Order Following Prehearing Conference for Expedited Hearing by Videoconference and Granting Motion for Stay Put

BEFORE THE

OFFICE OF ADMINISTRATIVE HEARINGS

STATE OF CALIFORNIA

IN THE EXPEDITED MATTER OF:

PARENTS ON BEHALF OF STUDENT,

v.

REDONDO BEACH UNIFIED SCHOOL DISTRICT.

OAH CASE NUMBER 2025080206

ORDER FOLLOWING PREHEARING CONFERENCE FOR

EXPEDITED HEARING BY VIDEOCONFERENCE AND

GRANTING MOTION FOR STAY PUT

AUGUST 20, 2025

On August 18, 2025, Administrative Law Judge Robert G. Martin, 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.

Attorney Ronda Chow appeared on behalf of Student. Attorney Sundee Johnson appeared on behalf of Redondo Beach Unified School District, referred to as Redondo Beach. The PHC was recorded. Based upon discussion with the parties, the ALJ issues the following order:

EXPEDITED HEARING DATES, TIMES, AND LOCATION

The hearing will take place on August 26, 27, and 28, 2025, continuing day to day thereafter at the discretion of the ALJ. The hearing shall begin at 9:30 AM each day and generally end at 3:30 PM, unless otherwise ordered. The parties anticipate it will take two to three days to complete the hearing. If needed, additional hearing dates will be discussed with the ALJ during the hearing.

The parties must immediately give potential witnesses the hearing dates, and must subpoena witnesses, if necessary, so they are available to testify. Failing to properly notify or subpoena a witness is not good cause to delay the hearing.

HEARING LOCATION

OAH is authorized to conduct due process hearings by videoconference or telephone. (Cal. Code Regs., tit. 5, § 3082, subd. (g).) OAH will conduct the due process hearing by videoconference using the Zoom application. Unless otherwise ordered, participants are required to appear by videoconference using computer or device with video capability and Zoom.

The parties shall immediately notify all potential witnesses of the hearing dates and shall subpoena witnesses, if necessary, to ensure that the witnesses will appear to testify. A party’s failure to notify or subpoena a witness to testify will not be considered good cause to continue the hearing. Instructions for issuing and responding to subpoenas and optional forms for subpoenas can be found on the website at https://www.dgs.ca.gov/OAH/Case-Types/Special- Education/Forms/Subpoenas?search=special%20education%20subpoena.

EXPEDITED ISSUES AND PROPOSED RESOLUTIONS

The issue at the due process hearing, and proposed resolutions, as alleged in the complaint and clarified by the parties and the ALJ during the PHC are:

1. Did Redondo Beach fail to conduct a manifestation determination review

prior to removing Student from their current school setting for more than 10 school days? A party believing that an issue has been misstated or improperly omitted shall promptly file a notice in writing, before the first day of hearing, stating its concern and referring to supporting portions of the complaint.

PROPOSED RESOLUTIONS

Student’s requested resolutions include a decision finding Student the prevailing party on all of Student’s issues, and an order directing Redondo Beach to provide Student with an appropriate program in the least restrictive environment, reimburse Parent for educational expenses in an amount to be demonstrated at hearing, and fund compensatory education in an amount, type, and duration to be proved at hearing.

Redondo Beach filed its response to Student’s amended complaint on August 15,

2025. (M.C. v. Antelope Valley Union High School Dist. (9th Cir. 2017) 858 F.3d 1189,

1199-1200.)

EXHIBITS

The parties shall serve their exhibits on each other in compliance with Education Code section 56505, subdivision (e)(7). The parties shall upload their exhibits electronically according to the Order Setting Procedures for Filing Exhibits Electronically.

Timely uploading electronic hearing exhibits five business days before the first day of hearing constitutes that party’s timely exchange of evidence in compliance with Education Code section 56505, subdivision (e)(7). If further assistance is needed, please contact OAH at OAHSEOps@dgs.ca.gov.

Except for good cause shown, or unless used solely for rebuttal or impeachment, any exhibit not timely exchanged as required by Education Code section 56505, subdivision (e)(7) shall not be admitted into evidence at the hearing unless the ALJ rules that it is admissible.

