California OAH special education order · October 19, 2015

Order Granting Student's Motion to Admit Student's Exhibit S27 Into Evidence

OAH Case No. 2015021006 · ALJ Laurie Gorsline

OAH admitted Student's Exhibit S27 into evidence, overruling the Charter Schools' foundation and hearsay objections and leaving the exhibit's weight to be decided with the rest of the evidence.

Granted Evidence and witnesses

This case went to decision

Student v. Aveson Charter Schools et al.: Aveson charter schools must give staff 40 hours of training after a flawed 2012 assessment and IEP meeting; other claims denied. (2015)

Summary

On the last day of a five-day hearing, Student moved to admit Exhibit S27 into evidence. The Charter Schools objected on foundation and hearsay grounds. The ALJ took the motion under submission, then overruled the objections and admitted the exhibit. The ALJ will decide how much weight the exhibit gets based on the law and the other hearing evidence.

Why it matters

In special education hearings, OAH tends to admit contested documents and sort out reliability when weighing the evidence. Foundation and hearsay objections are therefore less likely to keep an exhibit out entirely.

Topics

evidence exhibit admission hearsay foundation charter school

Order details

OAH case number: 2015021006
Order date: October 19, 2015
Order type: Evidence and witnesses
Ruling: Granted
Administrative law judge: Laurie Gorsline
Moving party: Student
Case filed by: Student
Education agency: Aveson School of Leaders, Aveson Global Leadership Academy, and Aveson Charter Schools
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

March 25, 2015: Joint continuance granted; mediation April 16, PHC May 11, hearing reset to May 19-21, 2015. (PDF)
May 1, 2015: Joint second continuance granted; mediation May 7, hearing reset to June 8-11, 2015. (PDF)
May 18, 2015: Order Following Prehearing Conference
June 1, 2015: Unopposed motion to amend granted; timelines reset as of June 1, 2015, and prior dates vacated. (PDF)
July 13, 2015: Order Denying Motion to Continue
July 20, 2015: Order Following Prehearing Conference
July 22, 2015: Unopposed second amendment granted; new respondent added; timelines reset as of July 22, 2015. (PDF)
September 16, 2015: Order Denying Request for Continuance and Confirming Prehearing Conference and Due Process Hearing D
September 18, 2015: Order Following Prehearing Conference
October 19, 2015: Order Granting Student's Motion to Admit Student's Exhibit S27 Into Evidence
Decision (2015-12-07)

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. 2015021006 v. ORDER GRANTING STUDENT’S

MOTION TO ADMIT STUDENT’S

AVESON SCHOOL OF LEADERS, EXHIBIT S27 INTO EVIDENCE

AVESON GLOBAL LEADERSHIP

ACADEMY, AND AVESON CHARTER

SCHOOLS (CHARTER SCHOOLS).

Administrative Law Judge Laurie Gorsline heard this matter in Altadena, California, on September 29, 30, October 6, 7, and 13, 2015.

On the last day of hearing, Student moved to admit Exhibit Student’s Exhibit S27 into evidence. Respondents objected on the grounds of foundation and hearsay. The ALJ took Student’s motion under submission.

Respondents’ objections are overruled. Student’s Exhibit S27 is admitted into evidence. The ALJ shall determine the weight to be given to Student’s Exhibit S27 based upon the law and the other evidence presented at hearing.