California OAH special education order · April 18, 2024
Order Clarifying Issues for Hearing
OAH Case No. 2024020802 · ALJ Laurie Gorsline
OAH clarified three issues for hearing after discussing them with Father and Fremont Union during the first two hearing days: triennial evaluations, an IEP amendment implemented without consent, and parental participation.
This case went to decision
Student v. Fremont Union High School District: Fremont Union High must fund occupational therapy and speech/AAC IEEs and train staff over a records-only triennial and unconsented goal changes. (2024)
Summary
After the hearing began on April 16, 2024, ALJ Laurie Gorsline discussed the issues with the parties on April 16 and 17 to make them clearer. The order restates the issues for hearing. First, whether Fremont Union denied Student a FAPE by failing to conduct appropriate triennial evaluations (psychoeducational, occupational therapy, and speech and language) before the January 31, 2023 IEP meeting. Second, whether it did so by implementing an October 17, 2023 IEP amendment without parental consent. Third, whether it denied parental participation at the January 30, 2024 IEP meeting by not discussing Student's progress.
Why it matters
The ALJ can refine and restate issues even after the hearing starts, and the clarified wording sets the limits of what will be decided. Self-represented parents should make sure the final wording captures every claim they intend to prove.
People named in the order
- Judith Pasewark, Administrative Law Judge (prehearing conference)
- Laurie Gorsline, Administrative Law Judge (due process hearing)
- Melanie Larzul, Attorney for Fremont Union High School District
- Ankita Thakkar, Attorney for Fremont Union High School District
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.
FREMONT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2024020802
ORDER CLARIFYING ISSUES FOR HEARING
APRIL 18, 2024
On April 8 2024, Administrative Law Judge Judith Pasewark, Office of Administrative Hearings, held a prehearing conference by videoconference. The Administrative Law Judge is called an ALJ. The Office of Administrative Hearings is called OAH. The prehearing conference is called a PHC. On April 9, 2024, OAH issued an Order Following Prehearing Conference.
Administrative Law Judge Laurie Gorsline held the due process hearing by videoconference beginning on April 16, 2024. Father appeared on behalf of Student.
Melanie Larzul and Ankita Thakkar, Attorneys at Law, appeared on behalf of Fremont Union High School District.
At the outset of the hearing on April 16, 2024, and again on April 17, 2024, the parties had a discussion with the ALJ to clarify the issues for hearing.
Based upon the discussion with the parties, the ALJ issues the following order clarifying the issues at the due process hearing. A free appropriate education is called a FAPE. An individualized education program is called an IEP.
ISSUES
1. Did Fremont Union deny Student a FAPE by failing to conduct appropriate
three-year review evaluations prior to the January 31, 2023 IEP team meeting, specifically:
A. Failing to conduct an appropriate psychoeducational evaluation? B. Failing to conduct an occupational therapy evaluation prior to the January 31, 2023 IEP team meeting? C. Failing to conduct a speech and language evaluation prior to the January 31, 2023 IEP team meeting?
2. Did Fremont Union deny Student a FAPE by implementing the October
17, 2023 amendment to the January 31, 2023 IEP without parental consent?
3. Did Fremont Union deny Student a FAPE by denying parental participation in
the IEP process at the January 30, 2024 IEP team meeting when it failed to discuss Student’s progress on the January 31, 2023 IEP?
IT IS SO ORDERED.
Laurie Gorsline Administrative Law Judge Office of Administrative Hearings