IDENTIFYING EXHIBITS AND PAGE NUMBERS

Each exhibit must be identified by a letter and number. Student must use the letter S before the number to identify Student’s exhibits. Redondo Beach must use the letter D, for district, before the number to identify Redondo Beach’s exhibits. For example, S-1 means Student’s exhibit 1 and D-1 means Redondo Beach’s exhibit 1. A cover sheet with this identifying letter and number should be the first page of each exhibit. The electronic evidence program will automatically number the exhibits and additional page numbering or bates stamping should not be added.

CONTENT

Each exhibit must consist of one document. Separate documents may not be combined into one exhibit. Emails or letters may be consolidated into one exhibit if they are part of a single chain of messages. Exhibits should be in chronological order.

Parties should include resumes or curriculum vitae for each witness expected to testify as an expert.

Redondo Beach’s exhibits must include a copy of the school calendar for the 2024-2025, and 2025-2026 school years.

Electronic copies of exhibits filed with OAH shall be filed by 5:00 PM at least five business days before the first day of hearing. Please refer to the General Order OAH issued with the Scheduling Order that contains the Order Setting Procedures for Filing Exhibits Electronically. It includes instructions for how to file exhibits electronically.

Beginning three business days before the hearing, the electronic evidence system will not allow parties to upload exhibits unless permitted by the ALJ during the hearing at the ALJ’s discretion.

WITNESSES

The parties shall serve their list of witnesses on each other in compliance with Education Code section 56505. No party shall be permitted to call any witnesses not timely disclosed except for good cause shown, supported by written declaration under penalty of perjury, and at the discretion of the ALJ.

Parties are responsible for ensuring that all participants are familiar with and follow the Instructions for Joining the Online Due Process Hearing provided with this Order. Participants who have not previously used the Zoom application, may find informative instructions by visiting Getting Started with Zoom at https://support.zoom.us/hc/en-us/categories/200101697.

The parties are responsible for ensuring that witnesses join the virtual hearing room at the designated date and time to testify. Witnesses are required to join the due process hearing by computer and appear by videoconference unless they do not have the necessary computer equipment. If a witness does not have the necessary equipment, the ALJ may permit the witnesses to appear by audio only or by telephone.

“Audio only” means using a computer without video.

The parties are responsible for producing their own witnesses unless otherwise ordered by the ALJ. Parties shall make witnesses under their control reasonably available. The parties must schedule their witnesses to avoid delays in the hearing and to minimize or eliminate the need to call witnesses out of order.

Redondo Beach has agreed to make its current employees available as witnesses without need for subpoena. Redondo Beach is ordered to inform Student by the close of business the day following the parties’ exchange of final witness lists if any witness identified by Student as a Redondo Beach employee is not currently employed by Redondo Beach, and must be subpoenaed to appear at the hearing. Redondo Beach may either agree to accept service of a subpoena for such witnesses, or provide Student with the witness’ most recent contact information.

The ALJ has discretion to limit the number of witnesses, and the time allowed for testimony. Education Code, section 56505.1, subdivision (h), empowers the ALJ to set a reasonable limit on the length of the hearing after consideration of four factors. The first two factors are the issues to be heard and the complexity of facts to be proven. The second two factors are the ability of the parties or their representatives to present their respective cases and the parties’ estimates of the time needed to present their cases.

MEET AND CONFER

The parties are encouraged to review and shorten their witness and exhibit lists before the hearing. Evidence may be excluded if it is repetitive, cumulative, or insufficiently probative to justify the time it would take to hear.

The parties are ordered to meet and confer on August 22, 2025 at 1:00 PM to discuss scheduling witnesses and how much time each witness will take. Student’s attorney shall place the call to Redondo Beach’s attorney to start the meet and confer.

The parties shall discuss any issues related to counsel and witnesses appearing by videoconference for hearing, electronically viewing exhibits during the hearing, and subpoenas, if any. The parties should attempt to eliminate duplicate exhibits from their hearing exhibits. The parties shall discuss whether they can produce a written stipulation as to pertinent facts, contentions, resolutions and the authenticity and admissibility of documents to shorten the length of time needed for the hearing.

PARTICIPANT INFORMATION FORM

Both parties have an ongoing obligation to ensure that OAH has current information on the Participant Information Form filed with OAH and shall file an updated Form as necessary. The Participant Information Form is not served upon the opposing party. The ongoing obligation to ensure that the Participant Information Form filed with OAH is current does not change the parties’ statutory obligation to timely disclose their witnesses to the other party(s) at least five business days prior to hearing.

The parties must file an updated Participant Information Form to inform OAH of any changes, additions, or deletions, including the required information no later than 5:00 PM at least two business days before the first day of hearing.

Any contact information provided shall be used for the limited purpose of issuing subpoenas or for contacting a witness to attend the hearing. No contact information shall be disclosed to any other person.

EVIDENCE PRESENTATION

In an administrative proceeding, the burden of proof is ordinarily on the party requesting the hearing. (Schaffer v. Weast (2005) 546 U.S. 49, 62.) In this case, Student requested the hearing and bears the burden of proof. Student’s case-in-chief shall be presented first, followed by Redondo Beach’s, unless otherwise ordered.

WITNESS SCHEDULE

The parties must provide a joint proposed witness schedule to the ALJ on the first day of hearing. The list should include the first and last name of the witness, the witness’ title, which party is calling the witness to testify, and include dates and time estimates of each witness’s expected testimony. In the event an agreement cannot be reached, each party shall prepare a separate written schedule. Student must have witnesses available in case there is no agreement.

At the beginning of the hearing, the ALJ and the parties will discuss the length of time anticipated for each witness and scheduling issues for individual witnesses. The ALJ will finalize the witness schedule. Parties must be prepared at the end of each day to discuss the witnesses to be presented the next day and the estimated time for the testimony of each witness.

SCOPE OF WITNESS EXAMINATION

Each witness will be called to testify only once, except for rebuttal purposes. All parties must examine a witness on all issues when the witness is first called to testify.

Requiring a witness to appear only once takes priority over the order in which parties present their case-in-chief.

AUDIO ONLY OR TELEPHONIC TESTIMONY

Whether a witness may appear by audio only or telephone instead of videoconference is a matter within the discretion of the ALJ. (Cal. Code Regs., tit. 5, § 3082, subd. (g).) Any party seeking to present a witness by audio only or telephone shall request permission to do so before the hearing. Any party seeking to present a witness who cannot access exhibits electronically must inform the ALJ at the beginning of the hearing.

ELECTRONIC RECORDINGS

AUDIO RECORDING

Student requested permission to make an audio recording of the hearing for their personal note taking purposes. Permission to make an audio recording is subject to the ALJ’s discretion and based upon the following conditions:

1. The OAH recording is the only official recording.

2. The parties shall turn their recording device on and off at the same time

that the ALJ is on and off the record to avoid recording conversations while off the record.

3. Operation of the party’s recording mechanism will not be allowed to delay

the hearing.

4. A party’s recording may not be given, provided, or played to a witness, or

potential witness.

5. The recording is subject to the same confidentiality as the due process

hearing.

6. Participants shall not take screenshots of the videoconference nor share or

publish any portion of the videoconference or audio recording.

Student’s request to make an audio recording of the hearing is granted. Each party’s attorney may make an audio recording of the hearing for personal note-taking purposes, subject to the conditions above.

VIDEO RECORDING

No party, witness, or anyone else may videorecord any part of the proceedings or stream live through any means.

RECORDINGS AS EXHIBITS

Recordings may not be uploaded electronically without the ALJ’s permission. The ALJ has discretion to admit or exclude evidence in the form of a recording. Any request to submit a recording shall be considered at the time of hearing.

The ALJ may grant or deny the request or grant the request subject to certain conditions. The party offering the recording must establish that all or a part of the recording is relevant. The ALJ may request a transcript of the portion of the recording requested or have the party offering the recording to provide an exact identifiable portion of the recording the party seeks to admit. The identities of any person speaking on the portion of the tape being introduced must be established. An ALJ may allow the opposing party to offer additional portions of a recording to establish the context, or to rebut, the recording.

COMPENSATORY EDUCATION OR REIMBURSEMENT

Any party seeking reimbursement for expenditures shall present admissible evidence of these expenditures, or a stipulation to the amount of the expenditures. A party seeking compensatory education should provide evidence regarding the type, amount, duration, and need for any requested compensatory education. Documents offered as evidence to support a request for reimbursement must be separated by vendor.

