California OAH special education order · June 16, 2015
Order Granting Motion to Unexpedite Hearing
OAH Case No. 2015060011 · ALJ Peter Paul Castillo
OAH took the case off the expedited track because Student dismissed without prejudice the only expedited issue, a claim that District suspended Student over 10 days without a manifestation determination.
Summary
Student's complaint against Oakland Unified had five regular issues and one expedited issue, Issue 4. That issue claimed District suspended Student for more than 10 school days in 2014-2015 without holding a manifestation determination meeting. Student dismissed Issue 4 without prejudice, and District did not oppose. OAH explained it has no discretion to unexpedite a case just because the parties agree, but it can do so once the expedited issue is withdrawn. It vacated the expedited prehearing conference and hearing dates and left the case on its regular schedule.
Why it matters
Expedited discipline hearings must be held within 20 school days, and OAH cannot unexpedite them by agreement of the parties. A family that wants more time must withdraw the discipline-related issue itself, which can be done without prejudice.
Key authority cited
- 20 U.S.C. § 1415(k)(3)(A)
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.532(a)
- 34 C.F.R. § 300.532(c)(2)
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. 2015060011 v. ORDER GRANTING MOTION TO
UNEXPEDITE HEARING
OAKLAND UNIFIED SCHOOL
DISTRICT.
On May 28, 2015, Student filed a Due Process Hearing Request against Oakland Unified School District that contained five non-expedited issues for hearing and one expedited issue, Issue 4. On June 1, 2015, the Office of Administrative Hearings issued a Scheduling Order and Notice of Expedited and Non-Expedited Due Process Hearing and Mediation. The Scheduling Order set this matter on a dual calendar, with the expedited matter being set for hearing on June 23 - 25, 2015.
On June 15, 2015, Student sent to OAH a dismissal without prejudice the expedited issue for hearing, which is Issue 4. District submitted its non-opposition on June 16, 2015.
APPLICABLE LAW
A parent of a child with a disability who disagrees with any decision by a school district regarding a change in educational placement of the child based upon a violation of a code of student conduct, or who disagrees with a manifestation determination made by the district, may request and is entitled to receive an expedited due process hearing. (20 U.S.C.
§ 1415(k)(3)(A); 34 C.F.R. § 300.532(a) (2006).) An expedited due process hearing before OAH must occur within 20 school days of the date the complaint requesting the hearing is filed. (20 U.S.C. § 1415(k)(4)(B); 34 C.F.R. § 300.532(c)(2) (2006).) The procedural right to an expedited due process hearing is mandatory and does not authorize OAH to make exceptions or grant continuances of expedited matters. (Ibid.) In sum, a matter can only be unexpedited or continued if no issue is alleged that is subject to an expedited hearing, or if the student withdraws the issues in the complaint that triggered the expedited hearing.
DISCUSSION
Here, Student’s complaint raises six issues. Student’s Issue 4 states that District during the 2014-2015 school year suspended Student for in excess of 10 school days without convening a manifestation determination team meeting. This issue falls squarely within the language of 20 U.S.C. § 1415(k)(3) which triggers the expedited hearing process. OAH has no discretion to deem the matter unexpedited simply because the parties’ stipulate that it is so. In this matter, Student has removed the expedited issue for hearing by dismissing without prejudice Issue 4, the sole expedited issue for hearing. Accordingly, all prehearing conference and hearing dates for the expedited portion of this case are vacated.
ORDER
The request to unexpedite the hearing is granted and the expedited prehearing conference and hearing dates are vacated. This matter shall proceed as to the non-expedited dates in the June 1, 2015 scheduling order.
DATE: June 16, 2015
/ S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings