California OAH special education order · February 23, 2017
Order Denying Tehachapi Unified School District's Motion to Change Venue
OAH Case No. 2016110289 · ALJ Peter Paul Castillo
OAH denied Tehachapi Unified's request to move the remaining hearing days from Van Nuys to Tehachapi because the hearing had already started in Van Nuys after both sides argued venue.
This case went to decision
Student v. Tehachapi Unified School District: Tehachapi Unified blocked parent participation by predetermining refusal of an insurance-funded ABA aide; new IEP meeting and staff training ordered. (2017)
Summary
Tehachapi Unified asked OAH to reconsider a December 2016 prehearing conference order that had granted Student's request to hold the hearing in Van Nuys. Student objected to moving the hearing to Tehachapi and asked that it stay in Van Nuys or be set in Bakersfield. The hearing had already begun in Van Nuys, so OAH treated the request as a motion to change venue for the remaining hearing days and denied it. OAH noted that both parties had argued venue at the prehearing conference and that the hearing had paused only so the parties could brief jurisdiction. The parties may still agree on another location and tell OAH.
Why it matters
Hearings must be held at a time and place reasonably convenient to the parent and child, and a venue ruling made after both sides argue it at the prehearing conference is hard to undo once the hearing has started. Parents who want a convenient hearing location should raise it early, at the prehearing conference.
Key authority cited
- 34 C.F.R. § 300.515(d)
- Ed. Code, § 56505, subd. (b)
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. 2016110289 v. ORDER DENYING TEHACHAPI
UNIFIED SCHOOL DISTRICT’S
TEHACHAPI UNIFIED SCHOOL MOTION TO CHANGE VENUE
DISTRICT.
On February 17, 2017, Tehachapi Unified School District filed motion for reconsideration of the prehearing conference order dated December 5, 2016, which moved the hearing to the Offices of Administrative Hearings in Van Nuys, California. OAH received a response from Student on February 21, 2017, which objected to having this matter heard in Tehachapi and requested that hearing remain in Van Nuys or be set in Bakersfield.
District’s seeks reconsideration of the December 5, 2016 prehearing conference order granting Student’s motion to change venue and setting venue for the hearing in this matter at in Van Nuys. The hearing commenced on December 19, 2016, in Van Nuys with the parties’ opening statement. Therefore, the current motion is deemed a motion to change venue for the remaining days of hearing.
Under the Individuals with Disabilities Act and state law, hearings must be conducted at a time and place that is reasonably convenient to the parents and child involved. (34 C.F.R. §300.515(d); Ed. Code, §56505(b).) Therefore, due process hearings are generally scheduled at the school district offices, the office of the Special Education Local Plan Area to which the District belongs, or the regional OAH office closest to the parents’ residence.
At the time of the PHC, the parties had the opportunity to support their positions on change of venue and location of the hearing. The assigned administrative law judge ruled after considering argument from both parties.
This matter has already started hearing at the OAH offices in Van Nuys, pursuant to the PHC order on December 5, 2016, and did not conclude due to the parties’ request to brief the issue as to OAH’s jurisdiction to hear Student’s two issues for hearing. Accordingly, the hearing will resume as scheduled at 15350 Sherman Way, Suite 300, Van Nuys, California
91406. The motion is denied.1
IT IS SO ORDERED.
DATE: February 23, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings Nothing in the order precludes the parties from agreeing upon another location, including the recent hearing location for OAH Case No. 2016110657, and informing OAH of the agreed upon location.