California OAH special education order · August 27, 2019
Order Amending Prehearing Conference Orders
OAH Case No. 2019070384 · ALJ Cynthia Fritz
OAH declined to consider Student's oral sanctions motion, ordered San Bruno to file its complaint response within a day, and set expedited written briefing on San Bruno's motion to dismiss.
Summary
At the prehearing conference, Student orally asked for sanctions because San Bruno had not filed a response to the complaint. San Bruno said it had served a prior written notice, and Student's counsel acknowledged receiving it. The ALJ ordered San Bruno to file its response with OAH by August 27, 2019, and said the oral sanctions motion would not be considered; any motion about the response must be filed in writing. The ALJ also ordered San Bruno to file a written motion to dismiss Student's issue one, attaching the prior settlement agreements, and set a short briefing schedule, with rulings to come in the Order Following PHC.
Why it matters
Sanctions requests and motions to dismiss raised orally at a prehearing conference may not be decided on the spot. Parties should be ready to file written motions quickly. Districts that rely on a prior written notice instead of filing a response may be ordered to file one.
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.
SAN BRUNO PARK SCHOOL DISTRICT.
OAH CASE NUMBER 2019070384
ORDER AMENDING PREHEARING CONFERENCE ORDERS
On August 26, 2019, Administrative Law Judge Cynthia Fritz held a telephonic prehearing conference. The Administrative Law Judge will be referred to as an ALJ. The Office of Administrative Hearings will be referred to as OAH.
Joshua Cruz, Attorney at Law, appeared on behalf of Student. Elmore Sterling and Shawn Olson Brown, Attorneys at Law, appeared on behalf of San Bruno.
This order supersedes the ALJ’s oral rulings regarding two issues at the prehearing conference as follows:
SAN BRUNO’S RESPONSE TO COMPLAINT
At the outset of the hearing, Student requested sanctions arguing that San Bruno failed to file a response in this matter. San Bruno represented that it served Student with a prior written notice and Student’s counsel acknowledged receipt of it.
Based upon the information stated at the prehearing conference, San Bruno is ordered to file with OAH its response to Student’s complaint by 5:00 PM on August 27,
2019. Should Student wish to file a motion regarding the response, it must be done in
writing. Any motion is due no later than 12:00 PM on Wednesday, August 28, 2019. San Bruno’s response, if any, is due no later than 12:00 PM on Thursday, August 29, 2019.
Student’s oral motion for sanctions will not be considered.
SAN BRUNO’S MOTION TO DISMISS
San Bruno requested Student’s issue number one, including all subsections, be dismissed because it is outside of OAH’s jurisdiction and based upon prior settlements between the parties.
The briefing schedule is revised as follows: San Bruno is ordered to file its written motion to dismiss by August 28, 2019, at 12:00 PM. San Bruno is ordered to include the settlement agreements at issue in this matter. Student can file a response no later than August 29, 2019, at 12:00 PM.
The parties are on notice that the Order Following PCH will not be issued prior to Friday, August 30, 2019. The undersigned intends to address the forgoing issues in that order.
IT IS SO ORDERED.
DATED: August 27, 2019 Cynthia Fritz Administrative Law Judge Office of Administrative Hearings