C. L. v. Lucia Mar School District

Filing 51

MINUTES: (In Chambers:) PLAINTIFF'S MOTION FOR LEAVE TO SUBMIT ADDITIONAL EVIDENCE 37 38 , filed August 12, 2013, and Docket 39 , filed August 13, 2013): In accordance with the foregoing, plaintiffs motion to submit additional evidence contained in Exhibits A through I is GRANTED. However, defendant may renew its objections at the time of trial in this matter IT IS SO ORDERED by Judge Christina A. Snyder. (ir)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

‘O’

CIVIL MINUTES - GENERAL
Case No.

CV 12-9713 (CAS) (PJWx)

Title

C.L. V. LUCIA MAR SCHOOL DISTRICT

Present: The Honorable

Date

August 30, 2013

Not Present
Court Reporter / Recorder

N/A
Tape No.

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk
Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In Chambers:) PLAINTIFF’S MOTION FOR LEAVE TO
SUBMIT ADDITIONAL EVIDENCE (Docket #’s 37 and 38, filed
August 12, 2013, and Docket #39, filed August 13, 2013)

The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of September 9, 2013, is
vacated, and the matter is hereby taken under submission.
On December 14, 2011, plaintiff C.L., a minor, filed a request for a due process
hearing with the California Office of Administrative Hearings (“OAH”), alleging that the
minor was denied a free appropriate public education as a result of defendant Lucia Mar
Unified School District’s (“the District”) actions.
After a six-day hearing before an OAH Administrative Law Judge (“ALJ”), a
decision was rendered on August 10, 2012, finding in favor of the District on all issues
raised by plaintiff.
On November 13, 2012, plaintiff lodged an appeal in this Court, pursuant to the
Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et. seq. (“IDEA”).
Defendant moved for judgment on the pleadings on June 24, 2012. By order dated July
25, 2013, this Court denied defendant’s motion.
On August 13, 2013, plaintiff moved for leave to submit additional evidence to
supplement to the administrative record pursuant to 20 U.S.C. § 1415(i)(C)(ii).
Defendant filed an opposition on August 26, 2013.

CV-12-7932 (CAS) (PLAx)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

‘O’

CIVIL MINUTES - GENERAL
Case No.

CV 12-9713 (CAS) (PJWx)

Date

Title

August 30, 2013

C.L. V. LUCIA MAR SCHOOL DISTRICT

Plaintiff argues that this additional evidence, contained in Exhibits A through I
appended to its motion, is necessary to prove that defendant failed to properly implement
plaintiff’s individualized education program (“IEP”), failed to properly implement
plaintiff’s behavior intervention plan (“BIP”), and failed to offer plaintiff a free
appropriate public education (“FAPE”). Pl. Mot. Submit 9.
In response, defendant argues that the additional evidence is irrelevant or
otherwise barred by a settlement agreement between the parties dated January 13, 2011.
Def. Opp. Mot. Submit 3-10.
In an appeal from an administrative decision under the IDEA, a district court
“shall hear additional evidence at the request of a party.” While the determination about
what additional evidence to admit is left to the district court’s discretion, the court must
not “change the character of the hearing from one of review to a trial de novo.” Ojai
Unified School Dist. v. Jackson, 4 F.3d 1467, 1473 (9th Cir. 1993)(quoting Town of
Burlington v. Dep’t of Educ., 736 F.2d 773, 791 (1st Cir. 1984)). Additional evidence
should supplement, not duplicate evidence heard at the administrative hearing. Id.
The Court concludes that the evidence proffered by plaintiff is supplemental and
not duplicative.
In accordance with the foregoing, plaintiff’s motion to submit additional evidence
contained in Exhibits A through I is GRANTED. However, defendant may renew its
objections at the time of trial in this matter.
IT IS SO ORDERED.
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Initials of Preparer

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CIVIL MINUTES - GENERAL

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CMJ

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