California OAH special education order · April 23, 2014
Order Denying Request for Continuance
OAH Case No. 2014040246 · ALJ Margaret Broussard
OAH denied the parties' joint request to continue an expedited disciplinary hearing because no law allows expedited hearings to be continued, and the proposed dates fell outside the statutory timelines.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified's expulsion of a student whose firearm conduct was a manifestation of disability is vacated; reinstatement ordered. (2014)
Summary
Student and the District jointly asked OAH to move the dates in this expedited disciplinary case to May 27-29, 2014, because Student's counsel was unavailable. OAH denied the request. Federal law requires an expedited hearing within 20 school days of the complaint and a decision within 10 days after the hearing. No law authorizes continuing an expedited hearing, and OAH's scheduling order had already said the parties could not continue the expedited dates by agreement. All prehearing conference and hearing dates stayed as calendared.
Why it matters
Expedited discipline hearings cannot be postponed, even when both sides agree, so families and their attorneys must be ready to go forward on the original dates or think carefully before filing expedited claims.
Key authority cited
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.515(a)
- Ed. Code, § 56505, subd. (f)(3)
- Ed. Code, § 56502, subd. (f)
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. 2014040246 v. ORDER DENYING REQUEST FOR
CONTINUANCE
LOS ANGELES UNIFIED SCHOOL
DISTRICT.
On April 22, 2014, the parties filed a joint request to continue the dates in this matter because of the unavailability of Student’s counsel. This expedited matter was filed on April 3, 2014, and the parties request a continuance until May 27-29, 2014.
An expedited due process hearing on a disciplinary matter must occur within 20 school days of receipt of the due process complain, with a decision within 10 days of the expedited hearing. (20 U.S.C. § 1415(k)(4)(B).) There is no provision of law authorizing the continuance of an expedited hearing. A non-expedited due process hearing must be conducted and a decision rendered within 45 days of receipt of the due process notice unless a continuance is granted. (Ed. Code, § 56505, subd. (f)(3); 34 C.F.R. § 300.515(a)(2006); Ed.
Code, §§ 56502, subd. (f), 56505, subd. (f)(3).) The OAH scheduling order specifically stated that the expedited dates could not be continued by stipulation.
OAH has reviewed the request for good cause and considered all relevant facts and circumstances. The request is denied. All prehearing conference and hearing dates are confirmed and shall proceed as calendared. The dates proposed by the parties are outside the statutory dates.
IT IS SO ORDERED.
DATE: April 23, 2014 /s/
MARGARET BROUSSARD
Administrative Law Judge Office of Administrative Hearings