California OAH special education order · February 5, 2015
Order Following Prehearing Conference of February 6, 2015
OAH Case No. 2014110312, 2014100761 · ALJ Robert Helfand
OAH denied Father's motion to bar Mother from advocating in the hearing, ruling that Mother is a party with the same right as Father to fully participate.
Summary
At a prehearing conference in these consolidated cases between the parents and Spencer Valley, Father, represented by counsel, asked OAH to exclude Mother from advocating for any party. The ALJ denied the request because Mother is a party and has the same right as Father to fully participate in the hearing. The ALJ also granted Spencer Valley's request to add two expert witnesses and strike a third, and amended Father's witness list. Both sides' motions to exclude exhibits were deferred to the first day of hearing.
Why it matters
When parents disagree, each parent who is a party keeps full rights to take part in a due process hearing, and one parent cannot shut the other out. Late changes to witness lists can still be allowed at a prehearing conference.
People named in the order
- Robert Helfand, Administrative Law Judge
- Patricia Lewis, Attorney for Father
- Deborah R.G. Cesario, Attorney for Spencer Valley
- Anne Hensel, Expert witness (District); witness on Father's list
- Tammi Dennis, Expert witness (District)
- Richard McKinney, Expert witness stricken (District)
- Brian Duffy, Witness (Father's list)
- Michelle Stanley, Witness (Father's list)
- Dustin Evenson, Witness (Father's list)
- Marc Lewkowkz, Ph.D., Expert witness (Father)
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. 2014110312
v.
SPENCER VALLEY ELEMENTRY SCHOOL
DISTRICT,
SPENCER VALLEY ELEMENTRY SCHOOL OAH CASE NO. 2014100761
DISTRICT,
v.
ORDER FOLLOWING PREHEARING
PARENT ON BEHALF OF STUDENT. CONFERENCE OF FEBRUARY 6, 2015
On February 6, 2015, a telephonic prehearing conference was held before Administrative Law Judge Robert Helfand, Office of Administrative Hearings. Patricia Lewis, Attorney at Law, appeared on behalf of Student’s father. Student’s mother appeared on behalf of herself. Deborah R.G. Cesario, Attorney at Law, appeared on behalf of Spencer Valley Elementary District. The PHC was recorded.
Based on discussion of the parties, the ALJ issues the following order which amends the Amended Order following Prehearing Conference dated December 26, 2014:
1. Hearing Dates, Times, and Location. The hearing shall take place on
February 10-12 and 17-18, 2015 at the offices of the Office of Administrative Hearings located at 1350 Front Street, Suite 3005, San Diego, CA 92101. The hearing shall continue day to day Monday through Thursday as needed at the discretion of the ALJ. The hearing shall begin at 9:30 a.m. the first day of the hearing and at 9:00 a.m. all other days unless otherwise ordered.
2. Issues. The issues to be heard are those listed in the Amended Prehearing
Conference Order dated December 26, 2014.
3. Spencer Valley’s request to add Anne Hensel and Tammi Dennis as expert
witnesses, and strike Richard McKinney as an expert witness is granted.
4. Father’s witness list is now amended to include the following: Father, Mother,
Student’s step-mother, Brian Duffy, Anne Hensel, Michelle Stanley, Dustin Evenson, Marc Lewkowkz, Ph.D., has been designated as an expert witness.
5. Father’s motion to exclude Mother from advocating for any party in the case is
DENIED. Mother is a party and has a right to fully participate in the hearing just like Father.
6. Spencer Valley’s motion to exclude Father’s exhibits 27 and 28 will be
addressed on at the first day of hearing.
7. Father’s motion to exclude certain of Spencer Valley’s exhibits will be
addressed on the first day of hearing.
.
DATE: February 5, 2015
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings