California OAH special education order · March 28, 2019
Order Granting Student's Request to Admit Supplemental Evidence Regarding Ex Parte Memorandum
OAH Case No. 2019020281, 2019010105 · ALJ Joy Redmon
OAH admitted Student's time-stamped copy of an email as supplemental Exhibit A-1 because the record stays open until the hearing ends. The earlier March 12, 2019 fees order stays in effect.
This case went to decision
Student v. Tuolumne County Superintendent of Schools et al. (consolidated): Tuolumne County Superintendent of Schools and Curtis Creek must fund residential placement at Madison Oaks and reimburse $11,025 after broad FAPE denials. (2019)
Summary
OAH's March 12, 2019 order addressed an ex parte memorandum and awarded fees to Respondents in part. Student then asked OAH to add a corrected copy of an email exhibit that showed a time stamp. Counsel's assistant explained that the time stamp was lost by mistake when the email was converted to PDF. The districts did not respond, and OAH granted the request because the record remains open until the hearing ends and a final decision issues. OAH made no finding on authenticity, kept the original Exhibit A in the record, and left the March 12 order in effect because Student did not seek reconsideration.
Why it matters
While the record is still open, a party can add corrected supplemental evidence without seeking reconsideration. But adding it does not undo an earlier ruling unless reconsideration is actually requested.
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:
TUOLUMNE COUNTY SUPERINTENDENT OAH Case No. 2019020281
OF SCHOOLS, CURTIS CREEK SCHOOL
DISTRICT,
v.
PARENT ON BEHALF OF STUDENT,
PARENT ON BEHALF OF STUDENT, OAH Case No. 2019010105 v.
TUOLUMNE COUNTY SUPERINTENDENT
OF SCHOOLS, CURTIS CREEK SCHOOL ORDER GRANTING STUDENT’S
DISTRICT. REQUEST TO ADMIT
SUPPLEMENTAL EVIDENCE
REGARDING EX PARTE
MEMORANDUM
On March 12, 2019, the undersigned issued an Order Clarifying Ex Parte Memorandum;
Order Granting Respondent’s Request for Fees, in part; and Order Denying Student’s Request for Fees. On March 15, 2019, Student filed a Request to Admit Corrected Evidence as Part of the Record Following OAH’s March 12, 2019, order identified above. Student requested that a supplemental copy of its Exhibit “A”, an email, be included in the record. The supplemental email includes a time stamp where the original did not. Student provided a copy of the date and time stamped email and declarations from counsel specifying Student was not seeking reconsideration of the original order. Student also provided a declaration from counsel’s assistant indicating a clerical error occurred when converting the email to a .pdf document which removed the original time. Respondents did not respond to the request.
No legal authority accompanied the request to admit supplemental evidence. There is no current motion pending as Student is not seeking reconsideration. However, the administrative record in this matter is currently open as the hearing has not concluded and a final decision on the merits of the consolidated case has not been issued. Student’s request to admit the supplemental evidence regarding the Ex Parte Memorandum is granted. The original email was identified as Student’s Exhibit “A” and this new email will be designated Exhibit “A-1” to Student’s motion.
No finding is made regarding the authenticity of the newly admitted evidence. Exhibit A-1 is supplemental and does not supplant the original Exhibit A which remains part of the record. As reconsideration has not been sought, the original order issued on March 12, 2019, remains in effect.
IT IS SO ORDERED.
DATE: March 28, 2019
JOY REDMON
Presiding Administrative Law Judge Office of Administrative Hearings