California OAH special education order · April 21, 2017
Order Denying San Lorenzo Unified School District's Request for Reconsideration as Moot
OAH Case No. 2017020663 · ALJ Rita Defilippis
OAH denied San Lorenzo's motion to reconsider letting Parent testify by phone as moot, because Student's amended complaint reset all timelines and issues for a new prehearing conference.
Summary
After a prehearing conference order allowed Parent to testify by telephone at the due process hearing, San Lorenzo asked OAH to reconsider that ruling. Before OAH decided the motion, Student was allowed to amend the due process complaint. The amendment reset all timelines, so OAH denied the reconsideration motion as moot. All issues, including telephone testimony, will be taken up at the rescheduled prehearing conference.
Why it matters
An amended complaint restarts the case timelines and can wipe out earlier prehearing rulings. Parties may need to raise issues like remote testimony again at the new prehearing conference.
People named in the order
- Charles Marson, Administrative Law Judge (granted motion to amend)
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. 2017020663 v. ORDER DENYING SAN LORENZO
UNIFIED SCHOOL DISTRICT’S
SAN LORENZO UNIFIED SCHOOL REQUEST FOR RECONSIDERATION
DISTRICT. AS MOOT
On April 17, 2017, the undersigned administrative law judge issued an order following prehearing conference which included an order granting Parent’s request to testify by telephone at the due process hearing. On April 18, 2017, Student filed a motion to file an amended request for due process. On April 19, 2017 San Lorenzo filed a motion for reconsideration of the order granting Parent’s request to testify by telephone at hearing. On April 21, 2017, Student’s motion to amend his request for due process was granted by Administrative Law Judge Charles Marson.
San Lorenzo’s motion for reconsideration of the order granting Parent’s request to testify by telephone at hearing is denied as moot due to the amendment of Student’s complaint. All timelines have been reset and all issues will be discussed at the rescheduled prehearing conference.
ORDER
San Lorenzo’s motion for Reconsideration is denied as moot.
IT IS SO ORDERED.
DATE: April 21, 2017
RITA DEFILIPPIS
Administrative Law Judge Office of Administrative Hearings