California OAH special education order · October 29, 2014
Order to Provide Declarations and Supporting Evidence
OAH Case No. 2014080602 · ALJ Margaret Broussard
OAH ordered all parties to submit sworn declarations or documents within five days because their stipulated facts on Student's residency, submitted for a decision on the papers, had no supporting evidence.
This case went to decision
Student v. Fortuna Union High School District et al.: Fortuna Union High School District is the district of residence for an adult student with autism living elsewhere, ALJ rules. (2014)
Summary
The parties agreed to bifurcate the residency issues and have them decided on a stipulated statement of facts and written briefs, without a live hearing. They filed the stipulated facts and briefs but attached no declarations or documents. On its own motion, OAH ordered each party to provide, within five days, sworn declarations and/or documentary evidence on residency. At a minimum, the declarations had to swear that the stipulated facts are true, correct, and based on personal knowledge.
Why it matters
When parties ask OAH to decide an issue on the papers, a bare list of stipulated facts is not enough. The facts need sworn declarations or documents behind them.
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:
STUDENT, OAH Case No. 2014080602 v. ORDER TO PROVIDE
DECLARATIONS AND SUPPORTING
FORTUNA UNION HIGH SCHOOL EVIDENCE
DISTRICT; KELSEYVILLE UNIFIED
SCHOOL DISTRICT AND KONOCTI
UNIFIED SCHOOL DISTRICT.
On October 2, 2014, the Office of Administrative Hearings issued an order granting the parties’ request to bifurcate issues. The issues regarding Student’s residency were bifurcated from the other issues in the case and the ALJ granted the parties request to have the residency issues determined prior to the hearing on the remaining issues in this matter.
The parties waived their rights to present witnesses and participate in an in-person hearing as to the residency issues and were ordered to submit a stipulated statement of facts and simultaneous written briefs and arguments. The parties timely submitted a stipulated statement of facts and written briefs and arguments. However, the parties did not attach any written declarations or documentary evidence to the stipulated facts. The parties must supply sworn declarations and/or documentary evidence to support the stipulated facts that they have submitted. At the minimum the parties must submit sworn declarations that the facts contained in the statement of stipulated facts are true and correct, and based upon personal knowledge of the parties.
ORDER
Within five days of this order, each party shall provide sworn declarations and/or documentary evidence on the issues of residency.
IT IS SO ORDERED.
DATE: October 29, 2014
/ S/
MARGARET BROUSSARD
Administrative Law Judge Office of Administrative Hearings