California OAH special education order · May 3, 2015
Order Denying Motion to Compel Production of Documents
OAH Case No. 2015010790 · ALJ Cole Dalton
OAH denied District's unopposed motion to compel Student's settlement agreement with LACOE because special education due process cases have no prehearing discovery; documents are obtained only by subpoena duces tecum.
Summary
Student filed a due process complaint against Compton Unified School District and the Los Angeles County Office of Education (LACOE). Student later settled with LACOE, and LACOE was dismissed. District then moved to compel production of the Student-LACOE settlement agreement, and no opposition was filed. OAH denied the motion because neither the IDEA nor California law allows prehearing discovery in due process cases. Parties can instead present evidence and compel witnesses at hearing, and the ALJ can issue a subpoena duces tecum for documents if a party shows reasonable necessity.
Why it matters
A motion to compel discovery is the wrong tool in OAH special education cases, even when nobody opposes it. A party that wants documents, including another party's settlement agreement, must ask for a subpoena duces tecum and show reasonable necessity.
Key authority cited
- 20 U.S.C. § 1415(h)(2)
- Ed. Code, § 56506, subd. (d)(2)
- Ed. Code, § 56506, subd. (d)(3)
- Cal. Code Regs., tit. 5, § 3082(c)(2)
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. 2015010790 v. ORDER DENYING MOTION TO
COMPEL PRODUCTION OF
COMPTON UNIFIED SCHOOL DOCUMENTS
DISTRICT.
On January 21, 2015, Parent on behalf of Student filed a Request for Due Process Hearing, naming Compton Unified School District and Los Angeles County Office of Education. Subsequently, Student and LACOE entered into a settlement agreement, resulting in LACOE being dismissed from the present action on April 7, 2015.
On April 27, 2015, District filed a motion to compel production of the settlement agreement between Student and LACOE. No opposition has been received. Neither the IDEA nor California law provides for prehearing discovery in a due process hearing. Rather, a party to a due process hearing has the right to present evidence and compel the attendance of witnesses at the hearing. (20 U.S.C. § 1415(h)(2); Ed. Code, § 56506,subd. (d)(2) and (3).)
In special education hearings in California, hearing officers have the right to issue subpoenas (for witnesses to appear and give testimony) and subpoenas duces tecum (for production of documents upon a showing of reasonable necessity by a party). (Cal. Code of Regs., tit. 5, § 3082(c)(2).)
Accordingly, District’s motion to compel production of the agreement is denied.
DATE: May 03, 2015
/ S/
COLE DALTON
Administrative Law Judge Office of Administrative Hearings