California OAH special education order · August 18, 2014
Order Following Pre-Hearing Conference and Continuing Pre-Hearing Conference and Due Process Hearing
OAH Case No. 2014080072 · ALJ Laurie Gorsline
OAH granted Parent's request to continue District's due process hearing over District's opposition, finding good cause because Parent was looking for a lawyer, and reset the hearing to October 20, 2014.
This case went to decision
Student v. Goleta Union School District (consolidated): Goleta Union need not fund a $6,000 neuropsychological IEE above its SELPA cost criteria; parent's delay claim denied. (2015)
Summary
Parent asked to continue the due process hearing set for August 26, 2014, because Parent was looking for legal counsel. Parent did not serve the request on District, so the ALJ read it to District at the telephonic prehearing conference. District opposed. The ALJ found good cause and reset the hearing to October 20–23, 2014, at District's offices, and continued the prehearing conference to October 10, 2014.
Why it matters
A parent who is trying to find a lawyer may be able to get a continuance even when the district objects. Parents should still serve any request on the other side, because filing it only with OAH can cause problems.
People named in the order
- Laurie Gorsline, Administrative Law Judge
- Melissa Hatch, Attorney for Goleta Union School District
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:
GOLETA UNION SCHOOL DISTRICT, OAH CASE NO. 2014080072
v. ORDER FOLLOWING PRE-HEARING
CONFERENCE AND CONTINUING
PARENT ON BEHALF OF STUDENT. PRE-HEARING CONFERENCE AND
DUE PROCESS HEARING
On August 18, 2014, a telephonic prehearing conference (PHC) was held before Administrative Law Judge (ALJ) Laurie Gorsline, Office of Administrative Hearings (OAH). Melissa Hatch, Attorney at Law, appeared on behalf of Goleta Union School District (District). Parent appeared on behalf of Student. The PHC was recorded.
Based on discussion of the parties, the ALJ issues the following order:
1. Motion to Continue Hearing, Hearing Dates, Times, and Location. On August
14, 2014, Parent filed a request to continue the due process hearing scheduled to begin on August 26, 2014, on the ground that Parent is in the process of finding legal counsel. Parent did not serve District with a copy of the request to continue so the ALJ read the request to District at the PHC. District opposed the continuance.
Good cause having been shown, the hearing was continued and shall take place on October 20, 21, 22 and 23, 2014, and continue day to day, Monday through Thursday, as needed at the discretion of the ALJ. The hearing shall begin each day at 9:00 a.m. and end at 5:00 p.m. with the exception of the first day of hearing, on which day the hearing shall begin at 1:30 p.m., unless otherwise ordered.
The hearing shall take place at the District’s offices located at Goleta Union School District, 401 North Fairview Avenue, Goleta, California 93117. District will ensure that parking is available for Student and her representatives and the ALJ.
The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure that the witnesses will be available to testify.
A witness will not be regarded as unavailable for purposes of showing “good cause” to continue the hearing if the witness is not properly notified of the hearing date or properly subpoenaed, as applicable.
2. Prehearing Conference. The telephonic PHC was continued to October 10,
2014 at 10:00 a.m. OAH will initiate the conference call. PHC statements shall be filed with OAH and served by the parties no later than three business days prior to October 10, 2014, 2014.
3. Settlement. The parties are encouraged to continue working together
to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately should they reach a settlement or otherwise resolve the dispute before the scheduled hearing. In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880.
IF A FULL AND FINAL WRITTEN SETTLEMENT AGREEMENT IS REACHED
AFTER 5:00 P.M. THE DAY PRIOR TO HEARING, THE PARTIES SHALL LEAVE A
VOICEMAIL MESSAGE REGARDING THE SETTLEMENT AT (916) 274-6035. THE
PARTIES SHOULD ALSO LEAVE CONTACT INFORMATION SUCH AS CELLULAR
PHONE NUMBERS OF EACH PARTY OR COUNSEL FOR EACH PARTY. THE
PARTIES SHOULD SIMULTANEOUSLY FAX THE SIGNATURE PAGE OF THE
SIGNED AGREEMENT OR A LETTER WITHDRAWING THE CASE TO THE OAH AT
THE FAXINATION LINE at 916-376-6319.
Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages the evening prior to the hearing or the morning of the hearing.
4. Failure to comply with this order may result in the exclusion of evidence or
other sanctions.
IT IS SO ORDERED.
DATE: August 18, 2014
/S/
LAURIE GORSLINE
Administrative Law Judge Office of Administrative Hearings