California OAH special education order · May 15, 2023
Order Denying Request to Reopen Administrative Record
OAH Case No. 2023030998 · ALJ Cararea Lucier
OAH refused to reopen the closed hearing record so Parent could cross-examine witnesses she missed. Parent gave no sworn declaration or medical proof that a medical emergency kept her from attending the video hearing.
This case went to decision
Central Unified School District v. Student: Central Unified may not implement 11th grader's February–March 2023 IEP without parent consent after ALJ finds multiple FAPE denials. (2023)
Summary
Parent attended the first two days of Central's due process hearing. On the final day she left a voicemail and sent emails saying she had a medical emergency, and Central finished its witnesses and the record closed. Parent later asked OAH to reopen the record so she could cross-examine those witnesses, and Central opposed. OAH denied the request for lack of good cause, for four reasons: there was no declaration or medical documentation; Parent was making calls and sending emails all day, so she could have joined the video hearing by phone; recalling released witnesses, one of whom appeared only under subpoena, would be burdensome and cumulative; and Student did not carry the burden of proof.
Why it matters
A parent who must miss a hearing day for a medical emergency should file a written request with OAH right away and back it up with a sworn declaration and medical records. Simply calling or emailing may not be enough to get the record reopened later.
Key authority cited
- Ed. Code § 56505(e)(3)
People named in the order
- Dr. James Horspool, District witness (appeared under subpoena)
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:
CENTRAL UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2023030998
ORDER DENYING REQUEST TO REOPEN ADMINISTRATIVE
RECORD
MAY 15, 2023
On March 28, 2023, Central Unified School District filed a Request for Due Process Hearing, called a complaint, with the Office of Administrative Hearings, naming Parent on behalf of Student. The Office of Administrative Hearings is called OAH. On April 5, 2023, Central filed a motion to amend and amended complaint, which OAH granted on April 6, 2023, setting hearing days of May 2, 2023, through May 4, 2023.
OAH held a due process hearing in this matter on May 2, 3, and 4, 2023. Central participated on all hearing days. Parent participated in the hearing on May 2 and 3,
2023. On May 4, 2023, Parent left a voicemail on the OAH telephone line stating she
would not attend the hearing due to a medical emergency. Parent also emailed Central’s attorney several times on May 4, 2023, explaining that she was having a medical emergency. Parent did not file any motions or written requests with OAH.
Central called its final witnesses, who were released at the conclusion of their testimony.
All documentary evidence was reviewed, stamped, and admitted. The due process hearing concluded at the end of the day on May 4, 2023, the matter submitted, and the administrative record closed. The matter was continued to June 5, 2023, for written closing briefs.
On May 9 and 10, 2023, Parent filed a written request to reopen the administrative record so Parent could cross-examine witnesses who testified and were released on May 4, 2023. Central opposed the motion.
Student’s motion to reopen the administrative record is denied as Student failed to establish good cause. Central finished examining its witnesses on May 4, 2023, and rested its case. Parent now requests to reopen the administrative record so that Parent can hear the testimony of several Central witnesses and cross-examine them. A party to a due process hearing has the right to confront and cross-examine witnesses. (Ed. Code 56505(e)(3).) However, Parent did not support her motion with a sworn declaration or medical documentation showing she was incapacitated or otherwise medically unable to participate in the videoconference due process hearing. Parent made phone calls and wrote emails throughout the day on May 4, 2023. She did not establish that she could not use her phone to observe and participate in the video hearing.
Additionally, the equities do not support reopening the evidentiary record in this matter. The witnesses have been dismissed. One of the witnesses, Dr. James Horspool, appeared reluctantly and only pursuant to a subpoena. It would be burdensome to the witnesses, Central, and OAH to reopen the evidentiary testimony. The process would necessarily involve repeated testimony by the witnesses, amounting to cumulative evidence and a lack of judicial economy. Finally, any prejudice to Student is mitigated by the fact that Student did not have the burden of proof in this matter, and Student did not intend to call any witnesses in this matter, other than Parent, who testified on May 2, 2023.
ORDER
Student’s motion to reopen the administrative record is denied.
Cararea Lucier Administrative Law Judge Office of Administrative Hearings