California OAH special education order · July 3, 2017
Order for Supplemental Briefing on Student's Motion to Compel Response and Shift Costs
OAH Case No. 2017050889 · ALJ Darrell Lepkowsky
OAH held off ruling on Student's motion to compel District to respond to the complaint and shift costs, and ordered more briefing after District raised new arguments at the prehearing conference.
Summary
Student moved to compel Carlsbad Unified School District to respond to Student's May 18, 2017 complaint and to shift costs to District. District filed an opposition, and Student filed a reply. At the July 3, 2017 prehearing conference, District raised points it had left out of its written opposition, so OAH ordered supplemental briefing before ruling. District may supplement its opposition by July 6, Student may reply by July 11, and both sides must file sworn declarations supporting their factual claims, plus copies of correspondence about District's response to the complaint.
Why it matters
A party that raises new arguments orally can delay a ruling. Parties seeking or opposing cost-shifting should back up every factual claim with sworn declarations and supporting correspondence.
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2017050889 v. ORDER FOR SUPPLEMENTAL
BRIEFING ON STUDENT’S MOTION
CARLSBAD UNIFIED SCHOOL TO COMPEL RESPONSE AND SHIFT
DISTRICT. COSTS
On June 28, 2017, Student filed a motion to compel Carlsbad Unified School District to respond to Student’s complaint, which Student filed on May 18, 2017. District filed an opposition to Student’s motion on June 30, 2017. Student filed a reply to District’s opposition on July 3, 2017.
At the prehearing conference in this matter, convened on July 3, 2017, District raised several points it failed to include in its opposition. Based on those arguments, additional information is required before a final ruling can be made on the pleadings.
ORDER
1. District may supplement its opposition no later than 5:00 p.m. on July 6, 2017.
2. Student may file a supplemental reply to District’s briefing no later than
5:00 p.m. on July 11, 2017.
3. Each party shall include sworn declarations supporting any factual assertions
included in its briefing, as well as copies of any correspondence between the parties related to District’s response(s) to the issues raised in Student’s complaint.1 DATE: July 3, 2017
DARRELL LEPKOWSKY
Administrative Law Judge Office of Administrative Hearings District filed a motion to consolidate a case it recently filed naming Student, with this case, and to continue the matter. At the prehearing conference held in this matter on July 3, 2017, Student orally agreed to District’s motions. OAH will issue a separate order consolidating and continuing the cases.