California OAH special education order · September 28, 2017
Order Regarding Replacement Copy of Student's Exhibit 4
OAH Case No. 2017040003, 2017050705 · ALJ Kara Hatfield
ALJ ordered Student and District each to file a copy of Student's Exhibit 4, an admitted functional behavior assessment, after it was mistakenly returned to Student's attorney instead of being kept for the record.
This case went to decision
Student v. Escondido Union School District (consolidated): Escondido Union prevails on all claims over behavior-emergency IEP meetings and delayed mental health and autism assessments. (2017)
This case went to decision
Student v. Escondido Union School District: Escondido Union must reimburse $3,500 for an independent psychoeducational evaluation after a federal court found a delayed autism assessment; training denied. (2019)
Summary
Student's Exhibit 4, a May 25, 2016 functional behavior assessment by Salvatore D'Amico, was admitted into evidence during the consolidated hearing. At the close of the hearing, the ALJ reviewed the list of admitted exhibits with both attorneys and did not mention Exhibit 4. Both attorneys agreed nothing was missed, and both copies were returned to Student's attorney. On its own motion, OAH ordered Student and District each to file a true and correct copy of the exhibit by September 29, 2017, so the hearing record is complete.
Why it matters
At the end of a hearing, attorneys and advocates should check the ALJ's list of admitted exhibits against their own records. Missing exhibits can leave gaps in the record the decision relies on.
People named in the order
- Salvatore D'Amico, Assessor who conducted functional behavior assessment; hearing witness
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:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2017040003 v.
ESCONDIDO UNION SCHOOL DISTRICT,
ESCONDIDO UNION SCHOOL DISTRICT, OAH Case No. 2017050705 v.
PARENT ON BEHALF OF STUDENT. ORDER REGARDING REPLACEMENT
COPY OF STUDENT’S EXHIBIT 4
On August 23, 2017, at approximately 3:25 p.m.,1 District moved Student’s Exhibit 4 into evidence. Student’s Exhibit 4 was a functional behavior assessment conducted by Salvatore D’Amico, dated May 25, 2016. Student’s Exhibit 4 was received into evidence at the conclusion of Mr. D’Amico’s testimony.
On August 24, 2017, at approximately 3:55 p.m. at the conclusion of the hearing, the Administrative Law Judge reviewed with the attorneys the numbers of all the exhibits that had been admitted. The ALJ did not announce Student’s Exhibit 4. The ALJ asked the attorneys if she had missed any exhibits. Both Student’s and District’s attorneys indicated the ALJ had not missed any exhibits. The ALJ removed from the witness and ALJ copies of the exhibit binders all pre-marked exhibits that were not on the list of admitted exhibits to which the attorneys agreed, and returned those exhibits to the Student’s and District’s attorneys. Both copies of Student’s Exhibit 4 were returned to Student’s attorney.
The ALJ has discovered that Student’s Exhibit 4 had been admitted but mistakenly not retained for the record.
/// /// /// The times of the discussions are noted in this order to assist the parties in verifying the information stated in this Order. Both Student’s and District’s attorneys audio recorded the due process hearing.
By 5:00 p.m. on September 29, 2017, Student and District each shall file with the Office of Administrative Hearings a true and correct copy of what had been marked and received as Student’s Exhibit 4.
IT IS SO ORDERED
DATE: September 28, 2017
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings