California OAH special education order · June 8, 2016
Order Denying Request to Expedite Mediation; Denying Request to Compel Torrance Unified School District to Participate in Mediation; and Order Scheduling Voluntary Mediation for June 22, 2016
OAH Case No. 2016020930, 2015120801 · ALJ Joy Redmon
OAH denied Student's requests to expedite mediation and to force Torrance to attend. No disciplinary facts justified expediting, and mediation is voluntary, but OAH offered a new voluntary mediation date.
Summary
Student asked OAH to set an expedited mediation and to order Torrance to attend, because Parents could no longer afford to pay for Student's related services. Torrance did not respond. OAH denied both requests. Student raised no facts triggering the IDEA's disciplinary provisions, which are what allow expedited proceedings, and under Education Code section 56500.3, mediation is voluntary, so no party can be compelled to attend. OAH did schedule a voluntary mediation for June 22, 2016, and said it would try to accommodate a different date if the parties agreed on one.
Why it matters
Financial hardship does not qualify a case for expedited treatment; only discipline-related issues do. A district cannot be ordered to mediate, so families who need quick relief may need to pursue other routes, such as a hearing or a stay put request.
Key authority cited
- Ed. Code § 56500.3, subd. (a)
- 20 U.S.C. § 1415(k)
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2016020930 v.
TORRANCE UNIFIED SCHOOL DISTRICT,
TORRANCE UNIFIED SCHOOL DISTRICT, OAH Case No. 2015120801 v.
PARENT ON BEHALF OF STUDENT. ORDER DENYING REQUEST TO
EXPEDITE MEDIATION; DENYING
REQUEST TO COMPEL TORRANCE
UNIFIED SCHOOL DISTRICT TO
PARTICIPATE IN MEDIATION; AND
ORDER SCHEDULING VOLUNTARY
MEDIATION FOR JUNE 22, 2016
On June 3, 2016, Student filed a motion to set an expedited mediation in this matter.
Student also seeks an order compelling Torrance Unified School District to attend the mediation. Torrance did not respond to Student’s motion. Student asserts that Parents are no longer able to fund Student’s related services as it became a financial hardship. Parents require an expedited mediation to resolve the matter so these services can resume.
First, Student raised no facts triggering the disciplinary provisions of the Individuals with Disabilities Education Act that would provide for an expedited mediation. Accordingly, the request to schedule an expedited mediation is denied. Second, mediation is voluntary and a party cannot be compelled to attend. (Ed. Code §§ 56500.3, subd. (a).) Therefore, the request to order Torrance to participate in mediation is also denied. However, in light of Student’s ongoing desire to participate in mediation, the Office of Administrative Hearings will schedule another mediation session for June 22, 2016. If the parties are unable to participate in mediation on that day or decline to participate in mediation entirely, they shall notify OAH without delay. Additionally, if the parties identify a mutually agreeable date for mediation, OAH will attempt to accommodate such a request.
ORDER
1. Student’s request for an expedited mediation is denied.
2. Student’s request to compel Torrance to participate in mediation is denied.
3. A voluntary mediation is scheduled for June 22, 2016.
4. If either party is unable or unwilling to attend mediation on June 22, 2016, that
party is to notify OAH and the other party without delay to cancel the mediation.
5. If the parties select a different date for mediation, they are to notify OAH
immediately, and OAH will attempt to accommodate the parties’ request.
IT IS SO ORDERED.
DATE: June 8, 2016
JOY REDMON
Administrative Law Judge Office of Administrative Hearings