California OAH special education order · May 30, 2025
Order Granting Motion to Dismiss Expedited Issue and to Unexpedite Hearing
OAH Case No. 2025050515 · ALJ Paul H. Kamoroff
OAH granted Student's motion to drop the expedited manifestation determination issue and unexpedite the case, because no remaining issue was a disciplinary appeal requiring an expedited hearing.
Summary
Student filed a due process complaint against Lake Elsinore Unified School District that included an expedited issue, and OAH set both expedited and non-expedited hearing dates. Student then moved to dismiss the expedited issue, unexpedite the matter, and vacate the expedited dates. OAH granted the motion. Student had withdrawn the manifestation determination issue, and the remaining issues were not appeals under 20 U.S.C. section 1415(k)(3), so the mandatory expedited timeline no longer applied. The case will go forward on the non-expedited hearing dates.
Why it matters
A family that wants more time to prepare its case can drop the disciplinary (manifestation determination) issue that triggers the 20-school-day expedited hearing. The rest of the case then proceeds on the regular, slower timeline, and background facts about the manifestation determination can stay in the complaint.
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)
- Molina v. Bd. of Educ. of Los Lunas Schools (D.N.M. 2016) 157 F.Supp.3d 1064
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.
LAKE ELSINORE UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2025050515
ORDER GRANTING MOTION TO DISMISS EXPEDITED
ISSUE AND TO UNEXPEDITE HEARING
MAY 30, 2025
On May 12, 2025, Student filed a Due Process Hearing Request with the Office of Administrative Hearings, called OAH, naming Lake Elsinore Unified School District. On May 14, 2025, based on an issue asserted in the complaint, OAH issued a Scheduling Order and Notice of Expedited and Non-Expedited Due Process Hearing and Mediation, Scheduling Order.
On May 30, 2025, Student filed a motion to dismiss the expedited issue, to unexpedite the remaining matter, and vacate the expedited hearing 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).) 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 has withdrawn the expedited issued for this matter. Therefore, circumstances have changed, so that an expedited hearing is no longer required.
Although the complaint includes facts concerning the manifestation determination, Student dismissed that issue and Student does not allege facts for remaining issues that constitute an appeal pursuant to Section 1415(k)(3), and thus 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’s motion to dismiss the expedited issue is granted.
2. Student’s motion to unexpedite this matter is granted.
3. The expedited hearing dates are vacated.
4. The unexpedited matter shall proceed on the dates set in OAH’s
Scheduling Order for the unexpedited hearing, unless otherwise ordered.
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings