California OAH special education order · May 11, 2015

Order Re Student's Motion to Allow Admittance of Documentary Evidence, Setting Oral Argument, With Tentative Ruling

OAH Case No. 2014120050 · ALJ Clifford H. Woosley

OAH set oral argument for the next hearing day on Student's motion to admit an expert's late-disclosed assessment report and issued a tentative ruling to deny it.

Ruling Evidence and witnesses

This case went to decision

Student v. Hacienda La Puente Unified School District: Hacienda La Puente Unified prevails: no child find violation, and high-achieving third grader not eligible under autism. (2015)

Summary

Student asked OAH to admit expert Susan Hollar's evaluation and assessment report. The report had not been given to District on time, and Student argued there was good cause for the delay. District opposed the motion, and both sides filed declarations. The ALJ set oral argument for the start of the May 12, 2015 hearing day and issued a tentative ruling to deny the motion, without explaining the reasons.

Why it matters

Expert reports must be disclosed to the other side before the deadline. A late report is likely to be kept out unless the party can show strong good cause, so families should get expert reports finished and shared early.

People named in the order

  • Susan Hollar, Student's expert (evaluator)

Topics

late evidence expert report evidence disclosure good cause tentative ruling oral argument

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:

PARENT ON BEHALF OF STUDENT, OAH Case No. 2014120050 v. ORDER RE STUDENT’S MOTION TO

ALLOW ADMITTANCE OF

HACIENDA LA PUENTE UNIFIED DOCUMENTARY EVIDENCE,

SCHOOL DISTRICT. SETTING ORAL ARGUMENT, WITH

TENTATIVE RULING

On May 6, 2015, Student filed a motion to allow the admittance of Student’s expert Susan Hollar’s evaluation and assessment report by demonstrating good cause for the failure to timely provide the report to District, with supporting declarations. On May 8, 2015, District filed opposition, including declarations.

The Administrative Law Judge has reviewed all documents submitted by the parties.

The parties shall present oral argument on the motion at the commencement of the next hearing day, May 12, 2015.

The tentative ruling on Student’s motion is to deny.

IT IS SO ORDERED.

DATE: May 11, 2015

/S/

CLIFFORD H. WOOSLEY

Administrative Law Judge Office of Administrative Hearings