California OAH special education order · June 18, 2019
Order Denying Motion for Order to Show Cause
OAH Case No. 2019040749 · ALJ Cynthia Fritz
OAH denied without prejudice Etiwanda's motion to make Student justify calling the superintendent as a witness, finding the issue is better decided at the prehearing conference or at the start of hearing.
Summary
Etiwanda asked OAH for an order to show cause requiring Student to give an offer of proof explaining why Student needed to call Superintendent Shawn Judson as a hearing witness. Student did not respond to the motion. OAH denied it without prejudice because the question is best decided at the prehearing conference or at the beginning of the hearing. Etiwanda may raise it again in its Prehearing Conference Statement or at hearing.
Why it matters
When a district objects to a family calling a high-level administrator as a witness, OAH may decline to rule before the hearing and leave the question to the prehearing conference or the start of hearing. Families should still be ready to explain why that witness is needed.
People named in the order
- Shawn Judson, Etiwanda School District superintendent (proposed 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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2019040749 v. ORDER DENYING MOTION FOR
ORDER TO SHOW CAUSE
ETIWANDA SCHOOL DISTRICT.
On April 17, 2019, Student filed a Due Process Hearing Request with the Office of Administrative Hearings, naming Etiwanda School District.
On May 29, 2019, Etiwanda received Student’s Prehearing Conference Statement which included a witness list for the hearing set to begin June 11, 2019.
On June 3, 2019, Etiwanda filed a Motion for Order to Show Cause, requiring Student to provide an offer of proof as to the necessity of calling Shawn Judson, Etiwanda’s superintendent, at hearing. Student did not respond to Etiwanda’s Motion for Order to Show Cause.
On June 3, 2019, the due process hearing was continued and rescheduled to begin on July 23, 2019.
DISCUSSION
Etiwanda’s Motion for Order to Show Cause is a request best determined as part of the prehearing conference or raised at the beginning of the hearing. Thus, Etiwanda’s motion is denied without prejudice.
ORDER
Etiwanda’s Motion for Order to Show Cause is denied without prejudice, and may be raised in its Prehearing Conference Statement or at the time of hearing.
IT IS SO ORDERED.
DATE: June 18, 2019
CYNTHIA FRITZ
Administrative Law Judge Office of Administrative Hearings