California OAH special education order · May 1, 2017
Order Denying Student's Request to Reopen Hearing and Present Evidence
OAH Case No. 2017010041 · ALJ Peter Paul Castillo
OAH denied Student's requests to reopen a completed hearing and add documents and written testimony, finding Father went to District's main office after the hearing ended, not to the hearing site.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess student without parental consent under its November 2016 comprehensive assessment plan. (2017)
Summary
After Parents skipped a two-day hearing in District's case, Student asked OAH to reopen it. Student claimed District staff stopped Father from attending on the second day. District's staff declarations showed Father went to District's main office, not the hearing location, to see the Superintendent, and arrived hours after the hearing had ended. OAH found no cause to reopen. It also denied Student's motions to submit documents and written testimony into evidence because Parents chose not to attend and showed no good cause, and it treated those documents as Student's closing argument instead.
Why it matters
Families who choose not to attend a scheduled due process hearing generally cannot add evidence or reopen the record afterward without showing good cause. Claims that a district blocked a parent from attending must hold up against sworn declarations about what actually happened.
People named in the order
- Veronica Rosales, Secretary to District's Director for Pupil Services (declarant)
- Cyndy Sharp, Reception, District main office (declarant)
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:
ANAHEIM ELEMENTARY SCHOOL OAH Case No. 2017010041
DISTRICT,
ORDER DENYING STUDENT’S
v. REQUEST TO REOPEN HEARING
AND PRESENT EVIDENCE
PARENT ON BEHALF OF STUDENT.
On April 19, 2017, Student submitted objections to the Office of Administrative Hearings’ April 14, 2017 Prehearing Conference Order, which OAH treated as a request to reopen the Prehearing Conference, as Student asserted that Father’s failure to participate was the fault of OAH. OAH denied Student’s request on April 19, 2017, a reaffirmed that the hearing on this matter would be on April 25 - 27, 2017. On April 21 and 24, 2017, Student filed requests to continue the hearing on various grounds, which OAH denied, and the hearing commenced as scheduled on April 25, 2017, and concluded on April 26, 2017.
Parents did not attend the hearing on either date.
On April 27, 2017, Student filed a motion to reopen the hearing as Father attempted to attend the hearing on April 26, 2017, only to be rebuffed from attending due to the conduct of Anaheim Elementary School District personnel. District filed a response on April 28, 2017.
Student’s motion to reopen the hearing is denied as District established by way of declarations of Veronica Rosales, Secretary to District’s Director for Pupil Services, and Cyndy Sharp, Reception at District’s main office, that Father did not come to the hearing location at Key Learning Center, but went to the District’s main office, wanting to speak with the District Superintendent. Further, Father arrived at the District headquarters in the afternoon of April 26, 2017, several hours after the hearing had already concluded.
Therefore, Student did not establish cause to reopen the hearing as Father never attempted to attend the hearing at the Key Learning Center.
Further, Student filed on April 27 and 28, 2017, motions to present documents and written testimony into evidence. As Parents decided not to participate in the hearing on April 25 and 26, 2017, and Student has not established good cause why Parents did not attend the hearing, Student motions to present documents and written testimony into evidence is denied and the documents presented will be treated as Student’s closing arguments.
Therefore, Student’s request to reopen the hearings and motions to present documents and written testimony into evidence are denied.
IT IS SO ORDERED.
DATE: May 1, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings