California OAH special education order · March 28, 2017
Order Granting Admission of Audio Recordings of May 1, May 14, and September 5, 2014 IEP Team Meetings
OAH Case No. 2016090418 · ALJ Dena Coggins
OAH admitted audio recordings of three 2014 IEP meetings after the hearing ended, because District did not oppose, but denied Student's request to continue the hearing to supplement the record.
This case went to decision
Student v. San Mateo-Foster City School District: San Mateo-Foster City School District prevails on all claims over a 2014 IEP offering continued Edgewood day treatment placement. (2017)
Summary
After the hearing, Student asked OAH to admit audio recordings of the May 1, May 14, and September 5, 2014 IEP team meetings, or to continue the hearing so the record could be supplemented. During the hearing, Student's advocate had not provided the required two copies of the recordings, even after three reminders, and did not properly seek admission on the last day. OAH found it was not the ALJ's or opposing counsel's job to remind the advocate. Because District did not oppose and the transcripts were already in evidence, OAH admitted the recordings as Exhibit 64a if filed by March 30, 2017, closed the record to any other evidence, and denied the continuance.
Why it matters
Families and advocates must follow prehearing exhibit rules, such as bringing the required number of copies, and must formally move each exhibit into evidence before the hearing closes. The ALJ and the district have no duty to remind them, and a late fix may only be allowed when the other side does not 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. 2016090418 v. ORDER GRANTING ADMISSION OF
AUDIO RECORDINGS OF MAY 1,
SAN MATEO FOSTER CITY SCHOOL MAY 14, AND SEPTEMBER 5, 2014
DISTRICT. IEP TEAM MEETINGS
On March 23, 2017, Student filed a motion seeking to admit audio recordings of the May 1, May 14, and September 5, 2014 IEP team meetings or continue the hearing to allow supplementation of the record. Student based his motion on “inadvertent oversight of the parties and ALJ.” The District did not oppose the motion.
During the February 24, 2017 prehearing conference, all parties were informed two copies of all exhibits were required at hearing, not including the party’s own copy and the copy provided to opposing counsel. Again, the parties were informed they were required to provide two copies of all exhibits in the February 28, 2017 order following prehearing conference. During the hearing, Student attempted to admit audio recordings of the May 1, May 14, and September 5, 2014 IEP team meetings without providing two copies of the recordings. Student’s advocate was reminded for a third time that two copies of all exhibits were required, and he agreed to obtain a second copy of the recordings. Student’s request for admission of the audio recordings was denied at that time, but he was permitted to seek admission once he obtained two copies of the recordings. On the last day of hearing, Student’s advocate did not properly seek admission of the audio recordings. It was not the responsibility of the ALJ or opposing counsel to remind Student’s advocate to seek admission of Student’s exhibits.
However, at the time of hearing, the District did not oppose the admission of the audio recordings of the May 1, May 14, and September 5, 2014 IEP team meetings. The transcripts of the IEP team meetings have already been admitted into evidence.
For clarity of the record, the audio recordings of the May 1, May 14, and September 5, 2014 will be admitted into the record, if they are submitted no later than Thursday, March 30, 2017, by 5:00 p.m. The audio recordings will be marked as Exhibit 64a. Going forward, no other evidence will be admitted in this matter. Student’s request to continue the hearing to supplement the record is denied.
IT IS SO ORDERED.
DATE: March 28, 2017
DENA COGGINS
Administrative Law Judge Office of Administrative Hearings