California OAH special education order · July 20, 2017

Order Directing Counsel for Los Altos School District to Appear at Telephonic Hearing on Order to Show Cause

OAH Case No. 2017051355 · ALJ Penelope S. Pahl

OAH required Los Altos School District's counsel to attend the telephonic order to show cause hearing against Student's counsel, finding both sides' attorneys necessary to properly conduct that hearing.

This case went to decision

Student v. Los Altos School District: Los Altos School District wins on all claims; second grader with private autism and ADHD diagnoses found not eligible. (2017)

Summary

On July 18, 2017, OAH issued an order to show cause directed to Student's counsel. That order let District's counsel choose whether to appear. On its own reconsideration, the ALJ decided that counsel for both sides were needed for the hearing to run properly. The ALJ ordered District's counsel to appear at the 1:00 p.m. telephonic hearing on July 21, 2017.

Why it matters

Even when an order to show cause targets only one side's attorney, OAH may require the other side's counsel to take part. Both parties should be ready to appear and respond.

Topics

order to show cause attorney conduct telephonic hearing attendance required reconsideration on own motion

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. 2017051355 v. ORDER DIRECTING COUNSEL FOR

LOS ALTOS SCHOOL DISTRICT TO

LOS ALTOS SCHOOL DISTRICT. APPEAR AT TELEPHONIC HEARING

ON ORDER TO SHOW CAUSE

On July 18, 2017, an Order to Show Cause was directed to counsel for Student in this matter. Counsel for District was given the option of choosing whether to appear or not. In reconsidering that aspect of the order, the undersigned has determined that counsel for both sides are necessary to the proper conduct of the hearing. Counsel for Los Altos School District is hereby ordered to appear for the 1:00 p.m. telephonic hearing on Friday, July 21, 2017.

IT IS SO ORDERED.

DATE: July 20, 2017

PENELOPE S. PAHL

Administrative Law Judge Office of Administrative Hearings