California OAH special education order · June 8, 2017
Order Denying Request to Change Location of Due Process Hearing
OAH Case No. 2017021090 · ALJ Tara Doss
OAH denied District's request to move the due process hearing from District's offices to West End SELPA's offices because District gave no reason and Student opposed the change.
This case went to decision
Upland Unified School District v. Student: Upland Unified may reassess a fourth grader without parental consent; parent cannot limit test choice or timing. (2017)
Summary
District asked OAH to move the due process hearing set for June 15 and 19, 2017, from District's offices to the offices of West End SELPA. Student opposed, noting that District gave no reason and that Student had already told witnesses to appear at District's offices. OAH denied the request because it lacked any rationale and Student objected, citing the rule that hearings must be held at a time and place reasonably convenient to the parent and student. District could resubmit the request with supporting facts by June 9, 2017, and Student could respond by June 12, 2017.
Why it matters
A hearing must be held at a time and place reasonably convenient to the family. Parents can successfully oppose a last-minute location change, especially when the district gives no reason and witnesses have already been told where to appear.
Key authority cited
- 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:
UPLAND UNIFIED SCHOOL DISTRICT, OAH Case No. 2017021090 v. ORDER DENYING REQUEST TO
CHANGE LOCATION OF DUE
PARENT ON BEHALF OF STUDENT. PROCESS HEARING
On June 5, 2017, Upland Unified School District filed with the Office of Administrative Hearings, a Request to Change Location of the Due Process Hearing currently scheduled for June 15, 2017 and June 19, 2017, from District’s offices to the offices of West End Special Education Local Plan Area.
On June 5, 2017, Student filed an opposition to District’s request.
A due process hearing must be held at a time and place reasonably convenient to the parent or guardian and the student. (Ed. Code, § 56505, subd. (b).)
District’s request does not offer any rationale for changing the location of the due process hearing. Student opposes District’s request because District failed to offer a rationale for changing the location and Student has already notified witnesses to appear at District’s offices.
In the absence of a rationale and because Student opposes a change in location, District’s request to change the location of the due process hearing to the offices of West End SELPA is denied. District may resubmit its request, with the addition of facts in support of changing the location, no later than Friday, June 9, 2017, at 5:00 PM. Should District resubmit its request, Student may submit a response, no later than Monday, June 12, 2017, at
5:00 PM.
IT IS SO ORDERED.
DATE: June 8, 2017
TARA DOSS
Administrative Law Judge Office of Administrative Hearings