California OAH special education order · June 5, 2013
Order Directing the Parties Jointly Submit the Settlement Agreement Dated September 2011 to Augment the Record
OAH Case No. 2012120545, 2012120173 · ALJ Stella Owens-Murrell
OAH ordered the parties to jointly file a signed, legible copy of their September 2011 settlement agreement by June 14, 2013, because it may bear on District's pending motion to dismiss.
This case went to decision
Student v. Capistrano Unified School District (consolidated): Capistrano Unified must reimburse $91,000 for a Utah residential school after its day-program offer and triennial assessment denied FAPE. (2013)
Summary
After the hearing, District's motion to dismiss or, in the alternative, to bifurcate was still under submission. That motion relied on a September 2011 settlement agreement requiring District to reassess Student and develop the 2012-2013 IEP at issue. On its own motion, the ALJ ordered the parties to file a fully signed, legible copy of the agreement as Joint Exhibit 1 by June 14, 2013. The ALJ found the agreement may be relevant to deciding the motion and the issues in the case.
Why it matters
If a party relies on a prior settlement agreement, the ALJ may require the full signed agreement in the record before ruling. Parties should be ready to produce the complete document rather than just describe it.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012120545(Primary)
v.
CAPISTRANO UNIFIED SCHOOL
DISTRICT,
CAPISTRANO UNIFIED SCHOOL OAH CASE NO. 2012120173
DISTRICT,
v.
ORDER DIRECTING THE PARTIES
PARENT ON BEHALF OF STUDENT. JOINTLY SUBMIT THE SETTLEMENT
AGREEMENT DATED SEPTEMBER
2011 TO AUGMENT THE RECORD
On May 6-9 and May 28-29, 2013, the undersigned Administrative Law Judge (ALJ)
heard the above captioned consolidated action. On May 6, 2013 District filed a Motion to Dismiss or in the Alternative, Motion to Bifurcate. In its motion District referred to a Settlement Agreement of the parties entered into in September 2011 that provided, among other things, for District to reassess Student for the 2012-2013 school year and develop the Individualized Education Program (IEP) currently at issue in the present case. The motion was taken under submission for decision.
The undersigned ALJ hereby orders the parties to submit the Settlement Agreement as it may be relevant to a determination of the motion and the issues raised in this matter. The parties are further ordered to provide a fully executed legible copy of the September 2011 Settlement Agreement as the parties’ Joint Exhibit 1 to be filed with OAH on or before June 14, 2013.
IT IS SO ORDERED
Dated: June 05, 2013 /s/
STELLA OWENS-MURRELL
Administrative Law Judge Office of Administrative Hearings