California OAH special education order · March 11, 2015
Notice of Ex Parte Communication
OAH Case No. 2014120525 · ALJ Peter Paul Castillo
OAH disclosed a letter Student's mother faxed directly to the assigned ALJ without copying District, and ordered Student to serve it on District's counsel so District could respond.
This case went to decision
Student v. San Diego Unified School District: San Diego Unified must reimburse $31,627.58, half of residential placement costs, after a flawed mental health assessment. (2015)
Summary
Student's mother called OAH and then faxed a letter to the assigned ALJ, Paul H. Kamoroff. Nothing showed she had sent a copy to District's counsel. Because ex parte communications are barred while a due process case is pending, OAH disclosed the letter and made it part of the record. Student was ordered to serve the letter on District's counsel by March 12, 2015 and file proof of service, and District could respond by March 13, 2015. If Student did not serve the letter, OAH would send it to District's counsel itself.
Why it matters
Parents, especially those without a lawyer, should not send letters about their case to the judge without copying the other side. OAH will disclose any such letter to all parties, and the district gets a chance to respond to it.
Key authority cited
- Cal. Code Regs., tit. 5, § 3084
People named in the order
- Paul H. Kamoroff, Administrative Law Judge assigned to hear the matter
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2014120525 v. NOTICE OF EX PARTE
COMMUNICATION
SAN DIEGO UNIFIED SCHOOL
DISTRICT.
On March 9, 2015, Student’s mother contacted the Office of Administrative Hearings by telephone and spoke to an OAH case clerk, who informed her to put her concerns in writing to OAH. On March 10, 2015, OAH received by fax transmission a letter from Student’s mother, addressed to Administrative Law Judge Paul H. Kamoroff, who is presently assigned to hear this matter. Nothing indicates that Mother sent a copy of her letter to the legal counsel of San Diego Unified School District. ALJ Kamoroff has seen the contents of the March 10, 2015 letter.
Ex parte communications are not permitted while a due process proceeding is pending. “[W]hile special education due process hearing proceedings are pending there shall be no communication, direct or indirect, regarding any issue in the proceeding, to a hearing officer from an employee or representative of a party or from an interested person unless the communication is made on the record at the hearing.” (Cal. Code. Regs., tit. 5, § 3084, subd. (a).) When an ex parte communication is received, the ALJ presiding over the matter must disclose the communication to all parties, make it part of the record, and may allow the parties an opportunity to address the matter. (Cal. Code. Regs., tit. 5, § 3084, subds. (c) – (e).)
Student is hereby instructed to send a copy of the March 10, 2015 letter to District’s legal counsel by 3:00 p.m., on March 12, 2015, and file concurrently with OAH proof of service on District’s legal counsel. Any response by District shall be filed and served on OAH and Student’s mother by 5:00 p.m. on March 13, 2015. If Student fails to provide District’s legal counsel with of the March 10, 2015 letter, OAH shall provide District’s legal counsel with a copy and permit District to respond.
IT IS SO ORDERED.
DATE: March 11, 2015
/ S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings