California OAH special education order · May 6, 2025
Order Dismissing Due Process Hearing Request for Failure to Appear
OAH Case No. 2025010823 · ALJ Tiffany Gilmartin
OAH dismissed Student's non-expedited due process case because no one appeared for Student at the hearing, even after OAH called Parents and held the hearing open for 30 minutes.
This case went to decision
Student v. Downey Unified School District: Downey Unified had no basis of knowledge of a disability, so it owed a general education second grader no manifestation review. (2025)
Summary
Student's complaint had both expedited and non-expedited issues. The expedited hearing was held and decided in March 2025. On May 6, 2025, the day the non-expedited hearing was set to begin, Downey's attorney and a program administrator appeared, but no one appeared for Student. OAH staff called Parents' phone number on file and held the hearing open until 10:00 a.m., then OAH dismissed the complaint for Parent's failure to appear and vacated all dates.
Why it matters
Families who do not appear on the first day of hearing can lose their whole case, even after winning a separate expedited hearing. If you cannot attend, contact OAH and ask for a continuance before the hearing date, and make sure OAH has your current phone number and email.
Key authority cited
- 20 U.S.C. § 1415(f)(1)(B)(ii)
- 34 C.F.R. § 300.51
- Ed. Code, § 56502, subd. (f)
People named in the order
- Alefia Mithaiwala, Attorney for Downey Unified School District
- Jayro Roman, Program administrator, Office of Student Services, Downey Unified School District
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.
DOWNEY UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025010823
ORDER DISMISSING DUE PROCESS HEARING REQUEST
FOR FAILURE TO APPEAR
MAY 6, 2025
On January 23, 2025, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH. Student’s complaint contained expedited and non-expedited issues. An expedited hearing was convened on February 25, 2025.
An expedited decision was issued on March 10, 2025.
The non-expedited due process hearing was set to commence on May 6, 2025.
Parties received invites via the Zoom application on May 5, 2025, at 3:23 p.m.
On May 6, 2025, the undersigned opened the hearing at 9:30 a.m. Attorney for Downey Unified School District Alefia Mithaiwala and Jayro Roman, Downey program administrator for the Office of Student Services appeared. OAH staff called the number for Parents in the case file at 9:39 a.m. on May 6, 2025. The hearing was held open until 10:00 a.m. No one appeared on Student’s behalf.
APPLICABLE LAW
If the parent and local education agency have not resolved the due process complaint within 30 days of the receipt of the complaint, OAH is required to issue a decision within the next 45 days, unless a continuance is granted for good cause. (20 U.S.C. § 1415(f)(1)(B)(ii); 34 C.F.R. § 300.51; Ed. Code, § 56502, subd. (f).)
ORDER
1. Student’s due process hearing request is dismissed for Parent’s failure to appear.
2. All dates are vacated.
Tiffany Gilmartin Administrative Law Judge Office of Administrative Hearings