California OAH special education order · May 12, 2014
Order Following Prehearing Conference of May 12, 2014; Order Denying Motion to Dismiss and Ordering Parties to Attend a Resolution Session
OAH Case No. 2014031056 · ALJ Paul H. Kamoroff
OAH denied District's motion to dismiss for Student's failure to attend a resolution session, ordering the session within 30 days and resetting all timelines, with refiling allowed if Student does not attend.
Summary
District moved to dismiss Student's due process complaint because Student had not attended a resolution session. Student filed no written opposition, and the ALJ heard oral argument at the prehearing conference. Student agreed the resolution meeting had been neither waived nor held, so District was entitled to one before hearing. OAH denied the motion for now, ordered the parties to meet within 30 days, vacated all dates, and treated the complaint as filed on the order date. District may refile its motion if Student skips the meeting.
Why it matters
A resolution meeting can be skipped only if both sides waive it in writing or agree to mediation. A parent who skips it can expect the case to be paused and restarted, and may face dismissal if the meeting still does not happen.
Key authority cited
- 20 U.S.C. § 1415(f)(1)(B)(i)(I)
- 20 U.S.C. § 1415(f)(1)(B)(i)(IV)
- 34 C.F.R. § 300.510(a)
- 34 C.F.R. § 300.513(b) & (c)
- 71 Fed. Reg. 47602 (Aug. 14, 2006)
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. 2014031056 v. ORDER FOLLOWING PREHEARING
CONFERENCE OF MAY 12, 2014;
BELLFLOWER UNIFIED SCHOOL ORDER DENYING MOTION TO
DISTRICT. DISMISS AND ORDERING PARTIES
TO ATTEND A RESOLUTION
SESSION
On May 12, 2014, a telephonic prehearing conference (PHC) was held before Administrative Law Judge (ALJ) Paul H. Kamoroff, Office of Administrative Hearings (OAH). Keith E. Davis, Attorney at Law, appeared on behalf of Parent on behalf of Student (Student). Jordan Meyer, Attorney at Law, appeared on behalf of the Bellflower Unified School District (District). The PHC was recorded.
On May 8, 2014, District filed a motion to dismiss based upon Student’s failure to attend a resolution session. Student did not file an opposition. At the beginning of the PHC, the ALJ received oral argument regarding District’s motion to dismiss.
A local educational agency (LEA) is required to convene a resolution meeting with the parents and the relevant members of the Individualized Education Program (IEP) team within 15 days of receiving notice of the Student’s complaint. (20 U.S.C.
§1415(f)(1)(B)(i)(I); 34 C.F.R. § 300.510(a)(1) (2006).) The resolution session need not be held if it is waived by both parties in writing or the parties agree to use mediation. (20 U.S.C. § 1415(f)(1)(B)(i)(IV); 34 C.F.R. § 300.510(a)(3) (2006).) There are no provisions of law that allow a parent or an LEA to unilaterally waive the resolution meeting. (71 Fed. Reg.
47602, No. 156 (Aug. 14, 2006).) The 45-day timeline for the due process hearing starts the day after a resolution meeting, unless the parties agree in writing to waive the resolution meeting. (34 C.F.R. § 300.513(b) & (c) (2006).)
Student does not dispute that a resolution meeting has not been waived or held.
Accordingly, District is entitled to a resolution meeting prior to the hearing.
ORDER
1. District’s motion to dismiss is denied at this time.
2. The parties are ordered to participate in a resolution meeting within 30 days of
the date of this order.
3. All previously scheduled dates are vacated, and all timelines are reset, such
that Student’s complaint is deemed filed as of the date of this order.
4. OAH shall issue a new scheduling order setting dates for Mediation,
Prehearing Conference, and Due Process Hearing.
5. If Student fails to attend the resolution meeting as ordered, District may refile
its motion to dismiss.
DATE: May 12, 2014
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings