California OAH special education order · November 15, 2021
Order Granting Student's Request for Order Directing Enterprise Elementary School District to Comply With Prehearing Conference Order
OAH Case No. 2021040393, 2021020664 · ALJ Cynthia Fritz
OAH ordered Enterprise to upload a table of contents and exhibit cover sheets to CaseLines the same day, as the prehearing conference order required, after Enterprise admitted it had not done so.
This case went to decision
Student v. Enterprise Elementary School District (consolidated): Enterprise Elementary must fund 104 hours of in-home services and a health IEE after its virtual-only offer denied FAPE. (2022)
Summary
Student asked OAH to order Enterprise to follow the August 27, 2021 prehearing conference order by adding cover sheets to each exhibit and a table of contents in CaseLines. Student's counsel said that without them she could not tell where each printed exhibit began and ended, and could not meet and confer about exhibits. Enterprise did not oppose the request and admitted it had not uploaded them, though it noted that CaseLines bookmarks each exhibit automatically. OAH granted the request, ordered Enterprise to upload the materials on November 15, 2021, and told the parties that all witnesses must use CaseLines when testifying, with no paper exhibits unless there are exigent circumstances.
Why it matters
Exhibit-formatting rules in a prehearing conference order are enforceable, and a party can ask OAH to make the other side comply when sloppy exhibits get in the way of hearing preparation. Parties should also make sure every witness is registered on CaseLines, because paper exhibits generally will not be allowed during testimony.
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 CONSOLIDATED MATTERS OF:
PARENT ON BEHALF OF STUDENT,
and
ENTERPRISE ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2021040393
OAH CASE NUMBER 2021020664
ORDER GRANTING STUDENT'S REQUEST FOR ORDER
DIRECTING ENTERPRISE ELEMENTARY SCHOOL DISTRICT
TO COMPLY WITH PREHEARING CONFERENCE ORDER
NOVEMBER 15, 2021
On November 10, 2021, Student filed a motion requesting the Office of Administrative Hearings order Enterprise Elementary School District, called Enterprise, to comply with the August 27, 2021 prehearing conference order. Specifically, Student is requesting that Enterprise include cover sheets with each exhibit filed with CaseLines, and a table of contents, as directed in the order. Because of Enterprise's failure to include a table of contents and cover sheets for the exhibits, Student's counsel argues that she is unable to figure out where each exhibit begins and ends when it is printed out and is unable to meet and confer regarding exhibit related issues.
On November 12, 2021, Enterprise filed non-opposition to Student's request that it comply with the prehearing conference order stating that it did not upload a table of contents or cover sheets for its exhibits in CaseLines. However, Enterprise correctly pointed out that CaseLines automatically bookmarks each exhibit. Regardless, Enterprise's counsel sent Student's counsel the exhibits with the cover sheets but represented that Student's counsel is concerned that it will not align with the CaseLines paginated exhibits that she has sent out to witnesses.
Accordingly, Enterprise is ordered to upload its table of contents and its exhibits to include cover sheets on November 15, 2021. CaseLines will be unlocked immediately so that Enterprise can abide by this order. Enterprise must contact the Office of Administrative Hearings immediately should it have problems uploading the exhibits.
Further, the parties are on notice that all witnesses are required to use CaseLines when testifying. Thus, the parties must forward their CaseLines link to witnesses, and the witnesses must register and have access to CaseLines for their testimony. No paper exhibits will be used during witness testimony absent exigent circumstances.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings