California OAH special education order · June 23, 2022
Order Granting Student's Request for Late Filing of Closing Brief
OAH Case No. 2022010022 · ALJ Alexa Hohensee
OAH accepted Student's late closing brief over Fallbrook's objection, after Parent explained that family illness delayed the self-represented parents, and gave Fallbrook until June 30, 2022, to respond.
This case went to decision
Fallbrook Union Elementary School District v. Student: Fallbrook Union Elementary's IEP offered a FAPE; a trained health technician, not a one-to-one nurse, met the student's needs. (2022)
Summary
Student's self-represented parents filed their closing brief three days after the June 20, 2022 deadline. With it they filed a request for permission to file late, supported by a declaration from Student's mother saying several family members had been sick. Fallbrook objected to the late filing. OAH granted the request and gave Fallbrook until 5:00 PM on June 30, 2022, to file a responsive brief, which Student did not oppose.
Why it matters
Self-represented families who miss a closing-brief deadline for a good reason, such as illness, should promptly ask for leave to file late and explain the reason in a declaration. Offering the other side extra time to respond can help the request succeed even if the district objects.
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:
FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2022010022
ORDER GRANTING STUDENT’S REQUEST FOR LATE FILING
OF CLOSING BRIEF
JUNE 23, 2022
On June 23, 2022, Student filed a request for permission to file Student’s closing brief after the deadline of June 20, 2022, accompanied by Student’s closing brief. The declaration of Student’s mother explains that several family members were sick, delaying preparation and filing of the brief by Student’s self-represented parents. Student does not object to Fallbrook Union Elementary School District being granted additional time for its responsive brief. On June 23, 2022, Fallbrook filed an objection to the late filing.
The request for late filing is granted. Fallbrook shall have until 5:00 PM on June 30, 2022, to file a responsive brief.
IT IS SO ORDERED.
Alexa Hohensee Administrative Law Judge Office of Administrative Hearings