California OAH special education order · September 25, 2015
Order Granting District's Motion to Reopen Testimony and Continuing the Hearing Until October 9, 2015
OAH Case No. 2015040532 · ALJ Robert Helfand
OAH reopened testimony so District could call a program specialist as a rebuttal witness, finding good cause because she was unavailable on Yom Kippur. Student did not object if she appeared in person.
This case went to decision
Student v. Manhattan Beach Unified School District: Federal court vacated ALJ decision ordering Manhattan Beach Unified to make autism primary eligibility, fund a 1:1 ABA aide, and reimburse $4,190. (2015)
Summary
After four hearing days, District asked to reopen testimony so it could call program specialist Lynn Johnson as a rebuttal witness. She had been unavailable on the last hearing day, September 23, 2015, because District schools were closed for Yom Kippur. Student did not oppose, as long as Ms. Johnson appeared in person. OAH found good cause, granted the motion, required her personal appearance, and continued the hearing to October 9, 2015, when the parties would also discuss a new closing brief schedule.
Why it matters
A party can get the record reopened for a rebuttal witness who was unavailable for a good reason, such as a religious holiday. The other side can agree on conditions, like requiring the witness to testify in person rather than remotely.
People named in the order
- Lynn Johnson, Program specialist; District rebuttal witness
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2015040532 v. ORDER GRANTING DISTRICT’S
MOTION TO REOPEN TESTIMONY
MANHATTAN BEACH UNIFIED AND CONTINUING THE HEARING
SCHOOL DISTRICT. UNTIL OCTOBER 9, 2015
This matter came on for Due Process Hearing on September 15, 16, 22, and 23, 2015.
On September 23, 2015, District schools were closed due to the Jewish holiday of Yom Kippur. District attempted to contact Lynn Johnson, a program specialist, to testify as a rebuttal witness, but Ms. Johnson was unavailable due to the religious holiday.
On September 24, 2015, District filed a motion to reopen testimony for the purpose of calling Ms. Johnson as a rebuttal witness. On September 25, 2015, Student filed a response to District’s motion. Student did not oppose District’s motion as long as Ms. Johnson appears personally.
Good cause being demonstrated, District’s motion is GRANTED. Ms. Johnson shall appear personally. The hearing will be continued until Friday, October 9, 2015, at 10:30 a.m. at the offices of the District at 325 South Peck Avenue, Manhattan Beach, CA 90266.
On October 9, 2015, the parties should be prepared to discuss a new closing brief schedule.
DATE: September 25, 2015
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings