California OAH special education order · June 21, 2019
Order Following Status Conference; Setting Supplemental Briefing Schedule; and Setting Order to Show Cause Regarding Sanctions
OAH Case No. 2018110119, 2019010133 · ALJ Sabrina Kong
OAH set an order to show cause hearing on sanctions after Aveson's attorney failed to appear at a telephonic status conference, despite the ALJ calling three times and leaving two voicemails.
This case went to decision
Student v. Aveson Global Leadership Academy (consolidated): Aveson Global Leadership Academy must repay $32,613 in nonpublic school tuition and therapy, plus mileage, over child find delays and missing behavior services. (2019)
Summary
Aveson's attorney did not appear at a June 21, 2019 telephonic status conference, even after the ALJ called three times and left two voicemails. OAH set a July 12, 2019 order to show cause hearing on sanctions, with written filings due from Aveson by July 5 and from Student by July 9. OAH also allowed both sides to file supplemental closing briefs by June 28, 2019 on whether Aveson's psycho-educational assessment was appropriate. Aveson's exhibits 6, 8, 9, and 37 were not admitted because Student declined to move them into evidence after choosing not to cross-examine the assessor, Leslie Koh.
Why it matters
Missing a scheduled OAH conference can lead to a sanctions proceeding against the absent attorney. The order also shows that exhibits tied to a witness's testimony can stay out of the record if they are never formally moved into evidence.
People named in the order
- Leslie Koh, Witness who testified about Aveson's psycho-educational assessment
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. 2018110119 v.
AVESON GLOBAL LEADERSHIP
ACADEMY,
AVESON GLOBAL LEADERSHIP OAH Case No. 2019010133
ACADEMY,
ORDER FOLLOWING STATUS
v. CONFERENCE; SETTING
SUPPLEMENTAL BRIEFING
PARENT ON BEHALF OF STUDENT. SCHEDULE; AND SETTING ORDER TO
SHOW CAUSE REGARDING
SANCTIONS
On June 21, 2019, a telephonic status conference was held before Administrative Law Judge Kong, Office of Administrative Hearings. Attorney Mark Woodsmall appeared on Student’s behalf. Attorney Vivian Billups did not appear on Aveson Global Leadership Academy’s behalf. ALJ Kong called Ms. Billups three times, and left two voicemails at her office telephone number. The status conference was recorded.
On June 19, 2019, Student notified OAH that she would not subpoena and cross- examine Leslie Koh. On June 20, 2019, Aveson filed a Unilateral Status Report and requested that the parties be allowed five business days to file three pages of supplemental briefing regarding Student’s challenge to Aveson’s psycho-educational assessment. At the status conference, Student requested the same briefing. In its June 20, 2019 filing, Aveson also requested that OAH admit Aveson’s exhibits 6, 8, 9, 37 (pages 3, 5, 6, 7, and 15; and Student’s exhibit 10) which Ms. Koh testified to under direct examination, but that the parties were waiting to move into evidence after all examination of Ms. Koh had been completed. At the status conference, Mr. Woodsmall informed OAH that Student did not wish to move Aveson’s exhibits 6, 8, 9, 37 (pages 3, 5, 6, 7, and 15) into evidence.
Therefore, those exhibits were therefore not admitted into evidence. Student’s exhibit 10 had been admitted into evidence on May 21, 2019.
At the status conference, ALJ provided the parties an opportunity to file, and serve on all parties, a supplemental closing brief regarding the appropriateness of Aveson’s psycho- educational assessment, Issue 1(c) of the March 29, 2019 Order Following Prehearing Conference. The supplemental closing brief shall be filed and served by June 28, 2019, 9:00 a.m., 12-point font, double spaced, except for footnotes, which shall be single spaced.
ALJ also set a telephonic Order to Show Cause hearing regarding sanctions for Aveson’s counsel’s failure to appear at today’s status conference. This Order to Show Cause hearing shall be set for July 12, 2019 at 10:00 a.m. Aveson may file and serve documents regarding the order to show cause hearing by July 5, 2019. Student may file and serve documents responding to Aveson’s order to show cause hearing by July 9, 2019.
IT IS SO ORDERED.
DATE: June 21, 2019
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings