California OAH special education order · February 19, 2020
Order Requesting Submission of Audio Recording
OAH Case No. 2019080045 · ALJ Charles Marson
OAH asked Student to submit his own audio recording of a hearing morning because OAH's official recording of that session was defective, and asked the parties to stipulate it into the official record.
This case went to decision
Student v. Oakland Unified School District: Oakland Unified's unclear January 2018 IEP offer denied FAPE; staff training and IEP page numbering ordered, other claims denied. (2020)
Summary
While preparing the administrative record, OAH found that its audio recording of the morning of November 12, 2019 hearing session was defective and partly inaudible. Student had made his own recording of the hearing. On its own initiative, OAH asked Student to send copies of that recording to OAH and Oakland by February 26, 2020. It also asked the parties to stipulate that Student's recording may become part of OAH's official record.
Why it matters
A family's own recording of a due process hearing can fill gaps when OAH's official recording fails, which helps preserve a complete record for any appeal.
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,
v.
OAKLAND UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019080045
ORDER REQUESTING SUBMISSION OF AUDIO RECORDING
FEBRUARY 19, 2020
In the course of preparing the administrative record in this matter, OAH has learned that its recording of proceedings on the morning of November 12, 2019, is defective. For technical reasons, some of the proceedings can be heard on the audio but some cannot.
Student made an audio recording of the hearing. It is requested that on or before February 26, 2020, Student submit copies of his recording of the morning of November 12, 2019, to OAH and to Oakland, and that the parties stipulate that Student’s recording of that morning may become part of OAH’s official record of the matter.
Charles Marson Administrative Law Judge Office of Administrative Hearings