SPECIALEDUCATIONDIVISIONSTATEOFCALIFORNIAvs.pdfVIP

BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS SPECIAL EDUCATION DIVISION STATE OF CALIFORNIA In the Matter of: STUDENT, Petitioner, OAH NO. N 2006010061 vs. MURRIETA VALLEY UNIFIED SCHOOL DISTRICT, Respondent. DECISION Administrative Law Judge Peter Paul Castillo, Office of Administrative Hearings, Special Education Division (OAH), State of California, heard this matter in Murrieta, California, on May 15-19, 2006. Ellen Dowd, Attorney at Law, represented the Student. Student was not present during the hearing. Student’s Mother was present during the hearing. Maria E. Gless and Dina Harris, Attorneys at Law, represented the Murrieta Valley Unified School District (District). Zhanna Preston, District’s Special Education Director, was present during the hearing. Jack Clarke, Attorney at Law, was present on May 15, 2006. The record remained open to receive written briefs by 5:00 p.m. on May 31, 2006. OAH received Petitioner’s written brief on May 31, 2006, and the District’s brief on June 1, 2006.1 The record closed on May 31, 2006, and the District’s written brief was not considered for being untimely. 1 While the District’s Proof of Service indicated that the District faxed and mailed its closing brief on May 31, 2006, OAH did not receive the District’s fax until 8:27 a.m. on June 1, 2006. The District provided no explanation as to the lateness of its written brief. 1