California OAH special education order · March 9, 2020
Order to Meet and Confer Regarding the Completion of the Administrative Record
OAH Case No. 2019090404 · ALJ Deborah Myers-Cregar
OAH ordered the parties to meet and confer and propose how to complete the hearing record after it found parts of the official audio recordings inaudible during transcription.
This case went to decision
Student v. Santa Monica-Malibu Unified School District: Santa Monica-Malibu Unified must fund two years of Pivotal Response Training after an aide used aversive techniques on a student (2020)
Summary
After OAH issued its Decision, both Student and the District requested certified copies of the hearing audio recordings and transcript. During transcription, OAH found two inaudible sections. The first was part of witness Ernestine Silvestre's testimony on December 3, 2019. The second was Dr. Pam Herkner's testimony and the oath and response of witness Neil Abramson on December 11, 2019. OAH ordered the parties to meet and confer and file a proposed solution by March 13, 2020, at noon, with sworn declarations supporting any factual claims. The solution may include recordings either party made during the hearing.
Why it matters
OAH's official recordings can fail, which matters if a party appeals the decision to court on the administrative record. Families and advocates should consider keeping their own recording of the hearing as a backup.
People named in the order
- Ernestine Silvestre, Witness
- Kristin Myers, Attorney who conducted cross-examination (name spelled "Krisitn" in the order)
- Dr. Pam Herkner, Witness
- Neil Abramson, Witness
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.
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019090404
ORDER TO MEET AND CONFER REGARDING THE
COMPLETION OF THE ADMINISTRATIVE RECORD
MARCH 09, 2020
On February 18, 2020, the Office of Administrative Hearings issued the Decision in this case. On February 24, 2020, Student requested a certified copy of the hearing audiorecordings and transcript. On February 27, 2020, Santa Monica-Malibu Unified School District also requested a certified copy of the hearing audiorecordings and transcript.
The Office of Administrative Hearings began the transcription process and discovered that two sections of the audiorecordings were inaudible. First, on December 3, 2019, at approximately 1:00 p.m., the testimony of witness Ernestine Silvestre during Ms. Krisitn Myers’s cross-examination; and second, on December 11, 2019, the testimony of witness Dr. Pam Herkner, and including and the administration of the oath to witness Neil Abramson, and his response.
ORDER
No later than March 13, 2020 at 12:00 p.m., the parties shall meet and confer, and shall file their proposed solution to complete the administrative record, which may include using any recording made by either party during the hearing. Each party shall include sworn declarations to support any factual arguments included in its briefing.
IT IS SO ORDERED.
Deborah Myers-Cregar Administrative Law Judge Office of Administrative Hearings