California OAH special education order · July 22, 2021
Order Setting Aside Order To Show Cause
OAH Case No. 2021020060 · ALJ Cynthia Fritz
OAH set aside its order to show cause against Student's attorney for missing the prehearing conference after a sworn response showed the absence was due to extenuating circumstances, not delay.
Summary
OAH had ordered Student's attorney to show cause why they should not pay costs, and why the complaint should not be dismissed, after the attorney failed to appear at the prehearing conference. Student's attorney filed a timely response supported by a sworn declaration. The districts did not respond. OAH found that the failure to appear was caused by extenuating circumstances, not unnecessary delay or an effort to waste judicial resources, and set aside the order to show cause without imposing costs or dismissing the case.
Why it matters
Missing a prehearing conference can lead to cost sanctions and dismissal of a parent's case. A prompt sworn explanation of extenuating circumstances can avoid both.
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,
v.
ADELANTO ELEMENTARY SCHOOL DISTRICT AND VICTOR VALLEY
UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2021020060
ORDER SETTING ASIDE ORDER TO SHOW CAUSE
JULY 22, 2021
On July 19, 2021, the Office of Administrative Hearings issued an order to show cause why Student's attorney should not be ordered to pay costs for failing to appear for the prehearing conference and dismissal of the complaint. The order to show cause called for Student's attorney to file a response by July 20, 2021. The Office of Administrative Hearings received a response, supported by a sworn declaration on July 20, 2021. Adelanto Elementary School District and Victor Valley Union High School District did not respond to the order to show cause.
Having considered Student's response, OAH is satisfied that the failure to appear was not due to unnecessary delay or to waste judicial resources, rather, extenuating circumstances.
Accordingly, the order to show cause is set aside.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings