California OAH special education order · November 5, 2018
Order Regarding Order to Show Cause
OAH Case No. 2018090670 · ALJ Tiffany Gilmartin
OAH vacated its order to show cause why Student's case should not be dismissed after Parent explained he had given OAH a wrong phone number and showed his attempts to call.
This case went to decision
Student v. Fremont Union High School District: Fremont Union High must provide door-adjacent curb-to-curb transportation inside a gated complex and reimburse the family's mileage. (2018)
Summary
OAH issued an order to show cause why the case should not be dismissed after Parent failed to appear at the scheduled prehearing conference. Parent filed a written response. He explained that he had listed an incorrect phone number on his most recent filing, and he attached a log of his many attempts to reach Fremont and OAH. The ALJ found good cause to vacate the order to show cause. Because the missed conference meant the original dates could not be kept, the ALJ reset the prehearing conference to November 16, 2018 and the hearing to November 27-29, 2018.
Why it matters
Parents without lawyers can lose their case if they miss a prehearing conference, so it is critical to keep contact information on file with OAH accurate. A prompt written response with proof of good-faith efforts, such as a phone log, can save the case.
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. 2018090670 v. ORDER REGARDING ORDER TO
SHOW CAUSE
FREMONT UNION HIGH SCHOOL
DISTRICT.
On November 2, 2018, the undersigned ALJ issued an order to show cause why case should not be dismissed. Parent was given until noon on November 5, 2018 to provide a written response explaining his failure to appear at the scheduled prehearing conference.
Fremont was not obligated to provide a written response. On November 5, 2018, Parent filed with OAH, a written response. In Parent’s response, he stated he provided an incorrect phone number to OAH on his most recently filed document. Parent also provided a phone log of his numerous attempts to reach both Fremont and OAH.
Parent is reminded of the critical importance of providing OAH correct contact information. Based on Parent’s response, good cause exists to vacate the Order to Show cause. Due to Parent’s failure to appear for the scheduled prehearing conference, this matter cannot proceed on the days originally scheduled. This matter is now set for the following days:
Prehearing conference: Friday, November 16, 2018 at 1:00 p.m.
Due Process Hearing: November 27-29, 2018. The hearing shall convene at 9:30 AM on the first day and at 9 AM on all subsequent days unless ordered otherwise by the ALJ.
IT IS SO ORDERED.
DATE: November 5, 2018
TIFFANY GILMARTIN
Administrative Law Judge Office of Administrative Hearings