California OAH special education order · February 5, 2019
Order of No Action Regarding Notice to Present Evidence
OAH Case No. 2019010939 · ALJ Rommel P. Cruz
OAH took no action on Student's second pre-hearing 'Notice to Present Evidence' because evidence and arguments belong at the hearing, and warned Parent that further frivolous filings could bring sanctions.
Summary
Student filed a Notice to Present Evidence, including legal arguments supporting the due process claim. One week earlier, OAH had declined to act on a nearly identical motion. OAH again took no action, explaining that Student can present evidence and written and oral arguments at the hearing or in response to any district motion. OAH warned that more frivolous filings may lead to sanctions against Parent, noting that Parent has filed 13 due process complaints since 2016.
Why it matters
OAH will not decide the merits of a case from evidence or arguments filed before the hearing. Repeatedly filing that kind of request can draw a warning of sanctions, especially against a filer with many prior cases.
Key authority cited
- Ed. Code, § 56505, subd. (e)(2)
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. 2019010939 v. ORDER OF NO ACTION REGARDING
NOTICE TO PRESENT EVIDENCE
ANAHEIM UNION HIGH SCHOOL
DISTRICT.
On January 24, 2019, Parent on behalf of Student filed a Due Process Hearing Request with the Office of Administrative Hearings, naming Anaheim Union High School District. The due process hearing is scheduled to take place on March 19, 20, and 21, 2019.
On January 25, 2019, Student filed a motion to present evidence, including legal arguments in support of Student’s due process claim. On January 30, 2019, OAH issued a Notice of No Action regarding the motion, explaining that Student would have an opportunity to present evidence, written arguments, and oral arguments at the due process hearing, or in response to any motion filed by Anaheim Union. (Ed. Code, § 56505, subd. (e)(2).)
Accordingly, OAH took no action in response to the motion.
On February 5, 2019, Student filed a Notice to Present Evidence, including legal arguments in support of Student’s due process claim. For the same reasons OAH on January 30, 2019, took no action to a similar request, no action is required in response to this request. Any further frivolous filings may lead to an order for sanctions upon Parent. 1
IT IS SO ORDERED.
DATE: February 5, 2019
ROMMEL P. CRUZ
Administrative Law Judge Office of Administrative Hearings It should be noted that since the beginning of 2016, Parent on behalf of Student has filed 13 due process complaints, and should be aware of limitations of requested determinations on the merit before hearing.