California OAH special education order · November 25, 2013
Order Denying District's Motion to Compel Student to Provide Copy of Entire Hearing Record
OAH Case No. 2011081019 · ALJ Judith Pasewark
OAH denied the District's motion to make Student hand over the entire 3,532-page federal court administrative record, because the remand hearing is limited to the December 11, 2009 IEP.
This case went to decision
Student v. Hermosa Beach City Elementary School District: Hermosa Beach City Elementary's December 2009 general education offer gave a gifted student with autism a FAPE, ALJ rules on remand. (2014)
Summary
The case was sent back (remanded) to OAH for a hearing on one issue: whether the District denied Student a FAPE in its December 11, 2009 IEP. The District asked OAH to order Student to give it a copy of the entire 13-volume, 3,532-page Administrative Record filed in federal court, and Student objected. OAH denied the motion. Both sides are limited to evidence relevant to the single remand issue, both already have the hearing transcript, and the District should already have all relevant documents about its own December 2009 IEP.
Why it matters
On remand, the hearing is limited to the narrow issue the court sent back, and OAH will not force one side to reproduce a large record when the other side already has the transcript and its own relevant documents.
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, OAH CASE NO. 2011081019
v. ORDER DENYING DISTRICT’S
MOTION TO COMPEL STUDENT TO
HERMOSA BEACH CITY ELEMENTARY PROVIDE COPY OF ENTIRE
SCHOOL DISTRICT. HEARING RECORD
This matter is scheduled for remand on February 11 and 12, 2014, to determine the sole issue of whether the District denied Student a free appropriate public education (FAPE)
in its December 11, 2009 Individualized Educational Plan (IEP).
On November 13, 2013, the District filed a motion to compel Student to provide the District with a copy of the entire Administrative Record which was filed in federal court for his appeal. On November 19, 2013, Student filed an objection to the District’s motion.
The Administrative Record filed in federal court consists of 3532 pages contained in 13 volumes. As noted by Student, the remand issue is narrowly limited to the December 11, 2009 IEP. Both parties are limited to only that evidence which is relevant to the remand issue. Both Student and the District have previously obtained a copy of the OAH hearing transcript. Further, the District should have all relevant documents relating to the December 11, 2009 IEP in its possession. Therefore, the District’s request to compel production of the entire Administrative Record is denied.
IT IS SO ORDERED.
Dated: November 25, 2013 /s/
JUDITH PASEWARK
Administrative Law Judge Office of Administrative Hearings