California OAH special education order · May 22, 2017
Order Denying Request to Reopen Hearing
OAH Case No. 2017041175, 2017020037 · ALJ Alexa J. Hohensee
OAH denied Student's request to reopen a completed consolidated hearing because the new events raised were outside the issues for hearing and could instead support a new due process complaint.
This case went to decision
Student v. Los Angeles Unified School District (consolidated): Los Angeles Unified's general education STEM magnet offer for an eighth grader with autism upheld; all of the parent's claims denied. (2017)
Summary
After a May 8-10, 2017 consolidated hearing on whether District's May 2016 IEP offered a FAPE, Student asked OAH to reopen the hearing. Student pointed to later events: District allegedly failed to hold a timely IEP meeting for 2017-2018, did not send an assessment plan, and contacted Student's private school during the hearing. OAH denied the request. It found these events were outside the issues in the case and not relevant to the 2016-2017 FAPE questions, though they could be the basis for a new due process request.
Why it matters
A finished hearing will not be reopened to add new claims based on later district conduct. Parents should raise new problems, such as missed annual IEPs or assessment plans, in a new due process complaint.
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017041175 v.
LOS ANGELES UNIFIED SCHOOL
DISTRICT,
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2017020037
DISTRICT,
v.
ORDER DENYING REQUEST TO
PARENT ON BEHALF OF STUDENT. REOPEN HEARING
On May 22, 2017, Student filed a request to reopen the consolidated hearing on the due process hearing requests filed by District naming Student, and by Student naming District. The hearing in these consolidated matters took place on May 8-10, 2017.
Student’s request is based upon events that occurred during and after the consolidated hearing, specifically, that District allegedly: failed to timely hold an individualized education program team meeting and offer an IEP for the upcoming 2017-2018 school year; did not send Parent an assessment plan for assessments for a 2017-2018 IEP; and contacted Student’s private school during the due process hearing for an update on Student’s academic progress.
In these consolidated matters, District’s sole issue was whether District offered Student a free appropriate public education in the IEP of May 26, 2016. Student’s issue was whether a series of procedural and substantive errors in the development of the May 2016 IEP resulted in a denial of FAPE for the 2016-2017 school year.
The events identified in Student’s request to reopen the hearing are outside the scope of issues alleged in Student’s due process hearing request. The alleged actions or omissions of District may be the basis for a new due process hearing request, but they are not relevant to the issues decided in these consolidated matters. Student fails to make a showing that the consolidated hearing should be reopened to address Student’s new claims.
Accordingly, Student’s request to reopen the consolidated hearing is denied.
IT IS SO ORDERED.
DATE: May 22, 2017
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings