California OAH special education order · March 13, 2015
Order Denying Request for Telephonic Testimony
OAH Case No. 2014110441 · ALJ Robert Helfand
OAH denied Student's request to let expert Dr. Maria Abramson testify by phone, finding she was available and Student could reorder witnesses so she could testify in person.
Summary
Student asked OAH to let expert witness Dr. Maria Abramson testify by telephone on the last hearing day. She had hearing screenings that morning in Laguna Niguel, about 44 miles from the Downey hearing site, and Student worried traffic would make her late. OAH denied the request. It explained that telephonic testimony is for witnesses who cannot attend because of distance or illness, and Dr. Abramson was available if Student changed the order of witnesses.
Why it matters
OAH may not allow phone testimony just because a witness is busy or traffic is a concern. Parents and advocates should plan the witness order around expert schedules, and save phone testimony requests for witnesses who truly cannot appear because of distance or illness.
People named in the order
- Dr. Maria Abramson, Student's expert witness
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:
PARENTS ON BEHALF OF STUDENT, OAH Case No. 2014110441 v. ORDER DENYING REQUEST FOR
TELEPHONIC TESTIMONY
DOWNEY UNIFIED SCHOOL DISTRICT.
On November 5, 2014, Parents on behalf of Student filed with the Office of Administrative Hearings a Request for Due Process Hearing naming Downey Unified School District. On March 9, 2015, a Prehearing Conference was held that scheduled the hearing for March 16, 2015 through March 19, 2015.
On March 11, 2015, Student filed with OAH a request to permit one of his expert witnesses, Dr. Maria Abramson, to testify telephonically. Student cites that he intends for Dr. Abramson to testify at 1:30 p.m. on March 19, 2015. Dr. Abramson is scheduled to conduct hearing screenings in Laguna Niguel on that morning. Per MapQuest, Laguna Niguel is 44 miles from Downey where the hearing will occur. 1 Student cites traffic concerns in having the witness arrive timely for her testimony.
Telephonic testimony is permitted when a witness is unavailable and unable to attend the physical location of the hearing for reasons such as distance or illness. Here, Dr. Abramson is available to testify. Student can alter the order of witnesses to accommodate Dr. Abramson’s schedule so as she can testify personally.
Accordingly, Student’s request to permit Dr, Abramson to testify telephonically is
DENIED.
IT IS SO ORDERED
DATE: March 13, 2015
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings MapQuest also estimates that travel time during post-rush hour traffic is 57 minutes.