California OAH special education order · February 2, 2023
Order Granting Request for Official Notice of Due Process Hearing Decision in Office of Administrative Hearings Case Number 2022020266
OAH Case No. 2022090336 · ALJ Cynthia Fritz
OAH granted Goleta's unopposed request to take official notice of a prior OAH decision between the same parties, because it is a public record covering an overlapping time period.
This case went to decision
Student v. Goleta Union School District: Goleta Union denied FAPE by skipping autism, academic, and social-emotional triennial assessments and predetermining eligibility; staff training and evaluations ordered. (2023)
Summary
Goleta asked OAH to take official notice of the January 3, 2023 decision in an earlier due process case between the same parties. Goleta argued that the facts, issues, and claims in Student's current amended complaint overlap with that decision. Student did not oppose. OAH granted the request because the prior decision is a public record that covers an overlapping period (February 2020 to February 2022, compared with September 2020 to September 2022) and may be relevant here.
Why it matters
When a family files a new complaint that covers time already decided in an earlier hearing, the district can bring the earlier decision into the new case. That decision can then support arguments to narrow or dismiss the overlapping claims.
Key authority cited
- Gov. Code § 11515
- Board of Education of City of Los Angeles v. Watson (1966) 63 Cal.2d 829
- McPheeters v. Board of Medical Examiners (1946) 74 Cal.App.2d 46
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.
GOLETA UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2022090336
ORDER GRANTING REQUEST FOR OFFICIAL NOTICE OF
DUE PROCESS HEARING DECISION IN OFFICE OF
ADMINISTRATIVE HEARINGS CASE NUMBER 2022020266
FEBRUARY 2, 2023
On February 8, 2022, Student filed a request for due process hearing with the Office of Administrative Hearings, called OAH, naming Goleta Union School District, called Goleta, in case number 2022020266. On January 3, 2023, OAH issued a decision in case number 2022020266.
On September 12, 2022, Student filed a request for due process hearing with OAH naming Goleta. OAH granted Student’s request for leave to amend the complaint on October 21, 2022.
On January 25, 2023, Goleta filed a request for judicial notice of OAH decision 2022020266 and to partially dismiss Student’s first amended complaint. Student did not oppose Goleta Union School District’s motion for judicial notice.
Government Code section 11515 provides that “official notice can be taken, either before or after submission of the case for decision …of any fact which may be judicially noticed by the courts of the state.” Courts have traditionally taken judicial notice of public records public records issued by public agencies. (Board of Education of City of Los Angeles v. Watson (1966) 63 Cal. 2d 829, 836, fn.3; McPheeters v. Board of Medical Examiners of State (1946) 74 Cal. App. 2d 46, 48.)
Goleta requests that OAH take official notice of the final decision in OAH case number 2022020266 issued on January 3, 2023. Goleta asserts the facts, issues, and claims in the present matter overlap with the prior decision.
OAH case number 2022020266 involves the same parties as this matter. The period at issue in OAH case number 2022020266 was February 8, 2020, through February 8, 2022. This matter involves the period of September 12, 2020, through September 12, 2022. The due process hearing decision in OAH case number 2022020266 is public record and may have relevance to this case. Thus, Goleta’s request for official notice is granted.
ORDER
Goleta Union School District request for official notice of the due process hearing decision, OAH case number 2022020266, dated January 3, 2023, is granted.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings