About Teacher Dismissal Case Type

All motions shall be filed electronically using the OAH Secure e-Filing and select the Teacher Dismissal Motions Program. All motions shall be filed electronically according to OAH’s electronic filing standards. Motions shall be accompanied by a Teacher Dismissal Motion Cover Sheet. Failure to include a properly completed cover sheet may result in rejection of a motion.

Motions for Immediate Reversal of Suspension (Education Code, § 44939)

The Education Code authorizes a teacher who has been immediately suspended pending disciplinary charges, in certain circumstances, to file a Motion for Immediate Reversal of Suspension. All Motions for Immediate Reversal of Suspension (MIRS), including the initial motion papers, shall be filed using the OAH Secure e-Filing, select the Teacher Dismissal Motions Program.

MIRS must be accompanied by a Motion for Immediate Reversal of Suspension Request to Set form (OAH 21G). The Teacher Dismissal Motion Cover Sheet that is required for other types of motions in teacher dismissal cases is not required for MIRS matters.

The MIRS will be given its own OAH case number and be set for telephonic oral argument on the motion calendar. The oral argument will be electronically recorded. Moving papers must be served on all parties and filed with OAH. The moving papers shall include a memorandum of points and authorities setting forth law and argument supporting the employee's contention that the facts as alleged are not sufficient to constitute a basis for immediate suspension, together with a copy of the statement of charges or accusation. The parties may indicate a preferred date for oral argument on the Request to Set form. OAH will serve a notice of the oral argument date on all parties. Opposition papers shall be filed with OAH no later than 10 days before the date set for oral argument. The moving party may file an optional reply no later than three (3) days before the date set for oral argument. Documents must be filed before 5:00 p.m. on the date they are due. A party objecting to telephonic oral argument or electronic recording of the oral argument must file and serve a written objection within five business days of service of the notice of oral argument.

The Office of Administrative Hearings may take scheduled oral arguments off calendar if it is determined that oral argument is not necessary to a determination of the issues.

Motion Requirements (other than MIRS)

All motions must comply with applicable sections of the Government Code and California Code of Regulations. In addition, orders will be issued in pending teacher dismissal cases requiring compliance with the following:  Motions other than motions for continuance of a hearing must include

(1) a notice of motion;

(2) a declaration of counsel or the party stating all facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion;

(3) a memorandum of points and authorities setting forth the legal basis for the requested relief (not required if included in a Joint Stipulation);

(4) where necessary, declaration(s) under penalty of perjury stating facts that are relevant and necessary to rule on the motion;

(5) for discovery motions, a Joint Stipulation (see below);

(6) for motions to amend a pleading or statement of charges, a complete copy of the current pleading and a complete copy of the proposed amendment;

(7) a proposed order; and

(8) a proof of service showing service of the motion on all parties. 

At the time the motion is filed, the moving party shall include blanks in the notice of motion for the date, time and place of oral argument on the motion. All motions will be set for telephonic oral argument. OAH will send the parties an acknowledgment of the scheduled date, time and telephone conference information for oral argument. After receiving notification of the scheduled oral argument date, the moving party shall serve notice of the date, time, and telephone conference information of oral argument, on all other parties to the case and shall file the notice and proof of service with OAH. 

A party objecting to telephonic oral argument or electronic recording of the oral argument must file and serve a written objection within five business days of service of the motion. 

Opposition or Response to Motions: Any opposition or response to a motion, other than a MIRS, shall be filed with OAH and served on all parties no later than 5:00 p.m. four (4) business days before the date scheduled for oral argument on the motion. Unless directed by OAH, there shall be no additional replies or rebuttals to the moving and responsive papers. 

The Office of Administrative Hearings may take scheduled oral arguments off calendar if it is determined that oral argument is not needed.

Additional Requirements for Discovery Motions

Discovery motions must comply with Government Code § 11507.7. In addition to the requirements for motions generally set forth above, the following applies to discovery motions in teacher dismissal cases.

Meet and Confer Requirement: Before filing any motion relating to discovery, the parties, or their counsel, shall confer in a good faith effort to avoid the necessity for the motion or to eliminate as many of the items in dispute as possible. It shall be the responsibility of the moving party, or counsel for the moving party, to arrange this conference. The conference may take place by telephone.

If the parties are unable to settle all of their differences, they shall formulate a written Joint Stipulation. The Joint Stipulation shall be filed and served with the motion.

Form of Joint Stipulation: The Joint Stipulation must be set forth in one document signed by all parties to the dispute or their counsel. The Joint Stipulation shall contain all issues in dispute and, with respect to each such issue, the contentions and points and authorities of each party. The Joint Stipulation shall not require reference to any other documents that are not attached as exhibits. If the allegations made in a prior filing are relevant, a copy of that prior filing should be attached as an exhibit. Exhibits to the Joint Stipulation may include declarations. The specification of the issues in dispute, and the parties’ contentions and points and authorities with respect to such issues, may be preceded by an introductory statement from each party, provided that no party’s introductory statement shall exceed three pages in length. When a party states its contentions with respect to a particular issue, such party shall also state how it proposed to resolve the dispute over that issue at the conference.

The Joint Stipulation shall present the disputed issues as concisely as the subject matter permits. Any Joint Stipulation exceeding ten pages in length, excluding exhibits, shall be accompanied by a table of contents setting forth the headings or subheadings contained in the body of the Joint Stipulation, but it need not be accompanied by a table of authorities.

The first paragraph of the title page of the Joint Stipulation must state any discovery cutoff date, prehearing conference date, and hearing date(s).

Preparation of Joint Stipulation: Following the conference of the parties or counsel, the moving party or counsel shall personally deliver, email, or fax to the opposing party or counsel the moving party’s portion of the Joint Stipulation, together with all declarations and exhibits to be offered in support of the moving party’s position. The opposing counsel or party shall prepare the opposing party’s portion, sign it (electronically or otherwise) and return it to the moving party or counsel no later than the end of the next business day, so that it can be filed with the notice of motion.

Failure to File Joint Stipulation: OAH may refuse to consider a discovery motion in the absence of a Joint Stipulation or a declaration from the moving party or counsel establishing that the opposing party or counsel (a) failed to confer in a timely manner in accordance with this order; (b) failed to provide the opposing party’s portion of the Joint Stipulation in a timely manner in accordance with this order; or (c) refused to sign and return the Joint Stipulation after the opposing party’s portion was added.

Continuance Motions

Continuance motions must comply with Government Code § 11524 and title 1, California Code of Regulations, § 1020. Please file all continuance motions in teacher dismissal cases using the OAH Secure e-Filing. Continuance motions will not automatically be set for oral argument. Oral argument will be scheduled for continuance motions only when ordered by the Office of Administrative Hearings.

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