California OAH special education order · April 25, 2016
Order Adding Exhibit to Record
OAH Case No. 2015120472, 2016030014 · ALJ Charles Marson
OAH admitted District's Exhibit 42, Student's May 2015 triennial IEP, into evidence on its own motion because both parties had questioned witnesses extensively about it but no one formally moved it in.
This case went to decision
Student v. Manteca Unified School District (consolidated): Manteca Unified must provide 448 hours of tutoring and counseling over defective IEP goals; general education placement claim denied. (2016)
Summary
While reviewing the record after hearing, the ALJ noticed that District's Exhibit 42, Student's May 13, 2015 triennial IEP, had been identified and discussed but never formally moved into evidence. The ALJ found the omission was inadvertent because both parties had examined witnesses extensively about the document. On OAH's own motion, the exhibit was admitted, and any objection had to be filed by April 29, 2016.
Why it matters
Parties should confirm that every exhibit they rely on is formally moved into evidence before the hearing closes. An ALJ may fix an oversight later, but parties then have only a short window to object.
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. 2015120472 v.
MANTECA UNIFIED SCHOOL
DISTRICT.
MANTECA UNIFIED SCHOOL
DISTRICT, OAH Case No. 2016030014 v. ORDER ADDING EXHIBIT TO
RECORD
PARENT ON BEHALF OF STUDENT.
In reviewing the record in this matter, it appears that District’s Exhibit 42, Student’s triennial Individualized Education Program from May 13, 2015, was identified and discussed but not moved into evidence. The omission was inadvertent, as both parties examined witnesses extensively about the contents of the document.
District’s 42 is hereby admitted in evidence. Any objection to its admission shall be filed on or before April 29, 2016.
DATE: April 25, 2016
CHARLES MARSON
Administrative Law Judge Office of Administrative Hearings