California OAH special education order · December 10, 2015
Order Granting Request for Extension of Time to Meet and Confer
OAH Case No. 2015080436 · ALJ Paul H. Kamoroff
OAH gave Student two more days to meet and confer with District about scheduling witnesses, over District's opposition, because Student's attorney had an unforeseen conflict with another OAH case.
This case went to decision
Student v. Lake Elsinore Unified School District: Lake Elsinore Unified did not deny FAPE by failing to assess, because parents refused consent to its assessment plans. (2016)
Summary
The ALJ had ordered Student and District to meet and confer about scheduling witness testimony by 5:00 p.m. on December 9, 2015. Student asked for more time because Student's attorney had an unforeseen scheduling conflict with another OAH case. District opposed the request. OAH extended the deadline to 5:00 p.m. on December 11, 2015, and kept all hearing dates as set.
Why it matters
OAH may grant short extensions of procedural deadlines, even over opposition, when counsel shows a real and unforeseen conflict, as long as the hearing dates are not affected.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015080436 v. ORDER GRANTING REQUEST FOR
EXTENSION OF TIME TO MEET AND
LAKE ELSINORE UNIFIED SCHOOL CONFER
DISTRICT.
On December 9, 2015, Parents on behalf of Student filed a request for an extension of time, until December 11, 2015, to meet and confer with the Lake Elsinore Unified School District regarding the scheduling of witness testimony. District submitted an opposition to the request.
On December 7, 2015, the undersigned Administrative Law Judge ordered Student and District to meet and confer regarding the scheduling of witness testimony, by 5:00 p.m.
on December 9, 2015. In Student’s request to extend this period of time, Student’s attorney asserts that, due to an unforeseen scheduling conflict with Office of Administrative Hearings case number 2015060423, she is unavailable to meet and confer as ordered.
Student’s request for an extension, to 5:00 p.m. on December 11, 2015, to meet and confer with District regarding witness scheduling is granted. All hearing dates shall remain as set unless otherwise ordered.
IT IS SO ORDERED.
DATE: December 10, 2015
/ S/
PAUL H. KAMOROFF
Administrative Law Judge Office of Administrative Hearings