BEHALF OF STUDENT. PRE-HEARING CONFERENCE AND
DUE PROCESS HEARING
On April 18, 2014, a continued telephonic prehearing conference (PHC) was held before Administrative Law Judge (ALJ) Stella L. Owens-Murrell, Office of Administrative Hearings (OAH). The matter was continued pursuant to an order issued by the undersigned ALJ on April 14, 2014 because of Parent’s failure to participate in the April 14, 2014 PHC and for Parent to show cause why the due process hearing should be continued and not proceed on its currently scheduled date. Darren J. Bogie, Attorney at Law, appeared on behalf of District. Parent appeared on behalf of Student. The PHC was recorded.
At the PHC Parent stated that the case should not go to hearing because she intended to move out of the jurisdictional boundaries of the district by June 1, 2014. Parent requested a continuance to June 1, 2014. Parent further stated that she has spoken to attorneys from Disability Rights and needs time to obtain legal representation if the District intended to proceed with its case. District responded that Parent had not yet moved out of the District despite her prior representations to District that she would be moving. District wants to proceed because Student’s triennial assessment has been delayed due to Parent’s actions and the assessment must be conducted before the end of the school year. Based on discussion of the parties, the ALJ is inclined to grant a brief continuance to permit Parent to retain an attorney and issues the following order:
1. The PHC is continued to May 12, 2014 at 1:00 p.m.
2. The Due Process Hearing is continued May 20, 2014
3. Parent is further ordered to file a PHC statement with OAH and mail a
copy of the PHC statement to District’s Attorney no later than Wednesday May 7, 2014.
4. A prehearing conference is a telephonic conference held between the
Administrative Law Judge and the parties to discuss and clarify the due process hearing issues, witnesses, and other prehearing matters. The telephonic prehearing conference will be initiated by an ALJ at OAH.
Each party is required to submit a PREHEARING CONFERENCE STATEMENT which shall be filed at least three business days prior to the PREHEARING CONFERENCE with the Office of Administrative Hearings, Special Education Division, 2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833. The Prehearing Conference Statement may be filed and served by facsimile transmission at (916) 376-6319. The parties need not mail a hard copy of any document sent by facsimile transmission. The parties shall not send by mail or facsimile transmission copies of documentary evidence intended for the due process hearing to OAH. The Prehearing Conference Statement shall include the following:
a. Each party’s estimate of the time necessary to complete the Due Process
Hearing;
b. A concise statement of the issues that remain to be decided at the Due Process
Hearing and the proposed resolution of such issues, based upon those issues raised in the due process hearing request;
c. The name of each witness the party may call at the Due Process Hearing, a
brief summary of the subject of the expected testimony of the witness, and a description of the issue to which the testimony of the witness relates;
d. The name and address of each expert witness the party intends to call at the
Due Process Hearing, a brief summary of the opinion that the expert is expected to give, and a description of the issue to which the testimony of the expert relates;
e. A list of documentary evidence that the party intends to present, and a
description of any physical or demonstrative evidence; and
5. Failure to comply with this order may result in the exclusion of evidence or
other sanctions.
IT IS SO ORDERED
DATE: April 18, 2014 /s/
STELLA OWENS-MURRELL
Administrative Law Judge Office of Administrative Hearings