California OAH special education order · December 3, 2018
Order Denying Student's Motion to Admit New Evidence
OAH Case No. 2018090670 · ALJ Tiffany Gilmartin
OAH denied Student's request to admit a traffic ticket and a prior case's notice of withdrawal because Student never disclosed or exchanged them within the five-business-day evidence deadline.
This case went to decision
Student v. Fremont Union High School District: Fremont Union High must provide door-adjacent curb-to-curb transportation inside a gated complex and reimburse the family's mileage. (2018)
Summary
Student asked OAH to admit two new documents: a copy of a traffic ticket and a notice of withdrawal from an earlier due process case. Fremont objected, and Student filed a reply. OAH denied the request. Student had not listed the documents in the prehearing conference statement and had not exchanged them with Fremont at least five business days before the hearing, as Education Code section 56505(e)(7) requires.
Why it matters
Parties must list exhibits in the prehearing conference statement and exchange them at least five business days before hearing. Documents raised late will likely be kept out, even if they seem relevant.
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 Matter of:
PARENT ON BEHALF OF STUDENT, OAH Case No. 2018090670 v. ORDER DENYING STUDENT’S
MOTION TO ADMIT NEW EVIDENCE
FREMONT UNION HIGH SCHOOL
DISTRICT.
On November 29, 2018, Student filed a motion to admit new documentary evidence.
Specifically, Student requested two additional documents be admitted, a copy of a traffic ticket and a copy of a previous due process hearing’s notice of withdrawal. Fremont filed an objection to Student’s request on November 30, 2018. Student filed a response to Fremont’s opposition on December 3, 2018.
Education Code Section 56505, subdivision (e)(7), provides the right of the parties to receive exhibits at least five business days prior to the hearing from other parties to the hearing. (Ed. Code, § 56505 subd. (e)(7).)
The documents Student seeks to admit were not disclosed to Fremont in Student’s prehearing conference statement. Nor did Student exchange them with Fremont during the appropriate window for documentary evidence exchange. Student failed to comply with the statutory timeline for documentary evidence exchange regarding these documents. Student’s request to admit new evidence is untimely.
ORDER
Student’s request to admit new evidence is denied.
DATE: December 3, 2018
TIFFANY GILMARTIN
Administrative Law Judge Office of Administrative Hearings