California OAH special education order · September 2, 2022
Order to Produce Subpoenaed Records
OAH Case No. 2022080223 · ALJ Paul H. Kamoroff
OAH ordered the Sacramento Police Department to comply with three District subpoenas for records in an expedited IDEA case, or else file a motion to quash explaining its refusal.
This case went to decision
Sacramento City Unified School District v. Student: Sacramento City Unified may move a tenth grader to a nonpublic school for up to 45 school days after showing substantial risk of injury. (2022)
Summary
Sacramento City Unified School District filed an expedited due process complaint against Parent on behalf of Student, then served three subpoenas on the Sacramento Police Department for records. OAH ordered the police department to comply because the subpoenas were issued in a proceeding under the IDEA and Education Code section 56505. If the police department does not want to comply, it must file a motion to quash for each subpoena giving the legal and factual reasons. The District must serve the order on the police department's custodian of records.
Why it matters
Parties in IDEA due process hearings can subpoena outside agencies such as police departments, and OAH will order compliance. The agency's only way to refuse is a formal motion to quash, so families should expect records like police reports to come into evidence in expedited discipline cases.
Key authority cited
- 20 U.S.C. § 1401 et seq.
- Ed. Code § 56505
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:
SACRAMENTO CITY UNIFIED SCHOOL DISTRICT,
v.
PARENTS ON BEHALF OF STUDENT.
OAH CASE NUMBER 2022080223
ORDER TO PRODUCE SUBPOENAED RECORDS
SEPTEMBER 2, 2022
On August 8, 2022, Sacramento City Unified School District filed a complaint for Expedited Due Process Hearing with the Office of Administrative Hearings, naming Parent on behalf of Student. On August 16, 2022, and August 24, 2022, Sacramento City Unified School District, through its attorney, served a subpoena on the Sacramento Police Department to produce records on August 31, 2022. On August 29, 2022, Sacramento City Unified School District served a third subpoena on Sacramento Police Department to produce records on September 7, 2022.
The subpoenas were issued as part of legal proceeding under the Individuals with Disabilities Education Act, 20 U.S.C. section 1401, et. seq. and California Education Code section 56505, and the Sacramento Police Department is required to comply with the subpoenas. If the Sacramento Police Department does not wish to comply, as per the instructions in the subpoenas, it must file a Motion to Quash for each subpoena that sets forth the legal and factual basis for its refusal to comply with the subpoena.
Sacramento City Unified School District shall serve a copy of this order on the Custodian of Records for the Sacramento Police Department.
IT IS SO ORDERED.
Paul H. Kamoroff (Sep 2, 2022 13:35 PDT)
Paul H Kamoroff Administrative Law Judge Office of Administrative Hearings