California OAH special education order · June 23, 2020
Order Continuing Due Process Hearing and Setting Briefing Schedule for Student's Motion to Recuse Administrative Law Judge
OAH Case No. 2020010514 · ALJ Robert G. Martin
OAH paused a hearing already underway and set briefing on Student's request to recuse the ALJ. Parents had recalled that the same ALJ mediated a prior case between the same parties.
This case went to decision
Student v. Palos Verdes Peninsula Unified School District: Palos Verdes Peninsula Unified wins on all four claims: child find, assessments, two IEP offers, and parent participation. (2020)
Summary
On the first day of hearing, the ALJ ruled on the record that the parties' tolling agreement could not extend the two-year statute of limitations. That ruling barred Student's claims based on Palos Verdes' acts or omissions before January 16, 2018. Student then asked the ALJ to recuse himself because he had mediated a 2019 case between the same parties involving some of the same claims, though counsel and the ALJ said they did not remember that mediation. The ALJ vacated the June 24–25 hearing dates, continued the hearing to July 7–9, 2020, and set deadlines for briefs on the recusal motion, which will be addressed when the hearing resumes.
Why it matters
Families should not count on a private tolling agreement with a district to preserve older special education claims: this ALJ held such an agreement cannot extend the two-year IDEA/Education Code limitations period. Parents should also tell counsel early if the assigned ALJ previously mediated their case.
Key authority cited
- 20 U.S.C. § 1415(f)(3)(C)
- Ed. Code § 56505, subd. (l)
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.
PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020010514
ORDER CONTINUING DUE PROCESS HEARING AND
SETTING BRIEFING SCHEDULE FOR STUDENT’S MOTION
TO RECUSE ADMINISTRATIVE LAW JUDGE
JUNE 23, 2020
On January 16, 2020, Student filed his due process request, referred to as the complaint, naming Palos Verdes Peninsula Unified School District, referred to as Palos Verdes. The hearing by videoconference of Student’s complaint commenced on June 23, 2020. Before the start of testimony, and prior to any recess of the hearing, the Administrative Law Judge, referred to as an ALJ, heard oral argument on the issue of whether a tolling agreement between the parties could extend the two-year statute of limitations generally applicable to special education matters pursuant to Title 20, United States Code section 1415(f)(3)(C), and Education Code section 56505, subd. (l). For reasons stated on the record, the ALJ ruled that the parties’ tolling agreement could not extend the statute of limitations, which barred those of Student’s claims that arose from alleged acts or omissions of Palos Verdes occurring before January 16, 2018.
After a short recess following the ALJ’s ruling, Student requested the ALJ recuse himself from the hearing on grounds the ALJ had mediated on March 19, 2019, a prior case involving the same parties and some of the claims at issue in this proceeding, OAH Case Number 2018110392. Student’s counsel, Palos Verdes’ counsel, and the ALJ stated on the record they had not recalled the prior mediation, and had no recollection of any of the conversations that took place during the mediation. Student’s counsel explained Parents had recalled the mediation and brought it to the attention of Student’s counsel during the hearing recess.
On the record, the ALJ vacated the existing hearing dates and continued the hearing, and scheduled briefing of Student’s motion to recuse the ALJ, as follows:
DUE PROCESS HEARING
The existing June 24 and 25, 2020 hearing dates are vacated, and the hearing is continued to July 7 through 9, 2020, from 9:30 AM to 3:30 PM, unless otherwise ordered. Additional hearing dates will be discussed with the ALJ during the hearing.
STUDENT’S MOTION TO RECUSE
Student’s brief on his motion to recuse must be filed no later than 5:00 PM on June 30, 2020. Palos Verdes’ response to Student’s motion must be filed no later than 5:00 PM on July 3, 2020. Student’s motion will be addressed at the hearing on July 7, 2020, unless otherwise ordered.
IT IS SO ORDERED.
Robert G. Martin Administrative Law Judge Office of Administrative Hearings