California OAH special education order · March 11, 2019
Order Following Prehearing Conference, Setting Order to Show Cause re Dismissal, and Continuing Due Process Hearing Dates
OAH Case No. 2019010870 · ALJ Kara Hatfield
OAH ordered Student to show cause why the case should not be dismissed after Student's attorney filed no prehearing conference statement and missed the prehearing conference, and continued the hearing one week.
Summary
Student's attorney, Alexander Diaz, did not file a prehearing conference statement and did not answer three calls from the ALJ for the March 11, 2019 telephonic prehearing conference. He called OAH about 50 minutes later and gave a phone number that differed from the one on Student's complaint. On its own motion, OAH ordered Student to file a written response by March 13, including a declaration from counsel explaining the missed statement and appearance, and set a telephonic order-to-show-cause hearing for March 15. OAH continued the due process hearing one week, to March 26–28, 2019, at Lynwood's office, and warned that failing to comply could lead to sanctions, including dismissal of Student's complaint.
Why it matters
Missing a prehearing conference or failing to file a PHC statement can put a family's entire case at risk of dismissal. Families should make sure their attorney keeps the contact number on file with OAH current and attends every required conference.
People named in the order
- Kara Hatfield, Administrative Law Judge
- Alexander Diaz, Student's attorney
- Richard Gonzalez, Attorney for Lynwood Unified School District
- Patrick Saldana, Attorney for Los Angeles County Office of Education
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2019010870 v. ORDER FOLLOWING PREHEARING
CONFERENCE, SETTING ORDER TO
LYNWOOD UNIFIED SCHOOL SHOW CAUSE RE DISMISSAL, AND
DISTRICT AND LOS ANGELES CONTINUING DUE PROCESS
COUNTY OFFICE OF EDUCATION. HEARING DATES
On March 11, 2019, a telephonic prehearing conference was held before Administrative Law Judge Kara Hatfield, Office of Administrative Hearings. Richard Gonzalez, Attorney at Law, appeared on behalf of Lynwood Unified School District.
Patrick Saldana, Attorney at Law, appeared on behalf of Los Angeles County Office of Education. The ALJ made three attempts to contact Student’s attorney Alexander Diaz, but he did not answer the telephone. The PHC was recorded.
Based upon discussion with the parties, the ALJ issues the following order:
1. Order to Show Cause re Dismissal. Student’s attorney failed to file a
prehearing conference statement and failed to appear for the PHC. 1 Due to Student’s attorney’s failure to appear, Student, Lynwood, and Los Angeles County are ordered to appear telephonically on March 15, 2019, at 3:00 p.m. Student is ordered to show cause why this case should not be dismissed. If Student demonstrates that the matter should not be dismissed, the parties should be prepared to go forward with the prehearing conference at that time. Student shall submit a written response to the order to show cause by 5:00 p.m. on March 13, 2019, which shall include a declaration by Student’s counsel regarding his failure to file a PHC statement and his non-appearance at the PHC.
2. Hearing Dates, Times, and Location. The hearing is continued one week to
permit the order to show cause to proceed, and shall take place on March 26, 27, and 28, 2019, and continuing day to day, at the discretion of the ALJ. The hearing shall take place at the Lynwood’s office located at 11321 Bullis Rd., Lynwood, CA 90262. The hearing shall Mr. Diaz called OAH approximately 50 minutes after the PHC to inquire about it.
OAH staff informed him the ALJ repeatedly called but he had not answered. Mr. Diaz then provided a phone number that was different than the phone number on the caption of Student’s complaint, and which Mr. Diaz had not previously provided or requested be called for the PHC.
begin at 9:30 a.m. the first day of the hearing and at 9:00 a.m. all other days, unless otherwise ordered.
3. Settlement. The parties are encouraged to continue working together
to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately should they reach a settlement or otherwise resolve the dispute before the scheduled hearing. In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880.
IF A FULL AND FINAL WRITTEN SETTLEMENT AGREEMENT IS REACHED
AFTER 5:00 P.M. THE DAY PRIOR TO HEARING, THE PARTIES SHALL LEAVE A
VOICEMAIL MESSAGE REGARDING THE SETTLEMENT AT (916) 274-6035. THE
PARTIES SHOULD ALSO LEAVE CONTACT INFORMATION SUCH AS CELLULAR
PHONE NUMBERS OF EACH PARTY OR COUNSEL FOR EACH PARTY. THE
PARTIES SHOULD SIMULTANEOUSLY EMAIL THE SIGNATURE PAGE OF THE
SIGNED AGREEMENT OR A LETTER WITHDRAWING THE CASE TO OAH AT
https://www.applications.dgs.ca.gov/oah/oahsftweb.
Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages the evening prior to the hearing or the morning of the hearing.
If the matter settles subject to board approval, in addition to a signed copy of the signature page of the settlement agreement as noted above, the parties shall provide the date of the next board meeting. The hearing dates will not be cancelled without this information.
4. Failure to comply with this order may result in the exclusion of evidence or
other sanctions, including dismissal of Student’s complaint.
IT IS SO ORDERED.
DATE: March 11, 2019
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings