California OAH special education order · June 18, 2014
Order Granting Student's Request to Increase Page Limit for Opening Closing Briefs; Denying Request to Increase Page Limit for Reply Briefs; Order Modifying Due Dates for Opening and Reply Briefs
OAH Case No. 2014030842, 2014030046 · ALJ Darrell Lepkowksy
OAH raised the opening closing-brief page limit from 30 to 45 pages because of the case's complex issues, but kept reply briefs at 20 pages because replies should only clarify, not add argument.
This case went to decision
Student v. Spencer Valley Elementary School District (consolidated): Spencer Valley's predetermined placement denied FAPE and cannot be implemented; for implementation failures, it must fund up to $1,500 and inclusion training. (2014)
Summary
After the consolidated due process hearing ended, Student asked to raise the page limits for both opening closing briefs and reply briefs. Student styled the request as a motion for reconsideration, and the District filed a statement of non-opposition. The ALJ granted 45 pages for opening briefs and moved their due date to July 30, 2014. The ALJ denied more pages for reply briefs, explaining that the issues should be argued in the opening briefs and that replies are meant to clarify points, not present new argument. Reply briefs were reset to August 13, 2014.
Why it matters
Even an unopposed request can be denied in part. Parties should put all of their substantive argument in opening closing briefs, because OAH treats reply briefs as limited to clarification.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2014030842 v.
SPENCER VALLEY ELEMENTARY
SCHOOL DISTRICT,
SPENCER VALLEY ELEMENTARY OAH Case No. 2014030046
SCHOOL DISTRICT,
v. ORDER GRANTING STUDENT’S
REQUEST TO INCREASE PAGE LIMIT
PARENTS ON BEHALF OF STUDENT. FOR OPENING CLOSING BRIEFS;
DENYING REQUEST TO INCREASE
PAGE LIMIT FOR REPLY BRIEFS;
ORDER MODIFYING DUE DATES FOR
OPENING AND REPLY BRIEFS
The due process hearing in these consolidated matters finished on July 11,
2014. At the close of the hearing, the Administrative Law Judge set a schedule for
the submission of written closing briefs and reply briefs in lieu of oral closing arguments, and a limit on the pages permitted for each brief. Opening briefs are presently due by close of business on July 25, 2014, with a limit of 30 pages. Reply briefs are presently due by close of business on August 8, 2014, with a limit of 20 pages.
On July 14, 2014, Student filed a request (styled as a motion for reconsideration) to increase the page limitations for both opening and reply briefs, based upon the quantity and complexity of the issues presented in the case. On July 17, 2014, Spencer Valley Elementary School District filed a statement of non- opposition to Student’s request.
Student’s request to increase the page limit for opening briefs is granted. The page limit is increased to 45 pages as requested by Student. Given the 50 percent increase in page limit, the opening briefs are now due in the Office of Administrative Hearings in Sacramento no later than 12:00 p.m. on Wednesday, July 30, 2014.
However, Student’s request to increase the page limit for reply briefs is denied. The issues in the case should be addressed by the parties in their opening briefs. Reply briefs are intended to clarify points, not to present new argument.
Twenty pages are sufficient to do so.
Given the modification in due date for opening briefs, the parties’ reply briefs are now due no later than 12:00 p.m. on Wednesday, August 13, 2014.
ORDER
1. Student’s request to increase the page limit for opening briefs is
GRANTED.
2. Student’s request to increase the page limit for reply briefs is DENIED.
3. Written opening briefs are now due no later than 12:00 p.m. on
Wednesday, July 30, 2014.
4. Reply briefs are now due no later than 12:00 p.m. on Wednesday, August
13, 2014.
DATE: June 18, 2014
DARRELL LEPKOWKSY
Administrative Law Judge Office of Administrative Hearings