California OAH special education order · March 23, 2017
Order on Closing Briefs
OAH Case No. 2016090418 · ALJ Dena Coggins
OAH directed both parties to address the Supreme Court's new Endrew F. decision in their closing briefs and allowed briefs of up to 30 pages to cover it.
This case went to decision
Student v. San Mateo-Foster City School District: San Mateo-Foster City School District prevails on all claims over a 2014 IEP offering continued Edgewood day treatment placement. (2017)
Summary
After the hearing ended, the ALJ had ordered closing briefs due by close of business on April 6, 2017. On March 22, 2017, the U.S. Supreme Court decided Endrew F. v. Douglas County School District RE-1. On its own motion, OAH ordered the parties to discuss in their closing briefs what effect, if any, that decision has on the issues in this case. Briefs may be up to 30 pages long to cover this and all other issues.
Why it matters
When a major change in the law comes down during a case, ALJs may ask the parties to brief its effect, so advocates should be ready to explain how Endrew F.'s FAPE standard applies to their facts. Parents can use such openings to argue the more demanding Endrew F. standard of educational benefit.
Key authority cited
- Endrew F. v. Douglas County School Dist. RE-1, No. 15-827 (U.S. Mar. 22, 2017)
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. 2016090418 v. ORDER ON CLOSING BRIEFS
SAN MATEO FOSTER CITY SCHOOL
DISTRICT.
On the last day of hearing, the parties were ordered to submit closing briefs no later than the close of business on April 6, 2017. In light of the United States Supreme Court slip opinion in Endrew F., v. Douglas County School District RE-1, No. 15–827, decided on March 22, 2017, the parties’ closing briefs should contain a discussion about what, if any, effect the decision has on the issues raised in this matter. The parties’ closing briefs may be up to 30 pages in length to cover this issue and all other issues to be decided in this case.
IT IS SO ORDERED.
DATE: March 23, 2017
DENA COGGINS
Administrative Law Judge Office of Administrative Hearings