California OAH special education order · August 30, 2022
Notice of No Action Regarding Objections to District's Subpoena Duces Tecum and Order Denying Request to Enforce Compliance
OAH Case No. 2022070072 · ALJ Theresa Ravandi
OAH denied Los Alamitos' request to order Prentice School to comply with a subpoena for records because OAH cannot enforce subpoenas; enforcement requires a contempt order from the Superior Court.
This case went to decision
Student v. Los Alamitos Unified School District: Los Alamitos Unified's May 2022 IEP offered appropriate structured literacy instruction for a student with dyslexia; no specific method required. (2022)
Summary
Los Alamitos issued a subpoena for records to the custodian of records for Prentice School. Prentice objected, and Los Alamitos filed an opposition to those objections and asked OAH to order Prentice to comply. OAH took no action on the objections because no objection or motion to quash had been filed with OAH. OAH denied the request to enforce the subpoena because Los Alamitos cited no authority allowing it, and under Government Code section 11455.20, subpoenas can only be enforced through a contempt order from the Superior Court in the county where the hearing is held.
Why it matters
OAH can issue subpoenas in special education cases but cannot force anyone to obey them. A party facing a non-complying school or provider must go to the Superior Court for a contempt order. Objections to a subpoena are not decided unless someone files a motion with OAH.
Key authority cited
- 20 U.S.C. § 1415(h)
- Ed. Code, § 56505, subd. (e)
- Cal. Code Regs., tit. 5, § 3089
- Cal. Code Regs., tit. 5, § 3082, subd. (c)(2)
- Gov. Code, § 11455.20
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.
LOS ALAMITOS UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2022070072
NOTICE OF NO ACTION REGARDING OBJECTIONS TO
DISTRICT’S SUBPOENA DUCES TECUM AND ORDER
DENYING REQUEST TO ENFORCE COMPLIANCE
AUGUST 30, 2022
On June 24, 2022, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Los Alamitos Unified School District. On August 22, 2022, Los Alamitos filed a copy of a subpoena duces tecum it issued to the Custodian of Records for Prentice School, along with copy of an August 15, 2022 Notice to Consumer sent to Student. On August 29, 2022, Los Alamitos filed an opposition to Prentice’s objections to the subpoena duces tecum. Los Alamitos asserts that it received an objection from Prentice to the subpoena. OAH has not received any objection to the subpoena nor a motion seeking to quash the subpoena duces tecum. As there is no pending motion, OAH will take no action to overrule any objections to the subpoena duces tecum, or to otherwise quash or modify it.
REQUEST TO ORDER PRENTICE TO COMPLY WITH THE SUBPOENA
Los Alamitos requests that OAH order Prentice’s custodian of records to comply with the subpoena duces tecum. Los Alamitos provided no legal authority that permits OAH to make such an order.
A party to a due process hearing under the Individuals with Disabilities in Education Act has the right to present evidence and compel the attendance of witnesses at the hearing. (20 U.S.C. § 1415(h); see also Ed. Code, § 56505, subd. (e).) The provisions of the Administrative Procedures Act governing subpoenas do not apply to special education hearings. ( Cal. Code Regs., tit. 5, § 3089.) However, the hearing officer in a special education due process proceeding may issue subpoenas or subpoenas duces tecum upon a showing of reasonable necessity by a party. (Cal. Code Regs., tit. 5, § 3082, subd. (c)(2).)
A subpoena can be enforced by seeking a contempt order from the Superior Court in the county where the hearing is held. Because obeying a subpoena is required by state law, they cannot be enforced by OAH in the administrative process. (Gov. Code § 11455.20.)
OAH does not have the authority to enforce the subpoena duces tecum issued by Los Alamitos. Accordingly, Los Alamitos’ request for OAH to order the custodian of records for Prentice School to comply with the subpoena duces tecum is denied.
IT IS SO ORDERED.
Theresa Ravandi Administrative Law Judge Office of Administrative Hearings