California OAH special education order · April 1, 2021
Order Denying Request to Change Mediator and Cancel Mediation
OAH Case No. 2021020664 · ALJ Joy Redmon
OAH denied Enterprise's request to change the assigned mediator. Parties cannot choose mediators, and canceling one mediation to get a different mediator does not justify a second publicly funded mediation.
This case went to decision
Student v. Enterprise Elementary School District (consolidated): Enterprise Elementary must fund 104 hours of in-home services and a health IEE after its virtual-only offer denied FAPE. (2022)
Summary
The day before a scheduled mediation, Enterprise asked OAH to assign a different mediator or, if that was not possible, to cancel the mediation. Enterprise said it would request a later mediation with a new mediator. OAH denied the request because it provides one mediation at public expense with a randomly assigned mediator and does not take requests for specific mediators. OAH warned that canceling to change mediators does not justify a later mediation, kept the April 2, 2021 mediation on the calendar, and told the parties to notify OAH quickly if either still wanted to cancel.
Why it matters
Families and districts get one free OAH mediation with a randomly assigned mediator and cannot pick or swap mediators. Canceling a scheduled mediation to get a different mediator may mean losing the free mediation altogether.
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.
ENTERPRISE ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2021020664
ORDER DENYING REQUEST TO CHANGE MEDIATOR AND
CANCEL MEDIATION
APRIL 1, 2021
On April 1, 2021, Enterprise filed a request to change the assigned mediator or in the alternative cancel mediation for April 2, 2021. Enterprise also indicated its intent to request a subsequent mediation with a different mediator if a change was not granted.
The Office of Administrative Hearings strongly encourages matters be resolved via mediation or alternate settlement means rather than proceed to hearing. To achieve this, one mediation is provided at public expense with a randomly assigned mediator.
Individual requests for mediators can not be accommodated. Accordingly, Enterprise’s request to change the assigned mediator is DENIED.
Enterprise also indicated that if the request could not be accommodated, the mediation should be cancelled and an additional request will be submitted at a later time. Parties are on notice that cancelling mediation to change mediators does not justify granting a request for a subsequent mediation as this matter has already been scheduled and assigned to a mediator. In light of that, OAH is declining to cancel the mediation already scheduled in the event this additional information warrants further consideration by the parties. If either party wants to cancel tomorrow’s mediation after receiving this information, they are instructed to notify OAH as soon as possible.
Additionally, the mediation scheduled for April 2, 2021, is CONFIRMED.
IT IS SO ORDERED
JOY REDMON
Presiding Administrative Law Judge Office of Administrative Hearings