California OAH special education order · May 19, 2025

Order Granting Motion to Unexpedite Hearing

OAH Case No. 2025050087 · ALJ Paul H. Kamoroff

OAH granted motions by Student and Pleasant View to unexpedite the case because the complaint did not challenge a manifestation determination or a disciplinary removal.

Granted Expedited hearings

Summary

Student filed a due process complaint, and OAH scheduled both expedited and non-expedited hearing dates. Student and Pleasant View each filed a separate motion asking OAH to unexpedite the case and vacate the expedited dates. OAH granted the motions because the complaint raised no expedited issues. Student was not challenging a manifestation determination, was not removed from school for discipline, and did not allege facts amounting to an appeal under 20 U.S.C. section 1415(k)(3). The expedited dates were vacated, and the case will proceed on the regular hearing schedule.

Why it matters

OAH can take a case off the expedited track only if the complaint raises no discipline-related issue, the student withdraws those issues, or the student chooses to challenge the placement change outside section 1415(k). Families should be clear about whether their complaint truly involves a disciplinary removal or manifestation determination.

Key authority cited

  • 20 U.S.C. § 1415(k)(3)(A)
  • 20 U.S.C. § 1415(k)(4)(B)
  • 34 C.F.R. § 300.532(a)
  • 34 C.F.R. § 300.532(c)(2)
  • 20 U.S.C. § 1415(b)(6)(A)
  • Molina v. Bd. of Educ. of Los Lunas Schools (D.N.M. 2016) 157 F.Supp.3d 1064

Topics

expedited hearing unexpedite manifestation determination discipline scheduling

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.

PLEASANT VIEW ELEMENTARY SCHOOL DISTRICT.

OAH CASE NUMBER 2025050087

ORDER GRANTING MOTION TO UNEXPEDITE HEARING

MAY 19, 2025

On April 30, 2025, Student filed a Due Process Hearing Request with the Office of Administrative Hearings, called OAH, naming Pleasant View Elementary School District, called Pleasant View. On May 6, 2025, OAH issued a Scheduling Order and Notice of Expedited and Non-Expedited Due Process Hearing and Mediation.

On May 14, 2025, Student filed a motion to unexpedite this matter and vacate the expedited dates. On the same date, Pleasant View filed a separate motion to unexpedite this matter and vacate the expedited dates.

A parent of a child with a disability who disagrees with any decision by a school district regarding a change in educational placement of the child based upon a violation of a code of student conduct, or who disagrees with a manifestation determination made by the district, may request and is entitled to receive an expedited due process hearing. (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a) (2006).) An expedited due process hearing before OAH must occur within 20 school days of the date the complaint requesting the hearing is filed. (20 U.S.C. § 1415(k)(4)(B); 34 C.F.R. § 300.532(c)(2).) The procedural right to an expedited due process hearing is mandatory and does not authorize OAH to make exceptions or grant continuances of expedited matters. (Ibid.)

A matter can only be unexpedited or continued if no issue is alleged that is subject to an expedited hearing, if the student withdraws the issues in the complaint that triggered the expedited hearing, or if the student elects to challenge the change of placement under title 20, section 1415, subdivision (b)(6)(A) and not subdivision (k). (Molina v. Bd.

of Educ. of Los Lunas Schools (D.N.M. 2016) 157 F.Supp.3d 1064, 1068-1071.)

Student and Pleasant View have demonstrated that no expedited issues were alleged in the complaint. Student is not challenging a manifestation determination review and was not removed from a school placement due to disciplinary matters. Nor does Student allege facts that constitute an appeal pursuant to Section 1415(k)(3).

Therefore, the mandatory provisions of Section 1415(k)(4)(B) for an expedited hearing do not apply. (Molina, supra, 157 F.Supp.3d 1064, 1068-1071.) Accordingly, the expedited hearing dates will be vacated.

ORDER

1. Student and Pleasant View’s motion to unexpedite this matter is granted.

2. The expedited dates are vacated.

3. The matter shall proceed on the dates set for the unexpedited hearing,

unless otherwise ordered.

Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings