California OAH special education order · April 26, 2021
Order of No Action
OAH Case No. 2021020092 · ALJ Cynthia Fritz
OAH took no action on Student's motion to quash Chaffey's records subpoenas because Student's amended complaint and the reset hearing timelines made the subpoenas, issued under the original complaint, moot.
Summary
Chaffey Joint Union High School District issued subpoenas for records held by several of Student's private providers and assessment centers. Student moved to quash them. Student had also moved to amend the complaint, and OAH granted that motion. OAH found the motion to quash moot because the subpoenas were tied to the original complaint, and the prehearing conference and hearing dates had been reset, so OAH took no action.
Why it matters
Filing an amended complaint restarts the hearing timelines and can wipe out subpoenas issued under the original complaint. Parents should expect a district to reissue records subpoenas and be ready to challenge them again.
People named in the order
- Gwennyth Palafox, Private provider, Meaningful Growth (subpoenaed records custodian)
- Perry D. Passaro, Private provider, Anxiety and Depression Center and Psychological and Educational Assessment Center (subpoenaed records custodian)
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:
PARENTS ON BEHALF OF STUDENT,
v.
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2021020092
ORDER OF NO ACTION
APRIL 26, 2021
On April 5, 2021, Chaffey Joint Union High School District issued subpoenas duces tecum on the custodian of records of Gwennyth Palafox at Meaningful Growth, Lindamood Bell Learning Processes, and Perry D. Passaro at Anxiety and Depression Center and Psychological and Educational Assessment Center. On April 21, 2021, Student filed a motion to quash Chaffey Joint Union High School District's subpoena duces tecum.
On April 21, 2021, Student filed a motion to amend the complaint which was granted on April 23, 2021. The motion to quash was directed to the initial complaint.
Filing the amended complaint renders the motion to quash moot because the subpoenas were served pursuant to the originally filed complaint. Additionally, the applicable timelines for the prehearing conference and due process hearing in this matter have been reset which also renders the original subpoenas moot as no hearing is proceeding on the date originally set. Accordingly, no action is taken on the motion.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings