California OAH special education order · October 10, 2016
Order Identifying Exhibits Previously Marked and Admitted Through Judicial Notice
OAH Case No. 2016050172 · ALJ B. Andrea Miles
OAH memorialized its hearing ruling taking judicial notice of Student's two earlier OAH complaints and withdrawal requests, marked as District Exhibits D-56 and D-57, and attached copies at Student's request.
This case went to decision
Student v. Mountain View-Los Altos Union High School District: Mountain View-Los Altos Union High School District prevails on all claims; parents denied reimbursement for Utah residential placement. (2016)
Summary
During the due process hearing on September 22, 2016, the District asked the ALJ to take judicial notice of two complaints Student had filed earlier against the District and of Student's requests to withdraw them. The ALJ granted the motion, and the documents were marked as District Exhibits D-56 (Case No. 2015110759) and D-57 (Case No. 2015060575). Because these are official OAH records stored electronically and no hardcopies were available at the hearing, Student asked for copies. This order records the marking and admission of the exhibits and attaches them.
Why it matters
OAH can take judicial notice of its own case files, including a family's earlier complaints and withdrawals, so prior filings against a district can become evidence in a later hearing.
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. 2016050172 v. ORDER IDENTIFYING EXHIBITS
PREVIOUSLY MARKED AND
MOUNTAIN VIEW-LOS ALTOS UNION ADMITTED THROUGH JUDICIAL
HIGH SCHOOL DISTRICT. NOTICE
During the due process hearing, on September 22, 2016, Mountain View-Los Altos Union High School District moved to have Administrative Law Judge B. Andrea Miles take judicial notice of the two complaints filed by Student in cases against it and Student’s corresponding requests to withdraw those complaints. The motion was granted.
The complaint for Case Number 2015060575, filed June 2, 2015, and the request to withdraw the complaint were marked and admitted as D-57 (Attachment B). The complaint in Case Number 2015110759, filed November 12, 2015, and the request to withdraw the complaint were marked as D-56 (Attachment A).
The documents are official OAH case records and are stored electronically by OAH.
Since hardcopies of the documents were not available at the hearing, Student requested that OAH provide him with a copy of the records that were admitted as exhibits. This order memorializes the marking of the exhibits and their admission into evidence. The admitted exhibits are attached to this order.
IT IS SO ORDERED.
DATE: October 10, 2016
B. ANDREA MILES
Administrative Law Judge Office of Administrative Hearings