California OAH special education order · March 22, 2019
Order Continuing Due Process Hearing for Recalled Witness and Setting Status Conference
OAH Case No. 2018101112, 2019020520 · ALJ Alexa J. Hohensee
OAH continued the consolidated hearing to April 2, 2019, so Dr. Holly Reed could be recalled about documents she produced under San Marcos's subpoena, and admitted most of Student's audio recordings but excluded one.
This case went to decision
Student v. San Marcos Unified School District (consolidated): San Marcos Unified must reimburse partial Winston School tuition and fund a psychoeducational IEE after a late reassessment. (2019)
Summary
After Dr. Holly Reed produced documents in response to San Marcos's subpoena duces tecum, OAH continued the consolidated hearing to April 2, 2019, solely for her recalled testimony, which may be given by telephone. San Marcos's counsel was told to check her availability and to meet and confer with Student's counsel about stipulations that might make the recall unnecessary, and a status conference was set for March 25, 2019. Written closing briefs are due April 3, 2019, with no further continuance. Student's audio exhibits S-281 through S-286 were admitted, and exhibit S-279 (an October 8, 2018 recording) was excluded but kept in the record. Student must file all of the recordings electronically with a written index.
Why it matters
Documents produced under a subpoena late in a hearing can lead to a witness being recalled, and parties are encouraged to agree on stipulations that make the recall unnecessary. Families who offer audio recordings as evidence should be ready to file them electronically with a written index of their contents.
People named in the order
- Dr. Holly Reed, Witness recalled to testify about her subpoenaed document production (Winston School)
- Anthony Corella, OAH staff contact for electronic transfer of audio recordings
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. 2018101112 v.
SAN MARCOS UNIFIED SCHOOL
DISTRICT,
SAN MARCOS UNIFIED SCHOOL OAH Case No. 2019020520
DISTRICT,
ORDER CONTINUING DUE PROCESS
v. HEARING FOR RECALLED WITNESS
AND SETTING STATUS CONFERENCE
PARENT ON BEHALF OF STUDENT.
On March 20, 2019, the due process hearing was continued to April 2, 2019, at 9:00 a.m., for testimony of Dr. Holly Reed, regarding the documents produced by Dr. Reed in response to San Marcos Unified School District’s subpoena duces tecum.
Counsel for San Marcos was ordered to contact Dr. Reed concerning her availability, and to meet and confer with Student’s counsel regarding stipulations that might make the recall of Dr. Reed as a witness unnecessary. A status conference was set for March 25, 2019 at 9:00 a.m., to discuss Dr. Reed’s availability.
After discussion on the record, written closing briefs were ordered filed no later than April 3, 2019 at 5:00 p.m., the day after Dr. Reed’s testimony. The parties were advised that the hearing would not be continued beyond April 3, 2019 for written closing briefs.
Student’s audio recordings, exhibits S-281, S-282, S-283, S-284, S-285 and S-286 were admitted into evidence. Student’s audio recording from October 8, 2018, exhibit no. S- 279, was excluded from evidence but will be retained in the official record. Audio evidence can be filed with OAH by electronic transfer, and such a filing method allows the ALJ easier and faster access to the recordings. Accordingly, in the interest of judicial economy, Student shall file the audio recordings with OAH by electronic transfer within five business days of service of this order. Student’s counsel shall contact Anthony Corella at 916-263-0550, to electronically transfer the audio recordings to OAH, and shall separately file with OAH and serve on San Marcos a written index of the contents of the recording and a proof of service.
ORDER
1. The due process hearing in these consolidated matters is continued to April 2,
2019, at 9:00 a.m. for the testimony of Dr. Holly Reed only.
2. Dr. Holly Reed is recalled as a witness and shall appear in these consolidated
matters on April 2, 2019, at 9:00 a.m., unless otherwise ordered. Dr. Reed may testify telephonically. OAH will initiate the call to the telephone number of the Winston School identified in Dr. Reed’s document production.
3. Student shall electronically file with OAH the audio recordings admitted into
evidence, or excluded and ordered retained in the record, and shall efile with OAH and serve on San Marcos a written index of the contents of the recording and a proof of service.
DATE: March 22, 2019
ALEXA J. HOHENSEE
Administrative Law Judge Office of Administrative Hearings