California OAH special education order · October 9, 2017
Order Regarding Documentary Evidence; Order Regarding Testimonial Evidence and Requiring Parties to Provide Notice of Intent to Rely on Prior Testimony; and Notice of ALJ's Discretion to Consider Prior Testimony and to Incorporate Prior Factual Findings and Legal Conclusions
OAH Case No. 2017030950, 2017050146 · ALJ Theresa Ravandi
OAH required new evidence binders for the non-expedited hearing and said the ALJ may rely on testimony from the earlier expedited hearings and will incorporate the prior expedited findings and conclusions.
This case went to decision
Student v. Oakland Unified School District (consolidated): Oakland Unified's 2016 psycho-educational evaluation upheld; parent not entitled to a publicly funded IEE despite a late IEP meeting. (2017)
This case went to decision
Student v. Oakland Unified School District (consolidated): Oakland Unified may move student to Highland Academy for 45 school days but must provide a one-to-one bus aide. (2017)
Summary
After two expedited hearings in these consolidated cases, the ALJ issued procedural rules for the upcoming non-expedited hearing set to begin October 17, 2017. Both parties must prepare new exhibit binders, which may include documents from the expedited hearings, including documents that were earlier withdrawn or ruled inadmissible. Any witness who testified before and is called again will have all of their prior testimony considered. A party that wants the ALJ to consider prior testimony from a witness who does not testify again must say so by the last day of hearing. The ALJ will also incorporate relevant factual findings and legal conclusions from the expedited decisions.
Why it matters
When expedited and non-expedited claims are split, findings from the expedited decision can carry over to the later hearing. Parties should plan for that and must ask in time if they want earlier testimony considered.
Key authority cited
- Ed. Code, § 56505, subd. (e)(7)
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 Consolidated Matters of:
OAKLAND UNIFIED SCHOOL DISTRICT, OAH Case No. 2017030950 v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017050146 v.
OAKLAND UNIFIED SCHOOL DISTRICT. ORDER REGARDING DOCUMENTARY
EVIDENCE; ORDER REGARDING
TESTIMONIAL EVIDENCE AND
REQUIRING PARTIES TO PROVIDE
NOTICE OF INTENT TO RELY ON
PRIOR TESTIMONY; AND NOTICE OF
ALJ’S DISCRETION TO CONSIDER
PRIOR TESTIMONY AND TO
INCORPORATE PRIOR FACTUAL
FINDINGS AND LEGAL
CONCLUSIONS
Administrative Law Judge Theresa Ravandi heard the first portion of the expedited hearing in this matter over the course of eight days ending on August 9, 2017, and issued a final expedited decision on August 23, 2017. The ALJ convened the second part of the expedited hearing on September 7, 2017, and issued part two of the final expedited decision on September 21, 2017. The non-expedited issues are pending hearing beginning October 17, 2017. Some of the remaining issues are closely related to issues determined during the expedited hearings.
Submission and Exchange of Documentary Evidence New evidence binders are required to maintain a clear record during the non- expedited hearing, and to ensure an organized and efficient hearing. As ordered during the prehearing conference on October 2, 2017, the parties shall prepare new evidence binders with copies of all documents they intend to use at hearing or have the ALJ consider in determining the remaining issues, including any documents previously admitted at the prior expedited hearings. The parties may include in their evidence binders any document that was included in their prior evidence binders for the expedited portions of this matter, including any document that was previously withdrawn or determined to not be admissible. At the time of hearing, the ALJ will determine the admissibility of any exhibit the parties seek to admit. The parties may choose prepare a joint evidence binder, but are not required to.
All other requirements regarding documentary evidence remain. Specifically, exhibits shall be pre-marked and placed in three-ring exhibit binders prior to the hearing.
The parties shall use numbers to identify exhibits, but shall place the letter “S” or “D” in front of the exhibit to designate if it is a Student or District exhibit (for example, “S-5, S-6, or D-1, D-2”). Each exhibit shall be internally paginated by exhibit, or all of a party’s exhibits shall be Bates-stamped. There shall only be one document or a short series of related documents per each exhibit tab. Oakland shall include a color copy of the 2016-2017 and 2017-2018 academic calendars applicable to Student. Each exhibit binder shall contain a detailed table of contents. The parties shall serve their evidence binders on each other in compliance with Education Code section 56505, subdivision (e)(7). At the hearing, each party shall supply an exhibit binder containing its exhibits for use by the ALJ, and a second exhibit binder for use by witnesses. The parties may not serve exhibits on OAH prior to the hearing.
Prior Witness Testimony The parties are advised that the ALJ, in her discretion, may consider and rely upon prior witness testimony in determining the current non-expedited issues. If a party calls a witness who testified in one or both of the prior expedited due process hearings, the entirety of that witness’ prior testimony will be considered as part of the current non-expedited hearing. Otherwise, if a party wants the ALJ to specifically consider the prior expedited hearing testimony of a witness who does not testify during the current non-expedited due process hearing, that party shall notify the ALJ of this request, not later than the final day of hearing. Further, the parties are advised that the ALJ will incorporate prior factual findings and legal conclusions from the expedited decisions as relevant to the current remaining issues.
IT IS SO ORDERED.
DATE: October 9, 2017
THERESA RAVANDI
Administrative Law Judge Office of Administrative Hearings