California OAH special education order · September 26, 2013
Order Permitting Substitution of Expert Witness
OAH Case No. 2013080449 · ALJ Peter Paul Castillo
OAH let Student substitute a new expert witness for the bifurcated hearing on the Probation Department's status as a responsible agency, because neither agency objected and the change came more than five days before hearing.
This case went to decision
Student v. Contra Costa County Probation Department: Contra Costa County Probation must fund one hour of tutoring for one day it blocked instruction; other claims denied. (2013)
This case went to decision
Student v. Contra Costa County Probation Department: ALJ rules OAH has jurisdiction over Contra Costa County Probation only when it blocks wards on security status from all CCCOE instruction. (2013)
Summary
After the prehearing conference, ALJ Castillo split off a separate hearing on whether the Contra Costa County Probation Department is a proper responsible public agency under special education law, and set it for October 2 and 3, 2013. Student had named Peter Leone, Ed.D., as an expert for that hearing, then moved to substitute Alice Davis Parker, Ed.D. Student stated that neither CCCOE nor CCCPD opposed the request, and neither agency filed a response. OAH granted the substitution because it was made more than five days before the bifurcated hearing began.
Why it matters
Families can usually swap an expert witness if they disclose the change more than five days before hearing, especially when the other side does not object.
People named in the order
- Peter Leone, Ed.D., Student's originally designated expert witness
- Alice Davis Parker, Ed.D., Student's substitute expert witness
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:
EDUCATIONAL RIGHTS HOLDER ON OAH CASE NO. 2013080449
BEHALF OF STUDENT,
ORDER PERMITTING
v. SUBSTITUTION OF EXPERT
WITNESS
CONTRA COSTA COUNTY OFFICE OF
EDUCATION AND CONTRA COSTA
COUNTY PROBATION DEPARTMENT.
On September 16, 2013, a telephonic prehearing conference (PHC) was held before Administrative Law Judge (ALJ) Peter Paul Castillo, Office of Administrative Hearings (OAH). Mary Lee Smith and Rebecca Williford, Attorneys at Law, appeared on behalf of Student. Jennifer Rowe Gonzalez, Attorney at Law, appeared on behalf of Contra Costa County Office of Education (CCCOE). Christina Ro-Connolly, Attorney at Law, appeared on behalf of Contra Costa County Probation Department (CCCPD).
At the PHC, ALJ Castillo bifurcated the hearing. The bifurcated hearing as to whether CCCPD is a proper party to this action as a responsible public agency under special education laws is set for hearing on October 2 and 3, 2013. At the PHC, Student declared as an expert witness, Peter Leone, Ed.D., to testify at the bifurcated hearing. On September 19, 2013, Student filed a motion to substitute expert witness. Student’s motion states that neither CCCPD nor CCCOE opposes Student’s request that Alice Davis Parker, Ed.D., be substituted for Dr. Leone as Student’s expert witness. Neither CCCPD nor CCCOE submitted a response. As the substitution occurred more than five days before the commencement of the bifurcated hearing, Student’s request to substitute expert witnesses is granted.
IT IS SO ORDERED.
Dated: September 26, 2013 /s/
PETER PAUL CASTILLO
Administrative Law Judge Office of Administrative Hearings