California OAH special education order · July 13, 2016
Order for Supplemental Briefing on Motion for Dismissal of Student's Issues 1, 2, and 5
OAH Case No. 2016061182 · ALJ Rebecca Freie
OAH put off ruling on Los Angeles's motion to dismiss three of Student's issues. It ordered both sides to file sworn declarations on who drafted the earlier settlement agreement.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified wrongly denied eligibility to a tenth grader with ADHD and predetermined the outcome; compensatory instruction, IEE, and training ordered. (2016)
Summary
Los Angeles moved to dismiss Student's issues 1, 2, and 5. It argued that waiver language in a February 2, 2016 mediation settlement barred claims about anything that happened before the agreement. Student opposed, pointing to the waiver wording and to the agreement's lack of language under Civil Code section 1542 about unknown claims. The ALJ found she needed more facts before ruling and ordered both parties to file supplemental briefs with sworn declarations within five days, naming the person or persons who drafted the agreement.
Why it matters
When a district says an earlier settlement waived a family's claims, the facts of how the agreement was drafted, including who wrote it, can matter to the ruling. Arguments in an opposition should be backed by sworn declarations, because Student's opposition had none.
Key authority cited
- Civ. Code, § 1542
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. 2016061182 v. ORDER FOR SUPPLEMENTAL
BRIEFING ON MOTION FOR
LOS ANGELES UNIFIED SCHOOL DISMISSAL OF STUDENT’S ISSUES
DISTRICT. 1, 2, AND 5
On July 8, 2016, Los Angeles Unified School District filed a motion asking the Office of Administrative Hearings to dismiss Student’s issues 1, 2, and 5, contained in his request for due process hearing (complaint) filed on June 20, 2016. The basis of Los Angeles’s motion is that Parents and a Los Angeles litigation coordinator executed a settlement agreement on February 2, 2016, during a mediation related to a Los Angeles-filed OAH case, Case No. 2015120682. Los Angeles believes waiver language contained in that settlement agreement prevents Student from raising any claims for acts or omissions allegedly committed by Los Angeles prior to the date of the agreement. Attached to the motion is a declaration by the litigation coordinator who negotiated the February 2, 2016 agreement, and a copy of the agreement.
Student filed an opposition to the motion on July 11, 2016, and argues that the waiver language in the agreement, and the lack of waiver language referencing Civil Code section 1542 relating to unknown claims, allows Student to raise issues 1, 2, and 5. Student’s opposition does not include any declarations. Los Angeles filed a reply to Student’s opposition on July 12, 2016.
In order to properly analyze the motion and the opposition, additional information is required before a ruling may be made on the pleadings. The parties are ordered to submit further briefing containing more specific information concerning the drafting of the agreement on February 2, 2016, especially naming the person or persons who drafted the agreement.
ORDER
Within five days of this order, each party shall file with OAH additional briefing concerning the drafting of the settlement agreement on February 2, 2016, including sworn declarations supporting any factual assertions included in its briefing.
IT IS SO ORDERED.
DATE: July 13, 2016
REBECCA FREIE
Administrative Law Judge Office of Administrative Hearings