California OAH special education order · June 6, 2019
Order Re Post-Hearing Questions and Briefing Schedule
OAH Case No. 2018110712 · ALJ Alexa J. Hohensee
OAH denied Student's request to continue the evidentiary hearing for lack of good cause, but allowed written follow-up questions to the principal, a sworn Parent statement, and set closing-brief deadlines.
This case went to decision
Glendora Unified School District v. Student: Glendora Unified's IEP offers of special education core classes and later home instruction provided a FAPE in the least restrictive environment. (2019)
Summary
Parent did not attend the June 6, 2019 hearing day and asked in writing to continue the evidentiary hearing. The request was denied on the record for lack of good cause. The ALJ instead allowed Student to submit written questions to the Goddard Middle School principal, Ms. Prince. The ALJ will screen the questions for relevance and undue consumption of time, and Ms. Prince's sworn answers will be admitted as testimony. The order also sets closing-brief deadlines and page limits, lets Parent file a sworn narrative statement with up to five exhibits, and lists the District exhibits admitted into evidence.
Why it matters
Even when a continuance is denied, an ALJ may give a parent who missed testimony other ways to make a record, such as written questions to a witness and a sworn statement. Parents should use these options fully and meet the deadlines.
Key authority cited
- Gov. Code, § 11513, subd. (f)
People named in the order
- Ms. Prince, Principal, Goddard Middle School (witness)
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:
GLENDORA UNIFIED SCHOOL OAH Case No. 2018110712
DISTRICT,
ORDER RE POST-HEARING
v. QUESTIONS AND BRIEFING
SCHEDULE
PARENT ON BEHALF OF STUDENT.
On June 6, 2019, Glendora Unified School District rested its case-in-chief. Parent did not attend the hearing on behalf of Student on June 6, 2019, and Student’s June 6, 2016 written request to continue the evidentiary portion of the hearing was denied on the record for failure to establish good cause. However, a continuance was granted for purposes of briefing and post-hearing written questions and responses, as follows.
1. Questions to Ms. Prince. In the written continuance request of June 6, 2019,
Student sought an opportunity to ask questions of Ms. Prince, the principal of Goddard Middle School, that Student was not prepared to ask when Ms. Prince was called to testify on June 4, 2019. Student may submit to OAH in writing additional questions for Ms. Prince on or before 5:00 p.m. on June 12, 2019. The undersigned Administrative Law Judge will review the questions for relevance, and may rephrase questions for clarity. Questions may be excluded if the ALJ determines that the probative value of the response is substantially outweighed by the probability that a written response and admission will necessitate undue consumption of time. (See Govt. Code, § 11513, subd (f).) The ALJ will issue an order determining which questions must be responded to by June 14, 2019. No later than 5:00 p.m.
on June 19, 2019, Glendora shall file with OAH written responses by Ms. Prince under oath to the designated questions. Ms. Prince’s sworn responses will be admitted into the record as testimonial evidence, and may be referenced in the closing briefs.
2. Closing Briefs. Glendora shall file its closing brief no later than 5:00 p.m. on
June 20, 2019. Student shall file his closing brief no later than 5:00 p.m. on June 24, 2019.
Student’s closing brief may be accompanied by a statement under oath by Parent regarding the issues in this matter. Glendora may file a supplemental brief in response to Parent’s sworn statement no later than 5:00 p.m. on June 28, 2019.
The lines of all briefs shall be double spaced. Closing briefs may not exceed 20 pages. Glendora’s supplemental brief may not exceed 10 pages.
Parent’s sworn statement will not be counted in the page limitation for Student’s closing brief. Parent’s sworn statement may be in the form of a narrative, and may include up to five attached documentary exhibits. Any objections to Parent’s sworn statement or attached exhibits must be filed by Glendora in writing concurrently with the supplemental brief, and will be ruled upon by separate order.
3. Admitted Exhibits. The following exhibits were admitted into evidence, and
may be referred to by the parties in their closing briefs: District’s exhibits D-1 through D-70, D-73, D-74, D-76, D-77, D-80, D-81, D-83, D-85, D-86, D-87, D-88 and D-89.
IT IS SO ORDERED.
DATE: June 6, 2019
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings