California OAH special education order · August 19, 2016
Order Following Telephonic Status Conference
OAH Case No. 2015080076 · ALJ Peter Paul Castillo
OAH adopted Student's attorney's audio recording as the official hearing record after OAH's own recording of the February 2016 hearing turned out to have no sound.
This case went to decision
Student v. Tustin Unified School District: Tustin Unified properly exited a gifted third grader with autism from special education; all of Student's claims denied. (2016)
Summary
The February 2016 due process hearing before ALJ Judith L. Pasewark was recorded by OAH, but OAH's recording had no sound. Student's counsel had also recorded the hearing with OAH's approval. After a telephonic status conference, the parties agreed that Student's recording would be the official record. Subject to approval by the reviewing court, either side may add to the record for any parts that are inaudible or were not recorded. OAH will mail the parties its own recording on CD and will ask its IT unit whether any sound can be recovered.
Why it matters
OAH's own hearing recording can fail. A party's backup recording, made with OAH's permission, can preserve the record for an appeal, so families and their attorneys should consider asking to make one.
People named in the order
- Judith L. Pasewark, Administrative Law Judge who heard the matter
- Lauren-Ashley L. Caron, Attorney for Student
- S. Daniel Harbottle, Attorney for Tustin Unified School District
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2015080076 v. ORDER FOLLOWING TELEPHONIC
STATUS CONFERENCE
TUSTIN UNIFIED SCHOOL DISTRICT.
On August 15, 2016, a telephonic status conference was held before Presiding Administrative Law Judge Peter Paul Castillo, Office of Administrative Hearings. Lauren- Ashley L. Caron, Attorney at Law, appeared on behalf of Student. S. Daniel Harbottle, Attorney at Law, appeared on behalf of Tustin Unified School District. The TSC was recorded.
Administrative Law Judge Judith L. Pasewark heard this matter on February 23, 24, and 25, 2016, in Tustin, California. OAH recorded the hearing. However, a review of the recording revealed no sound on the recording. Student’s counsel audio recorded the hearing with the approval of OAH and provided a copy of the recording to OAH.
Based upon discussion with the parties, the OAH issues the following order:
1. The parties agree that Student’s audio recording of the administrative hearing
in this matter shall be the official audio recording of this matter, subject to the below.
2. Subject to the approval of the reviewing court, the parties may augment the
record as to any portions of the hearing in which Student’s audio recording is not audible, or portions not recorded.
3. OAH shall mail to the parties on compact disk its copy of the audio recording of
the hearing, and OAH shall inquire with its information technology unit if it is possible to recover any sound from its recording.
IT IS SO ORDERED.
DATE: August 19, 2016
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings