California OAH special education order · February 8, 2023
Order to Meet and Confer Regarding the Completion of the Administrative Record
OAH Case No. 2020060992 · ALJ Judith Pasewark
OAH ordered the parties to meet and confer by February 15, 2023, and propose how to complete the hearing record, after finding one day's recordings inaudible and one morning's transcript missing.
This case went to decision
Student v. Bass Lake Joint Union Elementary School District: Bass Lake Joint Union must fund 500 compensatory hours for a medically fragile preschooler after unclear IEP offers and undelivered services. (2020)
Summary
Student asked for a certified copy of the hearing audio recordings and transcript about two years after OAH issued its Amended Decision. While preparing the transcript, OAH found that the October 27, 2020 recordings were inaudible and the transcript for the morning of October 22, 2020 was missing. That missing material included testimony from a speech-language pathologist and Bass Lake's special education coordinator. On its own motion, OAH ordered the parties to meet and confer and file a proposed solution, which could include using either party's own recordings, supported by sworn declarations.
Why it matters
Gaps in OAH's official hearing record can surface long after a decision, often when a family seeks the transcript for an appeal. Parties should keep their own recordings and notes of the hearing, since OAH may rely on them to rebuild the record.
People named in the order
- Kellie Henkel, Speech and language pathologist who administered Student's augmentative communication assessment; witness
- Diane Hagood, Special education coordinator, Bass Lake; 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:
PARENTS ON BEHALF OF STUDENT,
v.
BASS LAKE JOINT UNION ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2020060992
ORDER TO MEET AND CONFER REGARDING THE
COMPLETION OF THE ADMINISTRATIVE RECORD
FEBRUARY 8, 2023
On February 5, 2021, the Office of Administrative Hearings, called OAH, issued the Amended Decision in this case. On January 4, 2023, Student requested a certified copy of the hearing audio recordings and transcript.
OAH began the transcription process and discovered that the recordings for October 27, 2020, are inaudible, and the transcript for the morning session of October 22, 2020 is missing. The Administrative Law Judge’s hearing notes indicate that Kellie Henkel, the speech and language pathologist who administered Student’s augmentative communication assessment, testified, as well as Diane Hagood, special education coordinator for Bass Lake. The Administrative Law Judge’s notes further indicated that Hagood completed her testimony on October 27, 2020, as the sole witness that day.
ORDER
No later than February 15, 2023, 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.
Judith Pasewark Administrative Law Judge Office of Administrative Hearings