California OAH special education order · October 2, 2020
Order Granting Request to Reschedule Prehearing Conference
OAH Case No. 2020090678 · ALJ Rommel P. Cruz
OAH rescheduled the prehearing conference because Parent was temporarily ill, but denied the request as a disability accommodation because temporary sinus and chest infections are not disabilities under the Americans with Disabilities Act.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess a six-year-old in person without parental consent or conditions, but no physical exam without consent. (2020)
Summary
Parents asked OAH to continue the prehearing conference as an accommodation under the Americans with Disabilities Act. They said Parent and Student had sinus and chest infections and were taking antibiotics and steroids. OAH found these were temporary conditions, not disabilities under that Act, and saw no link between Student's illness and his autism, so it denied the request as an accommodation. Because of Parent's temporary illness, OAH still moved the prehearing conference from October 2 to October 5, 2020, and left the hearing dates in place.
Why it matters
OAH does not treat a short-term illness as a disability under the Americans with Disabilities Act, but it may still grant a short rescheduling for good cause. Families should ask for a continuance based on the illness itself rather than framing it as a disability accommodation.
Key authority cited
- 42 U.S.C. §§ 1201, et seq.
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:
ANAHEIM ELEMENTARY SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020090678
ORDER GRANTING REQUEST TO RESCHEDULE
PREHEARING CONFERENCE
OCTOBER 2, 2020
On October 2, 2020, Parents on behalf of Student filed with the Office of Administrative Hearings a request for an accommodation under the Americans with Disabilities Act (42 U.S.C. §§ 1201, et seq.) and a continuance of the prehearing conference. Student explains that Parent and Student are suffering from sinus and chest infections, are taking antibiotics and steroids, and are unable to participate in the prehearing conference. Student requests that the prehearing conference be rescheduled.
Student requests to continue the prehearing conference based on a need for an accommodation under the Americans with Disabilities Act. However, Parent’s illness as described in the request consist of a sinus and chest infection, which are temporary conditions that do not qualify Parent as an individual with a disability as defined by the Americans with Disabilities Act. In addition, Student’s “respiratory condition” is not a permanent, disabling condition, nor is there an indication that it is related to his autism.
There is also no indication that Student’s autistic-like behaviors are increased by his sinus and chest infection. Accordingly, a continuance of this matter based on a need for an accommodation under the Americans with Disabilities Act is denied.
However, due to Parent’s temporary illness, the request to reschedule the prehearing conference is granted. The prehearing conference scheduled for October 2, 2020, is vacated. The prehearing conference is rescheduled to October 5, 2020, at 3:00 PM. The dates for hearing remain as scheduled.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings