California OAH special education order · March 8, 2019
Order Denying Motion to Unexpedite
OAH Case No. 2019030244, 2019020769 · ALJ Rita Defilippis
OAH took no action on Student's motion to unexpedite Antioch's hearing because neither Antioch's nor Student's complaint raised expedited issues, so no expedited hearing was ever scheduled.
This case went to decision
Student v. Antioch Unified School District: Antioch Unified must reimburse $1,070 for missed specialized academic instruction after a private preschool barred district staff. (2019)
Summary
Student moved to unexpedite the due process hearing in Antioch's case. Antioch opposed the motion as moot because the cases were about to be consolidated, and the ALJ granted consolidation the same day. OAH found that neither complaint raised an issue requiring an expedited hearing and that no expedited hearing had been scheduled, so it took no action on the motion.
Why it matters
Only discipline-related issues, such as a disciplinary change of placement or a manifestation determination, trigger the mandatory 20-school-day expedited hearing. Before filing a motion to unexpedite, check whether OAH actually set an expedited hearing.
Key authority cited
- 20 U.S.C. § 1415(k)(3)(A)
- 20 U.S.C. § 1415(k)(4)(B)
- 34 C.F.R. § 300.532(a)
- 34 C.F.R. § 300.532(c)(2)
- Molina v. Bd. of Educ. of Los Lunas Schools (D.N.M. 2016) 157 F.Supp.3d 1064
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2019030244 v.
ANTIOCH UNIFIED SCHOOL DISTRICT,
ANTIOCH UNIFIED SCHOOL DISTRICT, OAH Case No. 2019020769 v.
PARENT ON BEHALF OF STUDENT. ORDER DENYING MOTION TO
UNEXPEDITE
On February 20, 2019, Antioch Unified School District filed a Due Process Hearing Request (District’s Complaint) against Student in Office of Administrative Hearings case
2019020769. On February 21, 2019, based on issues asserted in the complaint, the Office of
Administrative Hearings issued a Scheduling Order and Notice of Due Process Hearing. No issues were determined to require an expedited hearing and no expedited hearing was scheduled.
On March 6, 2019, Student filed Request for Due Process Hearing (Student’s Complaint) naming Antioch in OAH Case 2019030244. On March 6, 2019, Student filed a Motion to Unexpedite Antioch’s due process hearing. On March 6, 2019, Student filed a Motion to Consolidate District’s Case with Student’s case. On March 7, 2019, OAH issued a Scheduling Order and Notice of Due Process Hearing. No issues in Student’s request for due process were determined to require an expedited hearing and therefore no expedited hearing was scheduled. On March 7, 2019, Antioch opposed Student’s motion to unexpedite, as moot, due to the anticipated consolidation of the matters. On March 8, the undersigned ALJ issued an order granting Student’s motion to consolidate.
APPLICABLE LAW
A parent of a child with a disability who disagrees with any decision by a school district regarding a change in educational placement of the child based upon a violation of a code of student conduct, or who disagrees with a manifestation determination made by the district, may request and is entitled to receive an expedited due process hearing. (20 U.S.C.
§ 1415(k)(3)(A); 34 C.F.R. § 300.532(a) (2006). 1) An expedited due process hearing before OAH must occur within 20 school days of the date the complaint requesting the hearing is filed. (20 U.S.C. § 1415(k)(4)(B); 34 C.F.R. § 300.532(c)(2) .) The procedural right to an expedited due process hearing is mandatory and does not authorize OAH to make exceptions or grant continuances of expedited matters. (Ibid.) A matter can only be unexpedited or continued if no issue is alleged that is subject to an expedited hearing, if the student withdraws the issues in the complaint that triggered the expedited hearing, or if the student elects to challenge the change of placement under title 20, section 1415. Subdivision (b)(6)(A) and not subdivision (k). (Molina v. Bd. Of Educ. Of Los Lunas Schools (D.N.M.
2016) 157 F.Supp.3d 1064, 1068-1071.)
DISCUSSION
There were no expedited issues or hearings scheduled in Student’s or Antioch’s due process requests. Therefore, no action is taken regarding Student’s motion to unexpedite the hearing scheduled in Antioch’s case, as the hearing was never an expedited hearing.
IT IS SO ORDERED.
DATE: March 8, 2019
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings 1 All subsequent references to the Code of Federal Regulations are to the 2006 version.