California OAH special education order · November 14, 2018
Order Requiring Confirmation That District's Exhibit 16 Is Complete
OAH Case No. 2018080021 · ALJ Elsa H. Jones
OAH ordered both parties to file any missing goal pages from District's Exhibit 16, a June 2017 IEP, or confirm it is complete, because the IEP listed four goal areas but contained only two goals.
This case went to decision
Student v. Garvey School District: Garvey School District must assess fourth grader's school anxiety and provide home instruction and compensatory services; parent-participation claim denied. (2018)
Summary
After the hearing, the ALJ noticed on her own that District's Exhibit 16, Student's June 6, 2017 IEP, said goals would be written in four areas of need, but the admitted exhibit contained only two goals (written language/spelling and math calculation). OAH ordered each party, by 5:00 p.m. on November 19, 2018, to either file and serve any omitted pages with additional goals or other material, or confirm in writing that no other goal pages exist or ever existed and that the exhibit is complete as admitted.
Why it matters
Incomplete IEP exhibits can leave gaps in the record that the ALJ will notice. Parties should check that every IEP offered as evidence includes all of its goal pages before the hearing.
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. 2018080021 v. ORDER REQUIRING
CONFIRMATION THAT DISTRICT’S
GARVEY SCHOOL DISTRICT. EXHIBIT 16 IS COMPLETE
District’s Exhibit 16 is Student’s Individualized Education Program dated June 6,
2017. The IEP notes on Bates Stamp page 023 of Exhibit 16 state: “goals will be written in
the following areas of need: Basic Reading/Decoding, Passage Comprehension, ELD/Written Language/Spelling, Mathematics Calculation.”
District’s Exhibit 16, as admitted into evidence at hearing, contains only two goals:
Goal SAI-3 (ELD/Written Language/Spelling), on Bates Stamp page 024; and Goal SAI-4 (Mathematics Calculation), on Bates Stamp page 025.
Therefore, each party is to take one of the following actions, by no later than 5:00 p.m. on November 19, 2018:
1. File with OAH, and serve on the other party, any pages that contain additional
goals or other matter that were omitted from District’s Exhibit 16 as admitted into evidence at hearing; OR
2. Confirm, in a writing filed with OAH and served on the other party, that no
pages of additional goals exist or ever existed, and that District’s Exhibit 16 is complete as admitted into evidence at hearing.
IT IS SO ORDERED.
DATE: November 14, 2018
ELSA H. JONES
Administrative Law Judge Office of Administrative Hearings