California OAH special education order · June 1, 2015
Order Partially Granting Request for Accommodations Under the Americans With Disabilities Act
OAH Case No. 2015030117 · ALJ Margaret Broussard
OAH granted Student extra answer time, a non-courtroom room, and no judicial robe for testimony, but denied written questions and answers and a support person because they would fundamentally alter the proceedings.
This case went to decision
Student v. Santa Clara Unified School District (consolidated): Santa Clara Unified's hybrid academic and vocational IEPs for an adult student with autism offered FAPE; all student claims denied. (2015)
Summary
With his prehearing conference statement, Student asked for disability accommodations under the Americans with Disabilities Act for when he testifies at hearing. Santa Clara Unified School District partly opposed the request. OAH granted additional time to answer, testimony in a room without a courtroom setup, and the ALJ wearing regular clothes instead of a robe. It denied receiving or answering questions in writing and having a trusted person present to help with pacing and understanding, because each would fundamentally alter the nature of the proceedings. It partly denied limiting who could be in the room: parties and counsel may stay at all times, but witnesses are excluded until called.
Why it matters
Parents of students who will testify can ask OAH for ADA accommodations that make the setting less intimidating, such as extra time, a less formal room, and no robe. OAH will likely refuse changes to how questions are asked and answered, such as written questions or answers, or a helper in the room.
Key authority cited
- Americans with Disabilities Act
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. 2015030117 v. ORDER PARTIALLY GRANTING
REQUEST FOR ACCOMMODATIONS
SANTA CLARA UNIFIED SCHOOL UNDER THE AMERICANS WITH
DISTRICT. DISABILITIES ACT
On May 27, 2015, Student filed, with his prehearing conference statement, a request for accommodations under the Americans with Disabilities Act to be made at the hearing when Student is called to testify. Santa Clara Unified School District filed a partial opposition to the request on May 28, 2015. The request was considered and after evaluating the request, the following accommodations are granted:
1. Additional time to answer questions is granted.
2. Student's receipt of questions in writing is denied, as it fundamentally alters the nature of
the proceedings.
3. Presence of a trusted individual during student's testimony to assist in pacing and
understanding of questions is denied, as it fundamentally alters the nature of the proceedings.
4. Allowing student to answer questions in writing is denied, as it fundamentally alters the
nature of the proceedings.
5. Limiting the number of people present during student's testimony to make the environment
less adversarial and threatening is partially denied, as it fundamentally alters the nature of the proceedings. Parties and counsel shall be permitted in the room at all times, however witnesses shall be excluded until they are called.
6. Allowing student to testify in a room without a courtroom setup so the environment is less
adversarial and threatening is granted.
7. Having ALJ wear regular clothing as opposed to a robe so the environment is less
adversarial and threatening is granted.
IT IS SO ORDERED.
DATE: June 1, 2015
/ S/
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings