California OAH special education order · July 25, 2016
Order Following Prehearing Conference and (1) Setting Continued Mediation, Prehearing Conference and Due Process Hearing Dates, and (2) Continuing Order to Show Cause
OAH Case No. 2016060895 · ALJ Alexa J. Hohensee
OAH continued the due process hearing to September 27, 2016 at all parties' joint request, set mediation and a continued prehearing conference, and moved the order to show cause on OAH expenses to August 3, 2016.
Summary
After a telephonic prehearing conference, all parties jointly asked to continue the hearing and to schedule mediation. OAH found good cause and reset the hearing to September 27-29, 2016, in Van Nuys. It set mediation for August 16, 2016, and continued the prehearing conference to September 16, 2016. It also moved a pending order to show cause, on why the parties should not be ordered to pay OAH expenses, from July 27 to August 3, 2016.
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. 2016060895 v. ORDER FOLLOWING PREHEARING
CONFERENCE AND (1) SETTING
NEW WEST CHARTER MIDDLE CONTINUED MEDIATION,
SCHOOL AND LOS ANGELES UNIFIED PREHEARING CONFERENCE AND
SCHOOL DISTRICT. DUE PROCESS HEARING DATES,
AND (2) CONTINUING ORDER TO
SHOW CAUSE
On July 25, 2016, a telephonic prehearing conference was held before Administrative Law Judge Alexa J. Hohensee, Office of Administrative Hearings. Carolyn Olson, Attorney at Law, appeared on behalf of Student. Drew K. Rymer, Attorney at Law, appeared on behalf of New West Charter Middle School. Patrick J. Balucan, Attorney at Law, appeared on behalf of Los Angeles Unified School District. The PHC was recorded.
Based upon discussion with the parties, the ALJ issues the following order
1. Hearing Dates, Times, and Location. The hearing is continued on joint
request of all parties, for good cause shown, and shall take place on September 27-29, 2016, and continuing day to day thereafter, Monday through Thursday as needed, at the discretion of the ALJ. Unless otherwise ordered, the hearing shall begin at 9:30 a.m. on September 27, 2016, and all other hearing days shall begin at 9:00 a.m.
The hearing shall take place at the OAH offices located at 15350 Sherman Way, Suite 300, Van Nuys, California 91406. The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure that the witnesses will be available to testify. A witness will not be regarded as unavailable for purposes of showing “good cause” to continue the hearing if the witness was not properly notified of the hearing date or properly subpoenaed, as applicable.
2. Continued PHC. The telephonic PHC is continued to 10:00 a.m. on
September 16, 2016. OAH will initiate the conference call. As the parties have already filed their PHC statements, no additional PHC Statements need be filed unless changed circumstances so require.
3. Continued OSC. The telephonic Order to Show Cause Why the Parties Should
Not Be Ordered to Pay OAH Expenses, currently scheduled for 10:00 a.m. on July 27, 2016, is continued to 10:00 a.m. on August 3, 2016.
4. Mediation. At the joint request of all parties, a mediation is scheduled for 9:00
a.m. on August 16, 2016, at the LAUSD offices at 333 South Beaudry Avenue, 17th Floor, Los Angeles, California 90017.
5. Settlement. The parties are encouraged to continue working together
to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately should they reach a settlement or otherwise resolve the dispute before the scheduled hearing. In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880.
6. Failure to comply with this order may result in the exclusion of evidence or
other sanctions.
IT IS SO ORDERED.
DATE: July 25, 2016
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings