California OAH special education order · September 12, 2017
Order Deny Motion to Admit Evidence
OAH Case No. 2017060872 · ALJ Rommel P. Cruz
OAH denied Parent's post-hearing motion to admit a new document because the evidentiary record had closed when closing briefs were filed, making the motion untimely.
This case went to decision
Student v. Menifee Union School District: Menifee Union must provide 45 hours of home instruction, 3 hours of speech therapy, and an adaptive PE assessment; other claims denied. (2017)
Summary
After a two-day due process hearing and the filing of written closing briefs on August 31, 2017, Parent moved on September 1, 2017 to have an additional document admitted into evidence, and District opposed. Using civil law principles, the ALJ noted that reopening a record for more evidence is discretionary. Because the record closed when the closing briefs were filed, the ALJ found the motion untimely and denied it.
Why it matters
Families should get every document they want considered into evidence before the hearing ends. Once closing briefs are filed, OAH treats the record as closed and may refuse to reopen it, even if a staff member said otherwise.
Key authority cited
- Horning v. Shilberg (2005) 130 Cal.App.4th 197
- Rosenfeld, Meyer & Susman v. Cohen (1987) 191 Cal.App.3d 1035
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. 2017060872 v. ORDER DENY MOTION TO ADMIT
EVIDENCE
MENIFEE UNION SCHOOL DISTRICT.
On June 20, 2017, Parent on behalf of Student filed with the Office of Administrative Hearings a due process hearing request, naming Menifee Union School District.
The due process hearing convened on August 15 and 16, 2017, before Administrative Law Judge Rommel Cruz, Office of Administrative Hearings.
On August 16, 2017, at the conclusion of the hearing, the matter was continued to allow parties to submit written closing briefs. The briefs were due at 5:00 p.m. on August 31, 2017. Parties timely filed their briefs. The record was then closed and the matter was submitted to the ALJ for a decision.
On September 1, 2017, Parent contacted OAH to inquire if she was permitted to submit a motion to have a document admitted. According to Parent, OAH informed her that the record remained open until the ALJ issued the decision. Student filed her motion to admit the document the same day.
On September 7, 2017, District filed its opposition to admit the document.
APPLICABLE LAW AND DISCUSSION
Special education law does not address the reopening of the evidentiary record after the hearing. Using civil law principles as guidance, the reopening of a case to receive additional evidence is generally a matter within the trial court’s discretion. (Horning v.
Shilberg (2005) 130 Cal.App.4th 197, 208, citing Rosenfeld, Meyer & Susman v. Cohen (1987) 191 Cal.App. 3rd 1035, 1052-53.)
Here, the record was closed on August 31, 2017, upon the filing of parties’ written closing briefs. Parent inquired with OAH about her motion on September 1, 2017, after the record was closed. Parent’s motion filed on September 1, 2017, is untimely, and therefore, denied.
ORDER
Student’ motion to admit evidence is denied.
DATE: September 12, 2017
ROMMEL P. CRUZ
Administrative Law Judge Office of Administrative Hearings