California OAH special education order · September 27, 2019
Order for Briefing From the Parties Regarding Remedies
OAH Case No. 2017120979 · ALJ Sabrina Kong
OAH found Student did not show that more evidence was needed on a federal court's partial remand, and ordered both parties to file briefs limited to remedies.
This case went to decision
Student v. Alta Loma School District: Alta Loma School District's 84-day delay in filing over a visual processing IEE denied FAPE; only a staff memo ordered. (2019)
Summary
A federal District Court partially remanded the case to OAH on July 18, 2019, and the parties filed trial briefs on whether more evidentiary proceedings were needed. After reading the briefs, the ALJ found Student had not shown that further evidence was required. Student also had not explained why the evidence was not introduced at the earlier administrative hearing. The ALJ ordered both parties to file remedies briefs of no more than 15 pages, citing every place in the OAH and District Court records where Student asked for a specific remedy other than the independent educational evaluation he already received, with the cited pages attached and underlined; the order states the deadline as 9:00 a.m. on October 13, 2018.
Why it matters
When a court sends a case back to OAH, a parent who wants a new evidentiary hearing must show why more evidence is needed and why it was not presented the first time. Remedies requests also need to be clearly documented in the existing record.
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,
v.
ALTA LOMA SCHOOL DISTRICT.
OAH CASE NUMBER 2017120979
ORDER FOR BRIEFING FROM THE PARTIES REGARDING REMEDIES
On September 9, 2019, the Office of Administrative Hearings ordered Student to file his trial brief by September 13, 2019, and Alta Loma School District to file its response trial brief by September 19, 2019. The Office of Administrative Hearings will be referred to as OAH. Alta Loma School District will be referred to as Alta Loma.
The parties timely filed their trial briefs. After reviewing the trial briefs, Administrative Law Judge, determined that Student did not establish that further evidentiary proceedings are required to address the District Court’s July 18, 2019 partial remand, or why Student did not introduce the evidence in the prior administrative hearing. Administrative Law Judge will be referred to as ALJ.
ALJ hereby orders the parties to file trial briefs addressing the sole issue of remedies. This Remedies Brief shall cite to all instances in OAH’s record and the District’s Court’s record where Student requests a specific remedy other than his request for an independent educational evaluation that Student already received. This Remedies Brief shall cite to the source, the page and line of the relevant sentence referencing the remedy, and a copy of the page with the referenced citation underlined. For example,
1. OAH hearing transcript, p. 10, lines 2-6: The p. 10, lines 2-6, is attached as
Exhibit 1 to this Remedies Brief.
2. District Court transcript, p. 5, lines 1-8: The p. 5, lines 1-8, is attached as
Exhibit 2 to this Remedies Brief.
The parties shall file with OAH and serve a Remedies Brief no later than 9:00 a.m.
on October 13, 2018. Each of the briefs shall be no longer than fifteen pages each, double-spaced, twelve-point font, excluding the table of contents.
DATED: September 27, 2019 Sabrina Kong Administrative Law Judge Office of Administrative Hearings