California OAH special education order · February 20, 2015

Order to Show Cause Why Case Should Not Be Dismissed; Resetting Prehearing Conference

OAH Case No. 2014120525 · ALJ Paul H. Kamoroff

OAH ordered Student to explain in writing why the case should not be dismissed after Student's mother missed the prehearing conference and Student failed to diligently pursue the case.

Order to show cause issued Other orders

This case went to decision

Student v. San Diego Unified School District: San Diego Unified must reimburse $31,627.58, half of residential placement costs, after a flawed mental health assessment. (2015)

Summary

Parent filed a due process complaint against San Diego Unified in December 2014. Student's mother did not attend the February 20, 2015 telephonic prehearing conference. On its own motion, OAH found that Student had not diligently pursued the matter. It ordered Student to show cause in writing by February 25, 2015, why the case should not be dismissed, warned that failing to respond would lead to dismissal without prejudice, and set the prehearing conference to reconvene on February 27, 2015, if the case is not dismissed.

Why it matters

Missing a scheduled prehearing conference can put a family's case at risk of dismissal, because OAH must decide cases on strict timelines. Parents who file on their own should calendar every OAH date and respond promptly to any order to show cause.

Key authority cited

20 U.S.C. § 1415(f)(1)(B)(ii)
34 C.F.R. § 300.51
Ed. Code, § 56502, subd. (f)

Topics

order to show cause failure to prosecute prehearing conference nonappearance dismissal without prejudice

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. 2014120525 v. ORDER TO SHOW CAUSE WHY

CASE SHOULD NOT BE DISMISSED;

SAN DIEGO UNIFIED SCHOOL RESETTING PREHEARING

DISTRICT. CONFERENCE

On December 3, 2014, Parent on behalf of Student filed a request for due process hearing with the Office of Administrative Hearings, naming the San Diego Unified School District. On December 30, 2014, OAH granted the parties joint request for continuance and set a telephonic prehearing conference for February 20, 2015, at 10:00 a.m. Student’s mother failed to attend the prehearing conference.

If the parent and local education agency have not resolved the due process complaint within 30 days of the receipt of the complaint, OAH is required to issue a decision within the next 45 days, unless a continuance is granted for good cause. (20 U.S.C. § 1415(f)(1)(B)(ii);

34 C.F.R. § 300.51; Ed. Code, § 56502, subd. (f).)

Here, Student has not diligently pursued this matter and has not appeared at the prehearing conference. Student is ordered to show cause in writing no later than February 25, 2015, at 5:00 p.m., as to why this matter should not be dismissed. Failure to submit such a response shall be cause for the dismissal of this matter without prejudice. If the case is not dismissed, the prehearing conference shall reconvene on February 27, 2015, at 10:00 a.m.