California OAH special education order · December 2, 2014
Order Denying District's Request for Official Notice
OAH Case No. 2014050208, 2014041256 · ALJ Alexa J. Hohensee
OAH denied District's request for official notice of Student's earlier due process complaint because District gave no reason and the settled, never-decided pleading was irrelevant to the consolidated case.
This case went to decision
Student v. Downey Unified School District (consolidated): Downey Unified must reimburse $9,324.80 for summer Lindamood-Bell after an unclear 2013 ESY offer; all other claims denied. (2014)
Summary
District asked OAH to take official notice of a due process complaint Student filed in an earlier case, which was dismissed in May 2014 after a settlement. Student opposed the request. OAH denied it. District's papers did not explain why notice was needed, and a prior pleading that was never heard or decided on the merits has no relevance to the current consolidated proceeding.
Why it matters
A party asking OAH to take official notice of a document must explain why it matters. A complaint from an earlier case that settled without a decision is unlikely to be relevant to a later hearing.
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. 2014050208
v.
DOWNEY UNIFIED SCHOOL DISTRICT,
DOWNEY UNIFIED SCHOOL DISTRICT, OAH CASE NO. 2014041256
v.
ORDER DENYING DISTRICT’S
PARENT ON BEHALF OF STUDENT. REQUEST FOR OFFICIAL NOTICE
On November 10, 2014, Downey Unified School District requested official notice of a due process hearing request filed by Student in a prior matter, OAH Case No. 2014010242, which matter was dismissed on May 7, 2014, pursuant to a settlement. On November 12, 2014, Student filed opposition to District’s request for official notice.
District’s moving papers do not explain the reason for the request. The prior pleading, which was never heard or decided on the merits, has no relevance to this consolidated proceeding. Accordingly, the request for official notice is denied.
IT IS SO ORDERED.
DATE: December 2, 2014
/ S/
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings