California OAH special education order · January 9, 2018
Order Following Status Conference
OAH Case No. 2017100459 · ALJ Alexa J. Hohensee
OAH confirmed the January 10, 2018 hearing date after Parent declined continuances for two unavailable witnesses, and ordered Upland Unified to make witness Aaron Dover available to testify.
This case went to decision
Student v. Upland Unified School District: Upland Unified's September 2017 IEP offered FAPE; parent's claims for goals, testing accommodations, transportation, ESY, and OT denied. (2018)
Summary
At a status conference, District reported that one of Student's witnesses was on three-month medical leave and another had left District employment. The ALJ found Parent had made a sufficient offer of proof for the former employee's testimony. The ALJ offered to issue a subpoena for that witness and to grant a short continuance so Parent could serve it or wait for the witness on leave. Parent declined both and chose to proceed as scheduled, so OAH confirmed the hearing date and ordered District to make witness Aaron Dover available at 9:30 a.m. on January 10, 2018.
Why it matters
A district must produce witnesses still under its control, but former employees may need a subpoena. Parents who turn down an offered continuance may have to go to hearing without key witnesses.
People named in the order
- Nora Brooks, Student's witness (on medical leave)
- Rochelle Yatomi, Student's witness, former District employee
- Aaron Dover, Student's witness
- Maria Elena Fletes, Spanish language interpreter
- Jonathan Read, District's attorney
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. 2017100459 v. ORDER FOLLOWING STATUS
CONFERENCE
UPLAND UNIFIED SCHOOL DISTRICT.
On January 8, 2018, a telephonic status conference was held before Administrative Law Judge Alexa J. Hohensee, Office of Administrative Hearings. Parent appeared on behalf of Student. Jonathan Read, Attorney at Law, appeared on behalf of Upland Unified School District. Maria Elena Fletes provided Spanish language interpretation. The status conference was recorded.
Based upon the representations of District’s counsel, Student’s witness Nora Brooks is on a three-month medical leave, and is not expected to be available to testify, in person or telephonically, on the dates currently scheduled for hearing. Parent was offered, and declined, a continuance due to the unavailability of Ms. Brooks.
Student’s witness Rochelle Yatomi has left District employment and is no longer under the reasonable control of District. District forwarded contact information for Ms. Yatomi to Parent on the morning of January 8, 2018, and Parent left a voicemail message for Ms. Yatomi to arrange her appearance at hearing.
Parent’s prior subpoena to Ms. Yatomi was quashed on December 26, 2017, subject to a subsequent offer of proof to the ALJ conducting the hearing. During the status call, Parent made a sufficient offer of proof of the reasonable necessity of Ms. Yatomi’s testimony. The ALJ offered to issue a subpoena for Ms. Yatomi to appear and testify at the due process hearing, and to grant a short continuance to allow Parent sufficient time to serve Ms. Yatomi with the subpoena. Parent declined, and stated that she wanted to proceed on January 10, 2018, as currently scheduled.
District’s counsel represented that arrangements had been made for Student’s witness Aaron Dover to appear and testify at hearing at 9:30 a.m. on January 10, 2018.
Based upon discussion with the parties, the ALJ issues the following order:
ORDER
1. The hearing date, time and location set forth in the PHC order of January 5,
2018 are confirmed.
2. District shall make Aaron Dover available to testify at the due process hearing
at 9:30 a.m. on January 10, 2018, unless the parties agree otherwise.
DATE: January 9, 2018
ALEXA HOHENSEE
Administrative Law Judge Office of Administrative Hearings