California OAH special education order · July 21, 2017
Order Denying Motion to Advance Hearing Dates
OAH Case No. 2017060872 · ALJ Cole Dalton
OAH denied Student's motion to advance the hearing timeline because both sides' evidence showed District held a resolution session within 15 days of receiving Student's complaint.
This case went to decision
Student v. Menifee Union School District: Menifee Union must provide 45 hours of home instruction, 3 hours of speech therapy, and an adaptive PE assessment; other claims denied. (2017)
Summary
Student asked OAH to advance the due process timeline, arguing District failed to attend a resolution session. District opposed and said the parties met for a resolution session on June 29, 2017. OAH found that both parties' evidence showed District held the session within the required 15 days. Complaints about who District invited or how it ran the meeting could be raised in a due process complaint, but they do not support advancing the timeline. All dates stayed as scheduled.
Why it matters
OAH will not speed up the hearing timeline once a district holds a resolution session on time, even if the meeting was flawed. Parents who object to who attended or how the session was run should raise those problems as claims in a due process complaint instead.
Key authority cited
- 20 U.S.C. § 1415(f)
- 34 C.F.R. § 300.510(c)(1)
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. 2017060872 v. ORDER DENYING MOTION TO
ADVANCE HEARING DATES
MENIFEE UNION SCHOOL DISTRICT.
On June 20, 2017, Student filed a request for due process hearing with the Office of Administrative Hearings naming Menifee Union School District.
On July 6, 2017, Student filed a motion to advance the due process timeline due to District’s failure to attend a resolution session.
On July 11, 2017, District filed an opposition on the ground that the parties engaged in a resolution session on June 29, 2017.
APPLICABLE LAW
When a student files a request for due process hearing, the District is required to hold a resolution session within 15 days of receiving the due process hearing request, unless the parties agree to waive the resolution session in writing. (20 USC § 1415(f); 34 C.F.R § 300.510(c)(1)(2006).)
DISCUSSION
Both parties presented evidence that showed District conducted a resolution session on June 29, 2017, within 15 days of receiving Student’s complaint. Whether District failed to invite appropriate IEP team members to the resolution session or failed to conduct the meeting appropriately may be the subject of a due process complaint, but does not bear on the issue of advancing hearing timelines under section 300.510.
ORDER
Accordingly, Student’s motion is denied. All dates remain as scheduled and the matter shall proceed as follows:
Mediation: July 25, 2017 at 9:30 a.m.
Prehearing conference: August 7, 2017 at 1:00 p.m.
Due process hearing: August 15, 2017 at 9:30 a.m.
DATE: July 21, 2017
COLE DALTON
Administrative Law Judge Office of Administrative Hearings