California OAH special education order · March 10, 2015
Order Following Prehearing Conference; Continuance of Prehearing Conference; Order to Show Cause
OAH Case No. 2014120504 · ALJ Ted Mann
OAH ordered Mother to show cause why Student's case should not be dismissed with prejudice. She missed the prehearing conference without asking for a continuance, and the PHC was reset to March 13, 2015.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified did not have to offer a one-to-one aide to a third grader with a learning disability. (2015)
Summary
Mother represents Student and did not appear at the March 9, 2015 telephonic prehearing conference. When the ALJ called her phone number twice, it was disconnected or changed. The ALJ reset the prehearing conference to March 13, 2015 and kept the March 16, 2015 hearing date. On OAH's own motion, the ALJ ordered Mother to file by March 11 a response and a sworn declaration explaining why she did not attend or file a PHC statement, and why the case should not be dismissed with prejudice. Failure to respond will be cause for dismissal with prejudice.
Why it matters
Parents representing themselves must keep their contact information current with OAH and attend or ask to continue every prehearing conference. Missing one can lead to an order to show cause and possible dismissal of the case with prejudice.
People named in the order
- Donald Irwin, Attorney for Los Angeles Unified 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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014120504 v. ORDER FOLLOWING PREHEARING
CONFERENCE; CONTINUANCE OF
LOS ANGELES UNIFIED SCHOOL PREHEARING CONFERENCE; ORDER
DISTRICT. TO SHOW CAUSE
On March 9, 2015, a telephonic prehearing conference was held before Administrative Law Judge Ted Mann, Office of Administrative Hearings. Donald Irwin, Attorney at Law, appeared on behalf of Los Angeles Unified School District. ALJ Mann attempted to reach Student’s Mother, who is representing Student, at approximately 1:05 p.m., and 1:15 p.m. to participate in the prehearing conference, but each time a recorded message stated that the number was disconnected or changed, and the call could not be completed. The prehearing conference was not recorded due to Mother’s non-appearance.
Based on the foregoing, the ALJ issues the following order:
1. Continuance of Prehearing Conference. Based on the non-appearance of Mother,
the telephonic prehearing conference is rescheduled to March 13, 2015, at 10:00 a.m., and OAH shall initiate the PHC. The hearing date of March 16, 2015, remains on calendar.
2. Order to Show Cause. Because Mother was not present for the prehearing
conference nor did she submit a request to continue the prehearing conference, Mother shall serve on opposing party and OAH no later than 5:00 p.m. on March 11, 2015, a response why this matter should not be dismissed with prejudice for failure to participate, prosecute or advance the matter, and a declaration under penalty of perjury why Mother did not submit a PHC statement or attend the March 9, 2015 prehearing conference. Failure to submit such a response shall be cause for the dismissal of this matter with prejudice. If Mother submits a response, the District may submit a reply by 5:00 p.m. on March 12, 2015.
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.
5. Failure to comply with this order may result in the exclusion of evidence or other
sanctions.
IT IS SO ORDERED.
DATE: March 10, 2015
/ S/
TED MANN
Administrative Law Judge Office of Administrative Hearings