California OAH special education order · March 10, 2017
Order Following Status Conference and Setting March 13, 2017 at 9:30 A.M. as the Final Day of Hearing by Telephone
OAH Case No. 2016110599 · ALJ Sabrina Kong
OAH denied Parent's request to call three District staff as rebuttal witnesses because Student's former attorney had named Parent as the only rebuttal witness, and their testimony would be duplicative or irrelevant.
This case went to decision
Student v. Carlsbad Unified School District: Carlsbad Unified did not deny FAPE; the ALJ found parents' non-cooperation, not the District, delayed nonpublic school placement. (2017)
Summary
After Student's attorney withdrew mid-hearing, the ALJ held a status conference and gave Parent the choice to represent Student or continue the hearing to find a new attorney. Parent chose to represent Student, and the final hearing day was set for March 13, 2017 by telephone. Parent withdrew one witness and asked to call three District employees as rebuttal witnesses. The ALJ denied that request because Student's former attorney had stated on February 23, 2017 that Parent would be Student's only rebuttal witness, and Parent's own explanations showed the testimony would be duplicative or irrelevant.
Why it matters
Statements an attorney makes about witnesses still bind the family after that attorney withdraws. Parents who take over a case mid-hearing should expect to be held to earlier witness designations unless they can show the new testimony is relevant and not repetitive.
People named in the order
- William Pohl, Former attorney for Student (withdrew)
- Vangie Akridge, Witness withdrawn by Student
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. 2016110599 v. ORDER FOLLOWING STATUS
CONFERENCE AND SETTING
CARLSBAD UNIFIED SCHOOL MARCH 13, 2017 AT 9:30 A.M. AS
DISTRICT. THE FINAL DAY OF HEARING BY
TELEPHONE
On March 10, 2017, a status conference was held before Administrative Law Judge Sabrina Kong, Office of Administrative Hearings pursuant to OAH’s March 7, 2017 order granting a hearing continuance and setting a status conference. William Pohl withdrew as Student’s attorney on March 7, 2017 by filing a Notice of Withdrawal with OAH and serving it on Parents. Therefore, Mother appeared on Student’s behalf. Justin Shinnefield, Attorney at Law, appeared on Carlsbad Unified School District’s behalf. The status conference was recorded.
In light of Mr. Pohl’s withdrawal, ALJ provided Mother the option to represent Student in the hearing or continue the hearing to give Student an opportunity to find another attorney. Mother elected to represent Student. The final day of hearing was continued to March 13, 2017 at 9:30 a.m. The parties will participate in the hearing by telephone. OAH will initiate the call. Mother provided a number for OAH to call. District will provide a telephone number to OAH before the time of the hearing.
Mother withdrew Vangie Akridge as a witness. Mother requested that three District personnel be allowed to testify as rebuttal witnesses. ALJ denied the request because on February 23, 2017, Mr. Pohl specifically represented that Mother was the sole rebuttal witness of Student. Further, based on Mother’s explanations, the three rebuttal witnesses’ testimony would be duplicative and/or irrelevant to the hearing issues.
IT IS SO ORDERED.
DATE: March 10, 2017
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings