California OAH special education order · September 18, 2024
Order to Show Cause as to Why Matter Should Not Be Dismissed and Continuance of Due Process Hearing
OAH Case No. 2024010524 · ALJ Laurie Gorsline
OAH ordered Parent to show cause why Student's case should not be dismissed for failure to prosecute after Parent left the videoconference hearing and did not return.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified prevails on all 13 claims by a high-achieving autistic student; missing prior written notice found harmless. (2025)
Summary
On the second day of preliminary hearing matters, the ALJ denied Student's motion to continue the hearing and to remove Student's image from all exhibits. Parent then said she was done and wanted a new judge, and left the hearing. The ALJ waited about 12 minutes, but Parent did not return. OAH ordered Parent to appear on September 20, 2024, to show cause why the case should not be dismissed for failure to prosecute, and continued the hearing to that date. OAH warned that the case would be dismissed if Parent did not appear.
Why it matters
A parent who leaves a due process hearing after an unfavorable ruling risks having the whole case dismissed for failure to prosecute. Parents should stay in the hearing and raise objections, or seek a new judge, through proper motions.
People named in the order
- Patrick Johnson, Los Angeles Unified administrator
- Brian Davenport, Attorney for Los Angeles Unified
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.
LOS ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024010524
ORDER TO SHOW CAUSE AS TO WHY MATTER SHOULD
NOT BE DISMISSED AND CONTINUANCE OF DUE
PROCESS HEARING
SEPTEMBER 18, 2024
On January 16, 2024, the Office of Administrative Hearings, called OAH, received a due process hearing request from Parent, naming Los Angeles Unified School District, called Los Angeles Unified. For good cause, OAH continued the hearing to September 17, 2024. Administrative Law Judge Laurie Gorsline, called the ALJ, heard this matter by videoconference on September 17 and 18, 2024. On both September 17 and 18, 2024, the parties and ALJ conducted preliminary matters. Opening statements had not yet been made.
Parent represented Student. Student did not attend the hearing. Attorney Brian Davenport represented Los Angeles Unified. Patrick Johnson, an administrator for Los Angeles Unified attended both hearing days on Los Angeles Unified’s behalf.
During the hearing on September 18, 2024, the ALJ denied Student’s Motion for Continuance of Due Process Hearing and the Removal of Student’s Image from All Exhibits. Parent stated words to the effect that she was done and wanted a new judge, and abruptly left the hearing. The ALJ waited for approximately 12 minutes for Parent to rejoin the hearing, but Parent never returned.
Accordingly, OAH issues the following order:
Because Parent failed to rejoin the hearing on September 18, 2024, Parent is ordered to appear and show cause why Student’s case should not be dismissed. Parent is ordered to appear by videoconference or telephonically on Friday, September 20, 2024, at 10:00 AM, and show cause why this matter should not be dismissed for failure to prosecute the case. A zoom link to attend the Order to Show Cause hearing will be sent to both parties on Thursday, September 19, 2024. If Parent fails to appear at 10:00 AM on September 20, 2024, the case will be dismissed.
The hearing is continued to Friday, September 20, 2024, at 10:00 AM.
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings