California OAH special education order · February 5, 2016
Notice of Administrative Law Judge Disqualification and Order Assigning New Administrative Law Judge
OAH Case No. 2015100577 · ALJ Margaret Broussard
The hearing judge disqualified herself mid-hearing after the district's SELPA director sent OAH an improper ex parte communication, and OAH reassigned the case to a new judge.
This case went to decision
Student v. Sacramento City Unified School District: Sacramento City Unified denied FAPE by lacking a behavior plan and missing IEP instruction; behavior assessment ordered, other claims denied. (2016)
Summary
After the first day of Student's due process hearing, the SELPA director for Sacramento City Unified School District sent an improper ex parte communication to OAH. The hearing judge did not know about it when it was sent. Once she was told and reviewed it, she disqualified herself. The Presiding ALJ issued this notice reassigning the case to ALJ Andrea Miles for the hearing set to reconvene on February 9, 2016, when the parties will be heard on the ex parte communication and related issues.
Why it matters
District staff must not contact OAH about a pending case outside the presence of the other party. An improper ex parte communication can force a judge off the case mid-hearing, and parents can ask to be heard on how it affected the proceedings.
People named in the order
- Lisa Lunsford, Administrative Law Judge (disqualified herself)
- Andrea Miles, Administrative Law Judge (newly assigned)
- Becky Bryant, SELPA director for Sacramento City Unified School District, author of the ex parte communication
- Margaret Broussard, Presiding Administrative Law Judge
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. 2015100577 v. NOTICE OF ADMINISTRATIVE LAW
JUDGE DISQUALIFICATION AND
SACRAMENTO CITY UNIFIED SCHOOL ORDER ASSIGNING NEW
DISTRICT. ADMINISTRATIVE LAW JUDGE
On February 2, 2016, Administrative Law Judge Lisa Lunsford heard the first day of hearing in this matter. That same day, an improper ex parte communication was sent to the Office of Administrative Hearings, authored by Becky Bryant, the Special Education Local Plan Area director for Sacramento City Unified School District. ALJ Lunsford was not aware of the communication at the time it was sent. The hearing resumed on February 3,
2016. The morning of February 4, 2016, prior to the commencement of the hearing, ALJ
Lunsford was informed that there was a communication in the case which needed her attention. The matter was continued on the record until February 9, 2016.
After the matter was continued, ALJ Lunsford was given a copy of the improper ex parte communication and the notice regarding the disclosure of the communication, which was served on the parties on February 4, 2016. No action was taken by OAH regarding the allegations contained in the improper ex parte communication. After reviewing the improper ex parte communication, ALJ Lunsford disqualified herself from hearing this matter.
This matter will reconvene on February 9, 2016, and is now assigned to ALJ Andrea Miles. When the matter reconvenes, the parties will be given an opportunity to be heard regarding the ex parte communication and any other issues, which have arisen based upon these circumstances.
IT IS SO ORDERED.
DATE: February 5, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings