California OAH special education order · October 7, 2021
Order Granting Motion to Extend Meet and Confer Timeline
OAH Case No. 2021030090 · ALJ Paul H. Kamoroff
OAH gave the parties one more day to complete their court-ordered meet and confer, over Long Beach's opposition, because Student's attorney was in another hearing and the delay would not affect the hearing schedule.
This case went to decision
Student v. Long Beach Unified School District: Long Beach Unified must reimburse $14,937 for private reading instruction after failing to address autistic student's reading; five claims denied. (2021)
Summary
At the October 4, 2021 prehearing conference, OAH ordered the parties to meet and confer by 5:00 pm on October 7, 2021. The meeting was to cover witness scheduling, videoconference appearances, duplicate exhibits, subpoenas, and possible stipulations. Student asked for more time because Student's attorney was in hearing on a different OAH matter, and Long Beach opposed the request. OAH found good cause for a short extension, extended the deadline to 2:00 pm on October 8, 2021, and confirmed all hearing dates.
Why it matters
OAH will grant a short extension of a prehearing deadline over the other side's objection when there is good cause, such as counsel being in another hearing. The request is more likely to succeed when it does not delay the hearing or the decision timeline.
Key authority cited
- 34 C.F.R. § 300.515(a), (c)
- Ed. Code § 56502(f)
- Ed. Code § 56505(f)(3)
- Cal. Code Regs., tit. 1, § 1020
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.
LONG BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021030090
ORDER GRANTING MOTION TO EXTEND MEET AND
CONFER TIMELINE
OCTOBER 07, 2021
On March 1, 2021, Parent on behalf of Student filed a due process hearing request, called complaint, with the Office of Administrative Hearings, called OAH, naming Long Beach Unified School District. OAH granted Student’s request to amend the complaint on August 12, 2021.
During a prehearing conference on October 4, 2021, OAH ordered the parties to meet and confer by no later that 5:00 pm on October 7, 2021, to discuss scheduling witnesses, issues related to appearances by videoconference for hearing, eliminating duplicative exhibits, subpoenas, and whether they can stipulate to facts or evidence to shorten the length of time needed for the hearing.
On October 6, 2021, Student filed a motion to extend the timeline to meet and confer, based upon Student’s attorney being in hearing for a different OAH matter.
Long Beach opposed the request.
APPLICABLE LAW AND DISCUSSION
Parties are entitled to a speedy resolution of due process complaints. A due process hearing must be conducted and a decision rendered within 45 days of receipt of the due process notice unless an extension is granted for good cause. (34 C.F.R. § 300.515(a) & (c) (2006); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3); Cal. Code Regs., tit. 1, § 1020.)
Here, Students request does not seek to delay the timeframe for resolution of this matter or to continue the due process hearing. Student has established good cause for a short extension of the timeframe to meet and confer. Accordingly, Student’s request is granted. The parties shall have until 2:00 pm on October 8, 2021, to meet and confer.
ORDER
1. Student’s motion to extend the timeline to meet and confer is granted.
The parties shall have until 2:00 pm on October 8, 2021, to meet and confer.
2. All hearing dates set in this matter are confirmed.
IT IS SO ORDERED.
Paul H. Kamoroff Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings