California OAH special education order · July 19, 2016
Order Following Order to Show Cause; Granting Continued Mediation Date
OAH Case No. 2016060201 · ALJ Peter Paul Castillo
OAH set aside an order to show cause and imposed no costs on Los Angeles Unified for failing to tell OAH a mediation was canceled, after District explained the oversight was inadvertent and promised prompt notice in future.
Summary
OAH issued an order to show cause why District should not pay the costs of a July 6, 2016 mediation that was canceled without notice to OAH. District did not file the required written response. At the telephonic hearing, District's attorney first said staff had called OAH, but OAH had no record of a call, and a District employee had told the mediator that staff forgot to notify OAH. Because District acknowledged the mistake and promised to notify OAH promptly of future cancellations, the ALJ set aside the order to show cause and granted the parties' request to reschedule mediation to August 17, 2016, at 9:00 a.m.
Why it matters
Parties must tell OAH right away when a scheduled mediation is canceled, or they may face an order to show cause and possible costs. An honest explanation and a commitment to do better can be enough to avoid sanctions for a first, inadvertent lapse.
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. 2016060201 v. ORDER FOLLOWING ORDER TO
SHOW CAUSE; GRANTING
LOS ANGELES UNIFIED SCHOOL CONTINUED MEDIATION DATE
DISTRICT.
On July 15, 2015, a telephonic Order to Show Cause was held before Presiding Administrative Law Judge Peter Paul Castillo, Office of Administrative Hearings.
Patrick Balucan, Attorney at Law, appeared on behalf of Los Angeles Unified School District. Jodi Bynder, Attorney at Law, appeared on behalf of Student. The Order to Show Cause was recorded.
On July 6, 2016, the Office of Administrative Hearings issued an Order to Show Cause why District should not pay the costs related to cancelation of the scheduled July 6, 2016 mediation. The Order to Show Cause called for District to submit a response to OAH by July 13, 2016. OAH did not receive a response from District.
Mr. Balucan stated that based on information given to him that District employees did call OAH to inform them of the canceled mediation. However, OAH did not have a record of such a call being made by District, and a District employee informed the assigned mediator that District employees inadvertently forgot to contact OAH to cancel the mediation. District promised to work to ensure that it notifies OAH as soon as it knows that the mediation is canceled. Therefore, District has shown adequate facts to set aside the Order to Show Cause.
Additionally, the parties’ request to reschedule the mediation to August 17, 2016, at 9:00 a.m., is granted.
IT IS SO ORDERED.
DATE: July 19, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings