California OAH special education order · October 9, 2017
Order Following Telephonic Status Conference
OAH Case No. 2016110441 · ALJ Peter Paul Castillo
OAH made Student's counsel's audio recording the official record of the due process hearing, by agreement of the parties, because OAH could not find its own recording of the hearing.
This case went to decision
Student v. Capistrano Unified School District: Capistrano Unified must reimburse up to $41,600 in private school tuition for child find failures; June 2016 IEP upheld. (2017)
Summary
ALJ Judith L. Pasewark heard this case over three days in March 2017. OAH recorded the hearing, but its copy could not be found on the ALJ's computer. 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 serve as the official record. Subject to approval by a reviewing court, the parties may add to the record for any parts that are inaudible or were not recorded, and Student must give copies of the recording to OAH and the District.
Why it matters
OAH's official recording can be lost. A party who makes its own approved recording of the hearing may be able to preserve the record needed for an appeal to court.
People named in the order
- Judith L. Pasewark, Administrative Law Judge who heard the case
- Phillip VanAllsburg, Attorney for Student
- Ernest Bell, Attorney for 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. 2016110441 v. ORDER FOLLOWING TELEPHONIC
STATUS CONFERENCE
CAPISTRANO 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.
Phillip VanAllsburg, Attorney at Law, appeared on behalf of Student. Ernest Bell, Attorney at Law, appeared on behalf of Capistrano Unified School District. The TSC was recorded.
Administrative Law Judge Judith L. Pasewark heard this matter on March 28, 29, and 30, 2017 in San Juan Capistrano, California. OAH recorded the hearing. However, a copy of the recording cannot be located on ALJ Pasewark’s computer. Student’s counsel audio recorded the hearing with the approval of 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 contact Student’s counsel to obtain a copy of the audio recording of
the hearing, and Student shall provide District with a copy of its recording.
DATE: October 09, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings