California OAH special education order · July 10, 2014

Order Following Prehearing Conference; Continuing Prehearing Conference and Due Process Hearing and Ordering Production of Educational Records

OAH Case No. 2014051097 · ALJ Elsa H. Jones

OAH ordered Pasadena Unified to produce all educational records Student's counsel had requested under Education Code section 56504 by July 22, 2014, and continued the hearing on the parties' joint motion.

Ruling Subpoenas, motions to compel, and records

Summary

After a telephonic prehearing conference, OAH granted the parties' joint request to continue the due process hearing. Good cause existed because there had been no earlier continuance and both sides had calendar conflicts. The hearing was reset to begin August 18, 2014, at the District's offices, and the prehearing conference was continued to August 11, 2014. The ALJ also ordered the District to produce, by July 22, 2014, all educational records Student's counsel had requested under Education Code section 56504 that it had not yet produced.

Why it matters

A parent's records request under Education Code section 56504 can be enforced through OAH. A prehearing conference is an opportunity to get a firm deadline for any records the district has not yet produced.

Key authority cited

Ed. Code § 56504

Topics

educational records records request continuance prehearing conference hearing schedule

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. 2014051097

v. ORDER FOLLOWING PREHEARING

CONFERENCE; CONTINUING

PASADENA UNIFIED SCHOOL PREHEARING CONFERENCE AND

DISTRICT. DUE PROCESS HEARING AND

ORDERING PRODUCTION OF

EDUCATIONAL RECORDS

On July 7, 2014, a telephonic prehearing conference (PHC) was held before Administrative Law Judge (ALJ) Elsa H. Jones, Office of Administrative Hearings (OAH).

Pamela K. Daves, Attorney at Law, appeared on behalf of Parent and Student (collectively, Student.) Karen E. Gilyard, Attorney at Law, appeared on behalf of Pasadena Unified School District (District). The PHC was recorded.

Based on discussion with the parties, the ALJ issues the following Order:

1. Hearing Dates, Times, and Location. The hearing is continued on joint motion

of the parties, for good cause shown, as no previous continuance had been granted, and as the parties had calendar commitments that conflicted with the initial hearing dates. The hearing shall take place from August 18-21, 2014, and August 25, 2014, and continuing day to day thereafter, Monday through Thursday as needed, at the discretion of the ALJ. Unless otherwise ordered, the first day of hearing shall begin at 1:30 p.m., and all subsequent hearing days shall begin at 9:00 a.m.

The hearing shall take place at the District’s offices located at 351 S. Hudson Avenue, Pasadena, California 91109.

The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure that the witnesses will be available to testify.

A witness will not be regarded as unavailable for purposes of showing “good cause” to continue the hearing if the witness was not properly notified of the hearing dates or properly subpoenaed, as applicable.

2. Continued PHC: The telephonic PHC is continued to August 11, 2014, at 3:00

p.m. OAH will initiate the conference call.

3. Production of Educational Records. All educational records previously

requested by counsel for Student in this matter pursuant to Education Code section 56504, and not previously produced by District, shall be produced by no later than close of business on July 22, 2014.

4. Settlement. The parties are encouraged to continue working together

to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately should they reach a settlement or otherwise resolve the dispute before the scheduled hearing. In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall inform OAH of the settlement by telephone at (916) 263-0880.