California OAH special education order · May 18, 2015

Order Denying Student's Motion to Permit Televising and/or Recording of the Due Process Hearing

OAH Case No. 2015050300 · ALJ Robert Helfand

OAH denied Student's motion to televise and record the due process hearing as moot because no media outlet had asked to broadcast or record it. The hearing remains open to the public and media.

Denied Other orders

This case went to decision

Student v. Los Alamitos Unified School District: Los Alamitos Unified must fund an independent functional behavior assessment and behavior plan; Student's other claims were denied. (2015)

Summary

Student asked OAH to open the due process hearing to the public, allow it to be televised, permit video and audio taping, and let media attend throughout. Los Alamitos did not oppose opening the hearing to the public and media. It did oppose televising and taping, and it argued Student lacked standing to bring the motion. Applying California Rule of Court 1.150, which leaves media coverage to the judge's discretion, OAH found the motion moot because Student showed no one actually wanted to broadcast or record the hearing. Any media entity wishing to do so may file its own motion, and media may attend like any other member of the public because Student chose an open hearing.

Why it matters

Parents can open a due process hearing to the public and press, but a request to broadcast or record it should come from, or be backed by, a media outlet that actually plans to do so. Otherwise OAH may deny it as moot.

Key authority cited

Cal. Rules of Court, rule 1.150

Topics

open hearing media coverage recording televising mootness

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. 2015050300 v. ORDER DENYING STUDENT’S

MOTION TO PERMIT TELEVISING

LOS ALAMITOS UNIFIED SCHOOL AND/OR RECORDING OF THE DUE

DISTRICT. PROCESS HEARING

On May 1, 2015, Parents on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing naming the Los Alamitos Unified School District.

On May 1, 2015, Student filed with OAH a motion to allow television and media to attend the due processing hearing. Student seeks to have the hearing open to the public, permit televising of the hearing itself, permit video and audio taping of the hearing, and to permit members of the media to be attendance throughout the hearing.

On May 6, 2015, Los Alamitos filed with OAH a partial opposition to Student’s motion. Los Alamitos does not oppose the opening of the hearing to the public including media. It does oppose the televising and taping of the hearing. Additionally, Los Alamitos contends that the Student does not have standing to bring the motion.

California Rule of Court 1.150 permits a court to permit photographing, recording or broadcasting of court proceedings in the discretion of the trial judge. The rule does not create a presumption for or against granting such permission. The judge has discretion to “permit, refuse, limit or terminate media coverage.”

Student has failed to demonstrate that anyone desires to broadcast, photograph or record the hearing. Thus, the motion is moot. Should any media desire to broadcast, photograph, or record the hearing or any portion of the hearing, then that entity may file with OAH a motion to that effect.

Student has exercised her right to open the hearing to the public. Because the hearing will be open to the public, members of the media are free to attend the hearing in the same manner as any other member of the public.

Accordingly, Student’s motion to permit televising and/or recording of the hearing is