California OAH special education order · July 21, 2017
Order Denying Hayward Unified School District's Request to Reconsider Order Scheduling Expedited Hearing
OAH Case No. 2017070277 · ALJ Rita Defilippis
OAH denied Hayward's request to reconsider the August 2017 expedited hearing date because federal law requires the hearing within 20 school days but does not require school to be in session.
Summary
Student filed a request for an expedited due process hearing on July 10, 2017, and OAH set the hearing for August 2 and 3, 2017. Hayward asked OAH to reconsider that scheduling order, and Student opposed. OAH denied the request. It found the dates fell within the 20-school-day deadline in 20 U.S.C. 1415(k)(4)(B). The law sets a deadline, not a requirement that school be in session or that the hearing fall on a school day, and an earlier hearing fits the IDEA's goal of resolving discipline-related placement disputes quickly.
Why it matters
The 20-school-day deadline for expedited discipline hearings is an outer limit. OAH can hold the hearing earlier, including during summer break, so districts cannot count on summer to push the hearing back.
Key authority cited
- 20 U.S.C. § 1415(k)(4)(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. 2017070277 v. ORDER DENYING HAYWARD
UNIFIED SCHOOL DISTRICT’S
HAYWARD UNIFIED SCHOOL REQUEST TO RECONSIDER ORDER
DISTRICT. SCHEDULING EXPEDITED HEARING
On July 10, 2017, Student filed a Request for Expedited Due Process Hearing. On July 11, 2017, the Office of Administrative Hearings issued a Scheduling Order setting the expedited hearing on August 2 and 3, 2017, continuing day to day, Monday through Thursday at the discretion of the Administrative Law Judge. On July 19, 2017, Hayward Unified School District filed a Motion to Reconsider the Order Scheduling the Expedited Hearing. On July 21, 2017, Student filed an Opposition to District’s Motion to Reconsider the Order Scheduling Expedited hearing.
APPLICABLE LAW
20 U.S.C. 1415(k)(4)(B) states, “the State or local educational agency shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing.”
DISCUSSION
In the present case, Student requested an expedited due process hearing on July 10,
2017. The expedited hearing was scheduled to begin August 2, 2017, which is within 20
school days of Student’s request for expedited hearing. OAH properly scheduled the expedited hearing as required by 20 U.S.C. 1415 (k)(4)(B).
The statute requires the hearing be conducted before the expiration of 20 school days.
It does not require that school be in session or that the hearing take place on a particular school day. In fact, an earlier expedited hearing is in keeping with the speedy resolution mandate of the Individuals with Disabilities Education Act, which is emphasized further when placement changes due to disciplinary actions are contemplated by the IDEA’s creation of the expedited hearing process. Accordingly, Hayward’s request for reconsideration is Denied.
ORDER
Hayward’s Motion for Reconsideration is Denied.
IT IS SO ORDERED.
DATE: July 21, 2017
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings