California OAH special education order · October 30, 2020
Order for Written Closing Arguments and Order Denying Student's Motion for Rehearing
OAH Case No. 2020090678 · ALJ Rommel P. Cruz
OAH denied Parent's motion for rehearing and request for administrative review because no legal basis was shown and OAH has no internal review process. Rulings made at hearing must be appealed to court.
This case went to decision
Anaheim Elementary School District v. Student: Anaheim Elementary may assess a six-year-old in person without parental consent or conditions, but no physical exam without consent. (2020)
Summary
The District's due process hearing was held October 27 through 29, 2020. On the last day, Parent filed a motion asking for a rehearing and for a 'presiding administrative review' of the hearing. OAH denied the rehearing because Parent gave no legal authority for setting the hearing aside. It denied the review request because OAH has no internal process for reviewing an ALJ's hearing orders; those orders can only be challenged in a court with jurisdiction. The order also set written closing briefs for November 9, 2020, limited to 20 pages, and gave Student until November 2, 2020, to ask for the hearing audio.
Why it matters
Families cannot ask OAH to redo a completed hearing or review an ALJ's rulings internally without legal grounds. The way to challenge hearing rulings is an appeal to court, so parents should track that route and its deadlines.
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:
ANAHEIM ELEMENTARY SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020090678
ORDER FOR WRITTEN CLOSING ARGUMENTS AND ORDER
DENYING STUDENT’S MOTION FOR REHEARING
OCTOBER 30, 2020
On October 27, 28, and 29, 2020, a due process hearing was held where testimony was received and exhibits admitted. Parent attended portions of the hearing, Student did not attend. Anaheim Elementary School District requested to continue the matter to file a written closing argument and the request was granted.
WRITTEN CLOSING ARGUMENTS
Parties shall file written closing arguments no later than 12:00 PM on November 9, 2020, at which time the record will be closed and the matter submitted for decision. Closing briefs will be limited to 20 pages, which do not include tables and indexes, double-spaced, and written using a minimum of 12-point font. Parties may refer to exhibits admitted as marked in Caselines. Assertions by the parties made in their written arguments not supported by testimony or exhibits admitted will not be considered. If Student requires a copy of the audio recording of the hearing, he must submit a written request to the Office of Administrative Hearings no later than 5:00 PM on November 2, 2020.
MOTION FOR REHEARING
On October 29, 2020, Parent on behalf of Student filed a Parents Motion and Request for Rehearing and Request for Presiding Administrative Review. The motion for rehearing is denied for failing to establish a basis, supported by legal authority, to set aside the hearing held on October 27, 28, and 29, 2020. If Student seeks to challenge the orders made at the hearing, he may do so by appealing the orders to a court of competent jurisdiction, not through an internal administrative review with OAH as no such process exists. Accordingly, the request for a presiding administrative review is denied.
IT IS SO ORDERED.
{{sig1_es_:signer1:signature}} Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings