California OAH special education order · December 8, 2023
Order Denying Without Prejudice Student's Request to Change Mediation and Prehearing Conference Dates
OAH Case No. 2023100681 · ALJ Kara Hatfield
OAH denied Student's opposed request to move mediation and the prehearing conference because mediation dates must be jointly requested; the request canceled the scheduled mediation, and the prehearing conference and hearing stay as calendared.
This case went to decision
Berkeley Unified School District v. Student: Berkeley Unified may move an 18-year-old student to Rising Star SPED Academy for up to 45 school days after repeated injuries. (2023)
Summary
After the parties agreed to mediate the non-expedited claims on December 11, 2023, Student asked to move mediation to early January 2024 and continue the prehearing conference to allow more preparation time. Berkeley opposed. It said the district would be on winter break that week, a mediation that close to the prehearing conference would not save trial preparation, and Student had not met and conferred about new dates. OAH denied the request because mediation dates must be jointly requested, found that Student's request canceled the scheduled mediation, and confirmed the prehearing conference and hearing dates.
Why it matters
A party cannot reschedule mediation alone. Asking to move a jointly set mediation without the other side's agreement can cancel it altogether, so families should meet and confer and get agreed dates before asking OAH for a change.
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:
BERKELEY UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2023100681
ORDER DENYING WITHOUT PREJUDICE STUDENT’S
REQUEST TO CHANGE MEDIATION AND PREHEARING
CONFERENCE DATES
DECEMBER 8, 2023
During the expedited prehearing conference on November 3, 2023, the parties requested a continuance of the non-expedited portion of the due process hearing to afford the parties the opportunity to participate in mediation. The parties stipulated to mediate the non-expedited claims on December 11, 2023, hold a prehearing conference of the non-expedited claims on January 8 2024, and a due process hearing of the non- expedited claims on January 17 and 18, 2024. OAH issued an Order on November 6, 2023, granting the parties’ request and setting these mediation, prehearing conference, and due process hearing dates, as mutually selected by the parties.
On December 7, 2023, Student filed a request to change the mediation date to January 2, 3, 4, or 5, 2024, and continue the prehearing conference. Student did not request to continue the due process hearing. Student requested additional time to prepare for mediation.
On December 8, 2023, Berkeley Unified School District opposed Student’s request because the school district will be on winter break during the week Student requested a mediation. Further, the parties must prepare and file prehearing conference statements by January 3, 2024, and participating in a mediation so close to the prehearing conference date would not benefit the parties by conserving any trial preparation resources. Significantly, Berkeley argues Student did not meet and confer with Berkeley regarding mutually agreeable dates for any mediation or possible continuance to accommodate Parents’ desire for additional time.
Student’s request serves to cancel the currently scheduled mediation. The request to reschedule mediation is denied as mediation dates must be jointly requested by the parties.
The prehearing conference and due process hearing dates are confirmed and will proceed as calendared.
IT IS SO ORDERED.
Kara Hatfield Administrative Law Judge Office of Administrative Hearings