California OAH special education order · September 12, 2014
Order Denying Student's Request to Change Start Time of Hearing
OAH Case No. 2014051114 · ALJ Laurie Gorsline
OAH denied Student's unopposed request to move the hearing start time earlier for a witness. Student had known the agreed schedule for months, raised no concern at the prehearing conference, and gave no reason for the witness's unavailability.
This case went to decision
Student v. Pasadena Unified School District: Pasadena Unified must add a one-to-one aide, social skills group and intensive counseling plus 81 compensatory hours; other claims denied. (2014)
Summary
Student asked OAH to move the hearing start time to 10:00 a.m. or earlier so a witness could testify. District did not oppose. OAH denied the request because Student's counsel had agreed to the hearing dates and times in July 2014 and did not raise any scheduling problem at the prehearing conference. Student also never explained why the witness was unavailable. The hearing stayed set for September 15, 2014 at 1:30 p.m.
Why it matters
Even an unopposed scheduling request can be denied if it comes late and without explanation. Raise witness availability problems early, ideally at the prehearing conference, and explain the reason.
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. 2014051114
v. ORDER DENYING STUDENT’S
REQUEST TO CHANGE START TIME
PASADENA UNIFIED SCHOOL OF HEARING
DISTRICT.
On September 11, 2014, Student filed a request to change the start time of the hearing in this matter to 10:00 a.m. or earlier in order to accommodate the schedule of a witness. District has represented to OAH staff that it does not oppose the request.
Student’s request to change the start time of the hearing is denied. Student has known since July 11, 2014, the start date and time of the hearing, as the matter was continued to dates and times agreed to by Student’s counsel. Further, Student’s counsel did not mention any issue with the hearing schedule as of the prehearing conference. Student has failed to provide any explanation for the witness’ unavailability.
The hearing shall begin on September 15, 2014 at 1:30 p.m.
IT IS SO ORDERED.
DATE: September 12, 2014
/ S/
LAURIE GORSLINE
Administrative Law Judge Office of Administrative Hearings