California OAH special education order · October 1, 2018
Order Granting Campbell's Motion to Strike
OAH Case No. 2018061181 · ALJ Cynthia Fritz
OAH struck Student's two post-hearing exhibits because neither was an article on remote assessment testing, as the ALJ's order required. The six-minute late filing itself caused no prejudice.
This case went to decision
Campbell Union High School District v. Student: Campbell Union High School District must fund an independent psychoeducational evaluation after failing to prove its 2017 assessment was appropriate. (2018)
Summary
During the hearing, the ALJ admitted Campbell's research articles on remote assessment testing, offered to rebut Dr. Ambler's testimony. The ALJ then let both parties submit articles on that topic by the end of business on September 17, 2018. Student filed two documents six minutes late, and Campbell moved to strike them. OAH found the lateness caused no prejudice. It still struck both documents because they did not address whether remote assessment testing is valid, and one was CTOPP administration instructions rather than a research article.
Why it matters
When an ALJ allows post-hearing submissions on a narrow topic, what you file must match the order's scope exactly. Off-topic materials will be struck even if a short delay is excused.
People named in the order
- Dr. Ambler, 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 Matter of:
CAMPBELL UNION HIGH SCHOOL OAH Case No. 2018061181
DISTRICT,
ORDER GRANTING CAMPBELL’S
v. MOTION TO STRIKE
PARENT ON BEHALF OF STUDENT.
On September 17, 2018, at 5:06 p.m., Student filed additional exhibits in this matter.
On September 20, 2018, Campbell opposed Student’s additional exhibits arguing that they were untimely and not appropriate articles per the ALJ’s order. Campbell requested that both documents be stricken from the record.
DISCUSSION
On September 13, 2018, Campbell requested that two separate research articles discussing remote assessment testing be admitted into evidence as rebuttal to Dr. Ambler’s hearing testimony. Both articles were admitted but Student requested an equal opportunity to submit countervailing articles addressing the efficacy of remote assessment testing.
Campbell did not oppose the request, and the ALJ allowed both parties to submit articles regarding remote assessment testing no later than the end of business on September 17, 2018.
On September 17, 2018, at 5:06 p.m., Student filed two documents with OAH.
Although the documents were six minutes late, there is no prejudice in the lateness of the filing. The documents, however, do not conform to the ALJ’s order. The documents submitted do not address the validity of remote assessment testing. The second document is not a research article, rather a portion of CTOPP administration instructions. Neither submission is an article regarding remote assessment testing. Thus, both articles will be stricken from the record.
IT IS SO ORDERED.
DATE: October 1, 2018
CYNTHIA FRITZ
Administrative Law Judge Office of Administrative Hearings