MOTIONS

STUDENT’S MOTION FOR STAY PUT

On August 5, 2025, Student filed a motion for stay put, requesting an order directing Redondo Beach to implement Student’s Individualized Education Program, called an IEP, dated April 3, 2025, until due process hearing procedures in this case are completed. The expedited hearing in this case is set for August 26, 2025, and the non- expedited hearing is set for September 23, 2025. Student’s motion included a supporting declaration and a copy of the April 3, 2025 IEP bearing Parents’ signed consent. Student’s motion seeks a stay put order that restores Student’s placement to his status quo prior to Redondo Beach’s revocation of an interdistrict permit.

On August 8, 2025, Redondo Beach filed an opposition to Student’s motion for stay put. The parties argued Student’s motion at the PHC. The parties agreed that Torrance Unified School District is Student’s district of residence. Redondo Beach argues it granted Student a one-year inter-district attendance permit to attend school in Redondo Beach for the 2024-2025 school year, only. It argues that on May 5, 2025, it denied Student’s request for a new interdistrict attendance permit for the 2025-2026 school year, and on May 7, 2025, it revoked Student’s existing 2024-2025 interdistrict attendance permit, effective at the end of the 2024-2025 school year, because of Student’s excessive tardies and absences. Redondo Beach argues that Torrance Unified School District is therefore responsible for providing Student a FAPE, and would be responsible for implementing Student’s April 3, 2025 IEP as stay-put.

Until due process hearing procedures are complete, a special education student is entitled to remain in his or her current educational placement, unless the parties agree otherwise. (20 U.S.C. § 1415(j); 34 C.F.R. § 300.518(a) (2006); Ed. Code, § 56505 subd. (d).)

This is referred to as “stay put.” For purposes of stay put, the current educational placement is typically the last agreed upon and implemented individualized educational program, called IEP, placement prior to the dispute arising. (Thomas v. Cincinnati Bd. of Educ. (6th Cir. 1990) 918 F.2d 618, 625.) “The purpose of the “stay put” provision is to strip schools of the “unilateral authority they had traditionally employed to exclude disabled students ... from school” (Johnson ex rel. Johnson v. Special Educ. Hearing Office, State of Cal. (9th Cir. 2002) 287 F. 3d. 1176, 1181.)

In California, “specific educational placement” is defined as “that unique combination of facilities, personnel, location or equipment necessary to provide instructional services to an individual with exceptional needs,” as specified in the IEP.

(Cal. Code Regs. tit. 5, § 3042, subd. (a).)

Student’s complaint alleged both expedited and non-expedited issues. In addition to Student’s expedited issue that Redondo Beach Unified improperly revoked Student’s interdistrict permit in May 2025 after Student manifested behaviors arising from his disability, Student alleges non-expedited issues based on Redondo Beach’s alleged failures during the 2024-2025 school year to:

• fulfill its child find obligation;

• consider the continuum of placement options;

• offer appropriate goals and services in IEPs developed on April 3, 2025 and

June 6, 2025;

• provide parents procedural safeguards and prior written notices; and

• predetermining Student’s placement offers.

Pending the resolution of those allegations, Student is entitled to remain in his IEP placement that was implemented prior to the dispute arising, unless the parties agree otherwise. (20 U.S.C. § 1415(j); 34 C.F.R. § 300.518(a) (2006); Ed. Code, § 56505 subd. (d).)

Although the parties presented no binding precedents, OAH orders considering the issue have uniformly determined that stay put is appropriate to maintain a placement initially procured by an interdistrict transfer that was subsequently revoked.

(See, e.g., Parents on behalf of Student v. Fontana Unified School Dist. (Jan. 3, 2025) ;

OAH Case No. 2024100221; Parents on behalf of Student v. San Diego Unified School Dist. (Sept. 19, 2022) OAH Case No. 2022090282; Student v. Fremont Unified School Dist.

(June 21, 2010) OAH Case No. 2010060312. OAH determinations are not binding precedent, but may be persuasive authority. (Cal. Code Regs., tit. 5, § 3085.) These authorities are persuasive here.

