California OAH special education order · July 14, 2016
Order to Show Cause Why the Parties Should Not Be Ordered to Pay OAH Expenses
OAH Case No. 2016060895 · ALJ June R. Lehrman
OAH ordered all parties to show cause why they should not pay OAH's expenses after a scheduled mediation was cancelled without notice and no one appeared.
Summary
OAH set a mediation for July 14, 2016, at LAUSD's offices. The OAH mediator appeared, but neither Student nor New West Charter School, nor their counsel, showed up, and OAH had received no notice that the mediation was cancelled. Charter counsel later told OAH the parties had agreed to cancel and thought LAUSD would notify OAH. On its own motion, OAH ordered all parties to explain in writing by July 20, 2016, why they should not pay OAH's expenses, and set a July 27, 2016 telephonic status conference to discuss monetary sanctions.
Why it matters
Parties who agree to cancel a mediation must make sure OAH is told ahead of time. Assuming another party will notify OAH can expose everyone, including the parent's side, to paying OAH's costs.
Key authority cited
- Gov. Code, § 11405.80
- Gov. Code, § 11455.30
- Cal. Code Regs., tit. 5, § 3088
- Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026
People named in the order
- Abraham Labbad, Student's counsel (law office)
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 TO SHOW CAUSE WHY THE
PARTIES SHOULD NOT BE
NEW WEST CHARTER SCHOOL ORDERED TO PAY OAH EXPENSES
DISTRICT; LOS ANGELES UNIFIED
SCHOOL DISTRICT.
On June 10, 2016, Student, through counsel the Law Offices of Abraham Labbad, filed a request for due process hearing with the Office of Administrative Hearings naming New West Charter School and the Los Angeles Unified School District. On June 29, 2016, OAH issued a Scheduling Order setting a mediation for July 14, 2016, at 9:00 A.M., at the offices of LAUSD at 333 South Beaudry, 17th Floor, Los Angeles, CA, 90017. The Order was duly served on all parties. On June 29, 2016, New West Charter School filed a Notice that they would be represented in this matter by the law offices of Young, Minney & Corr,
LLP.
On July 14, 2016, at 9:00 A.M., an OAH mediator appeared at the offices of LAUSD at 333 South Beaudry, 17th Floor, Los Angeles, CA, 90017, to conduct the scheduled mediation. No appearance was made by either Student or New West Charter School, or their respective counsel. OAH had received no prior notice of the cancellation of mediation.
On July 14, 2016, at 11:00 A.M, counsel for New West Charter School informed OAH that the parties had agreed to cancel the mediation and it was their understanding that LAUSD would so inform OAH.
ORDER TO SHOW CAUSE
Under certain circumstances, an administrative law judge presiding over a special education proceeding is authorized to shift expenses from one party to another, or to OAH.
(Gov. Code, §§ 11405.80, 11455.30; Cal. Code. Regs., tit. 5, § 3088; see Wyner ex rel.
Wyner v. Manhattan Beach Unified School Dist. (9th Cir. 2000) 223 F.3d 1026, 1029 [“Clearly, [California Code of Regulations] § 3088 allows a hearing officer to control the proceedings, similar to a trial judge.”].)
All parties are ordered to show cause in writing why OAH should not order them to pay OAH’s expenses for preparing for and attempting to conduct the July 14, 2016 mediation, which was cancelled without notice, and for the time preparing this OSC. The written statements shall be filed with OAH, by not later than 5:00 p.m. on July 20, 2016, by facsimile transmission to (916) 376-6319.
A telephonic status conference shall take place at 10:00 a.m., on Wednesday, July 27, 2016. OAH will initiate the telephone call to the parties. The parties shall be prepared to discuss the imposition of monetary sanctions.
ORDER
1. An Order to Show Cause as to Why the Parties Should Not be Ordered to Pay
Expenses is hereby issued. The parties shall file written statements not later than 5:00 p.m., on July 20, 2016. No responsive briefs will be allowed.
2. The parties shall appear at a telephonic status conference at 10:00 a.m., on July
27, 2016. OAH will initiate the call.
3. Should any of the parties fail, without excuse, to timely file their written
statements as ordered above, or participate in the telephonic status conference, OAH may impose sanctions without further notice.
DATE: July 14, 2016
JUNE R. LEHRMAN
Presiding Administrative Law Judge Office of Administrative Hearings