California OAH special education order · November 12, 2024
Order Clarifying Issue 9
OAH Case No. 2024010524 · ALJ Laurie Gorsline
ALJ corrected Issue 9 during the hearing to match Student's complaint. As corrected, the issue asks whether Los Angeles Unified predetermined exiting Student from special education before the October 23, 2023 IEP, without parental consent.
This case went to decision
Student v. Los Angeles Unified School District: Los Angeles Unified prevails on all 13 claims by a high-achieving autistic student; missing prior written notice found harmless. (2025)
Summary
Partway through a multi-day due process hearing, the ALJ revisited Issue 9. She acted after discussing it with the parties on November 6, 2024, and reviewing the complaint again. On her own motion, she issued an order correcting Issue 9 so it accurately reflects the complaint. As corrected, the issue is whether Los Angeles Unified denied Student a FAPE by predetermining, before the October 23, 2023 IEP and without parental consent, to exit Student from special education.
Why it matters
The ALJ can correct how an issue is worded even during the hearing so that it matches what the complaint actually alleged. Self-represented parents should check the issue statements closely and raise any mismatch with the ALJ.
People named in the order
- Kara Hatfield, Administrative Law Judge (prehearing conference)
- Laurie Gorsline, Administrative Law Judge (hearing)
- Brian Davenport, Attorney for Los Angeles Unified
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 ANGELES UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2024010524
ORDER CLARIFYING ISSUE 9
NOVEMBER 12, 2024
On January 16, 2024, the Office of Administrative Hearings, called OAH, received a due process hearing request from Parent on behalf of Student, called a complaint, naming Los Angeles Unified School District, called Los Angeles Unified.
On August 19, 2024, Administrative Law Judge Kara Hatfield held a prehearing conference by videoconference. On August 20. 2024, OAH issued an Order Following Prehearing Conference.
Administrative Law Judge Laurie Gorsline, called the ALJ, heard this matter by videoconference on September 17, 18, 20, 24, 25, and November 5, 6 and 7, 2024.
Parent represented Student. Attorney Brian Davenport represented Los Angeles Unified.
On September 19, 2024, the ALJ issued an Order Clarifying Issues for Hearing.
Based upon the discussion with the parties on November 6, 2024, and the Administrative Law Judge’s further review of the complaint, the ALJ issues the following order correcting Issue 9 to accurately reflect the issue stated in the complaint. A free appropriate education is called a FAPE. An individualized education program is called an IEP.
ISSUE 9
9. Did Los Angeles Unified deny Student a FAPE by predetermining to exit
Student from special education prior to the October 23, 2023 IEP, without parental consent?
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings