California OAH special education order · November 8, 2019
Order Following Order to Show Cause
OAH Case No. 2019071197 · ALJ Rita Defilippis
OAH declined to dismiss Student's complaint after Parent showed good cause for missing a prehearing conference, but required written proof that adult Student transferred his educational rights before Parent may represent him.
Summary
OAH issued an order to show cause why Student's complaint should not be dismissed after no one appeared at the November 4, 2019 prehearing conference. Parent explained in writing that she never received notice of the conference because she had ended the relationship with Student's lawyer. OAH found good cause, kept the case going on the dates already set, and reminded Student and Parent that they are responsible for following all OAH scheduling orders. Because Student had turned 18 and now holds his own educational rights, OAH said Parent may take part in the prehearing conference or represent Student only if she submits a written statement from Student confirming he transferred those rights to her. Otherwise, OAH will contact Student directly.
Why it matters
If a family drops its attorney, it must watch for and follow OAH notices itself, or the case may be dismissed for missing a conference. Once a student turns 18, a parent needs the student's written transfer of educational rights to keep speaking for the student in 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,
v.
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019071197
ORDER FOLLOWING ORDER TO SHOW CAUSE
On November 4, 2019, the undersigned issued an order to show cause as to why Student’s complaint should not be dismissed for failure to appear at a prehearing conference scheduled the same day. On November 7, 2019, Parent filed a written explanation that she was never notified about the prehearing conference since she terminated her relationship with Student’s legal counsel. Student and Parent are advised that they are responsible for all scheduling orders issued to them from the Office of Administrative Hearings, called OAH, including the currently scheduled November 15, 2019 prehearing conference.
Having established good cause for the failure to appear, the complaint will not be dismissed. This matter shall proceed on the dates specified in the November 4, 2019 order.
Since the time this matter was filed, Student has become an adult and assumed his educational rights. Mother is on notice that to participate in the prehearing conference or represent Student in this matter, she must submit a written statement from Student confirming that he transferred his educational rights to Mother. If such written confirmation is not received, Student will be contacted for the prehearing conference.
IT IS SO ORDERED
DATED: November 8, 2019 Rita Defilippis Administrative Law Judge Office of Administrative Hearings