California OAH special education order · May 15, 2017
Order to Show Cause Why Case Should Not Be Dismissed
OAH Case No. 2017040083 · ALJ Marian H. Tully
OAH ordered District to explain why its own due process case should not be dismissed with prejudice after District failed to appear for the prehearing conference.
This case went to decision
Barstow Unified School District v. Student: Barstow Unified may implement IEP placing student at an out-of-state residential treatment center without parental consent. (2017)
Summary
District filed a due process complaint against Student, cancelled mediation, and filed an amended complaint, but then did not appear for the May 15, 2017 telephonic prehearing conference. On its own motion, OAH ordered District to show cause in writing by May 19, 2017 why the case should not be dismissed. OAH also set a telephonic hearing for May 22, 2017, where District's counsel must explain why the case should not be dismissed with prejudice for failure to participate, prosecute, or advance the matter. OAH noted that it must issue a decision within the federal and state timelines.
Why it matters
A party that files a due process case, including a school district, must take part in scheduled proceedings, or it risks having its case dismissed with prejudice. Parents facing a district-filed case may benefit when the district fails to prosecute it.
Key authority cited
- 20 U.S.C. § 1415(f)(1)(B)(ii)
- 34 C.F.R. § 300.51
- Ed. Code, § 56502, subd. (f)
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:
BARSTOW UNIFIED SCHOOL OAH Case No. 2017040083
DISTRICT,
ORDER TO SHOW CAUSE WHY
v. CASE SHOULD NOT BE DISMISSED
PARENT ON BEHALF OF STUDENT.
On April 3, 2017, District filed a request for due process hearing (complaint). District cancelled mediation on April 11, 2017. District filed an amended complaint on April 24,
2017. A telephonic Prehearing Conference was set for May 15, 2017. District failed to
appear for the Prehearing Conference.
If the parent and local education agency have not resolved the due process complaint within 30 days of the receipt of the complaint, OAH is required to issue a decision within the next 45 days, unless a continuance is granted for good cause. (20 U.S.C. § 1415(f)(1)(B)(ii);
34 C.F.R. § 300.51; Ed. Code, § 56502, subd. (f).)
Here, District did not appear for the Prehearing Conference. District is ordered to show cause in writing no later than 5:00 p.m. on May 19, 2017 as to why this matter should not be dismissed.
A telephonic hearing is hereby set for Monday, May 22, 2017 at 10:00 a.m., at which time District’s counsel shall show cause why this matter should not be dismissed with prejudice for failure to participate, prosecute or advance the matter.
IT IS SO ORDERED.
DATE: May 15, 2017
MARIAN H. TULLY
Administrative Law Judge Office of Administrative Hearings