Redondo Beach’s argument that Student seeks to reverse Redondo Beach’s disenrollment based on the revocation of an interdistrict transfers cannot be resolved in motion practice, as it involves factual disputes that must be resolved at hearing. The purpose of stay put is to prevent school districts from unilaterally denying placement to a student while the parties are litigating the issue of placement. (Honig v. Doe (1988)

484 U.S. 305. 326 [108 S.Ct. 592, 98 L.Ed.2d 686].)

Accordingly, Student’s motion for stay put is granted. Student’s request to continue attending his current placement in Redondo Beach, pursuant to his last agreed upon and implemented April 3, 2025 IEP, is granted while this due process matter is pending.

This order does not decide if OAH has jurisdiction to consider the merits of a revocation or denial of an interdistrict transfer.

OTHER PREHEARING MOTIONS

No other prehearing motions are pending or contemplated. Any motion that was not filed three business days before the PHC must be supported by a declaration under penalty of perjury establishing good cause why the motion was not timely filed.

STIPULATIONS

Stipulations to pertinent facts, contentions, resolutions and authenticity and admissibility of documents are encouraged. Any proposed stipulation shall be submitted to the assigned ALJ in writing prior to the start of the hearing.

CONDUCT OF PARTICIPANTS AND HEARING ROOM DECORUM

All participants in the videoconference should observe the same decorum as in an in-person due process hearing. Participants must conduct themselves in a professional and courteous manner at all times. Cellular phones, telephones and computer notifications must be shut off or set to silent during the hearing unless the ALJ grants permission otherwise. Participants should appear from a private location, unless otherwise ordered. Participants should make reasonable efforts to minimize background noise and maintain adequate room lighting. Use of virtual background images are at the discretion of the ALJ. Witnesses are prohibited from reading exhibits, documents, notes, text messages, telephones or computers while testifying, unless permitted to do so by the ALJ. The parties, their representatives and witnesses are prohibited from passing notes to, exchanging electronic messages with, or signaling the witness in any way while the witness is testifying.

LANGUAGE INTERPRETERS AND REASONABLE ACCOMMODATIONS

Neither party requested any accommodation or language interpreter.

A party or participant in this case, such as a witness, requiring reasonable accommodation to participate in a mediation or hearing may contact OAH at (916) 263-0880, or send an email to OAHADA@dgs.ca.gov as soon as the need is known. The e-mail should have “Request for Accommodation” in the Subject Line.

Additional information concerning requests for reasonable accommodation is available on OAH’s website at: https://www.dgs.ca.gov/OAH/Services/Page-Content/Office-of- Administrative-Hearings-Services-List-Folder/Request-Reasonable-Accommodations- for-OAH-Legal-Proceedings.

HEARING CLOSED TO THE PUBLIC

The hearing is closed to the public. Special education hearings are closed to the public unless Student requests the hearing to be open to the public.

SETTLEMENT

The parties are encouraged to continue working together to reach an agreement before the due process hearing. The parties shall inform OAH in writing immediately if they reach a settlement or otherwise resolve the dispute before the scheduled hearing.

In addition, if a settlement is reached within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880. At the same time, the parties should send the signature page of the signed agreement or a letter withdrawing the case to OAH by visiting OAH Secure e-file at https://www.applications.dgs.ca.gov/oah/oahsftweb.

If a full and final written settlement agreement is reached after 4:00 PM the day prior to hearing, the parties shall leave a voicemail message regarding the settlement at (916) 274-6035. The parties should also leave contact information such as cellular phone numbers of each party or counsel for each party.

Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received and processed by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages before the hearing.

If the matter settles subject to board approval, in addition to a signed copy of the signature page of the settlement agreement, the parties shall provide the date of the next board meeting. The hearing dates will not be cancelled without this information.

FAILURE TO COMPLY

The failure to comply with this Order may result in the exclusion of evidence or other sanctions.

ORDER INCLUDES ALL RULINGS

This Order includes all rulings made at the prehearing conference. Any discussion and conversation not referenced in this Order is not binding on the ALJ conducting the hearing and may not be relied upon by the parties. The parties should be aware that, at hearing, the ALJ conducting the hearing has discretion to reconsider any part of this Order.

IT IS SO ORDERED.

Robert G. Martin Administrative Law Judge Office of Administrative Harings