California OAH special education order · August 24, 2018
Order Changing Location of Due Process Hearing to the Office of Administrative Hearings
OAH Case No. 2018051171 · ALJ Marian H. Tully
OAH refused District's request to hold the due process hearing at Student's school and moved it to OAH's Van Nuys office, because Parent showed the school was not reasonably convenient.
This case went to decision
La Canada Unified School District v. Student: La Canada Unified must fund psychoeducational and speech-language IEEs; the ALJ upheld its occupational therapy assessment. (2018)
Summary
District's office became unavailable for the scheduled due process hearing because of a scheduling conflict, so District asked to hold the hearing at Student's school. Parent objected. Parent said a hearing at Student's school would turn the school against Student and his advocate and would hurt Parent's ability to represent Student. Relying on Education Code section 56505(b), which requires hearings at a time and place reasonably convenient to the parents and child, OAH found the school was not reasonably convenient and moved the hearing to OAH's Van Nuys office on the original dates.
Why it matters
Parents can object to holding a due process hearing at their child's own school. OAH will weigh concerns about harm to the child's relationship with the school when deciding whether a location is reasonably convenient.
Key authority cited
- Ed. Code § 56505(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:
OAH Case No. 2018051171
LA CANADA UNIFIED SCHOOL
DISTRICT, ORDER CHANGING LOCATION OF
DUE PROCESS HEARING TO THE
v. OFFICE OF ADMINISTRATIVE
HEARINGS
PARENT ON BEHALF OF STUDENT.
On August 22, 2018, District informed the Office of Administrative Hearings that the District office location set in the Prehearing Conference Order dated August 20, 2018, was not available due to an unforeseen scheduling conflict. District seeks to hold the hearing at Student’s school of attendance. Parent opposes this change of location on the grounds that a hearing at the school Student attends would alienate the school against the child and against his advocate, and prejudice Parent’s ability to properly represent Student. Education Code, section 56505, subdivision (b), states that a due process hearing must be held “at a time and place reasonably convenient to the parents and child involved.” Student has demonstrated that the Student’s school is not reasonably convenient. Accordingly, the hearing shall proceed as follows:
DATE: August 28, 29, 30 and September 4, 2018
LOCATION: OFFICE OF ADMINISTRATIVE HEARINGS
15350 Sherman Way, Suite 300 Van Nuys, California 91406 The Due Process Hearing in this matter shall occur on the dates and at the location noted above before an Administrative Law Judge of the OAH. Unless the ALJ approves a different schedule, the hearing shall commence at 9:30 a.m. on the first day and 9:00 a.m. on all subsequent days.
IT IS SO ORDERED.
DATE: August 24, 2018
MARIAN H. TULLY
Presiding Administrative Law Judge Office of Administrative Hearings