California OAH special education order · April 14, 2021
Order Denying Motion to Reopen Record
OAH Case No. 2020090441 · ALJ Linda Johnson
OAH refused to reopen the closed hearing record to admit Student's grade transcript, which was never disclosed before hearing, cited no legal authority, and would unfairly prejudice Long Beach without witness testimony.
This case went to decision
Student v. Long Beach Unified School District: Long Beach Unified must fund 39 compensatory hours for missed distance-learning aide support; six other claims denied. (2021)
Summary
After a five-day due process hearing ended and closing briefs were due, Student asked OAH to reopen the record to admit Student's sixth and seventh grade transcript. Student said the transcript would show Student did not attend extended school year, which bore on witness credibility. Long Beach opposed. OAH denied the motion because Student did not disclose the document at least five business days before hearing, no witness testified about it, Student cited no legal authority, and Student did not request the transcript until after the hearing ended. Any small value the transcript had was far outweighed by the prejudice to Long Beach of accepting it at face value with no testimony to explain it.
Why it matters
Families should gather and disclose all records they may need, including transcripts, at least five business days before hearing. OAH is unlikely to reopen a closed record for documents a party could have requested earlier.
Key authority cited
- Ed. Code, § 56505, subd. (e)(7)
- Ed. Code, § 56505, subd. (e)(8)
- Ed. Code, § 56505.1, subd. (f)
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.
LONG BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020090441
ORDER DENYING MOTION TO REOPEN RECORD
APRIL 14, 2021
The Office of Administrative Hearings, called OAH, held a due process hearing in this matter on March 9, 10, 11, 17, and 18, 2021. OAH then continued the matter to April 5, 2021, for closing briefs. On April 7, 2021, Student filed a motion to reopen the record to admit an additional document. On April 12, 2021, Long Beach Unified School District filed an opposition to Student’s motion.
Education Code, section 56505, subdivision (e), states that the parties to a due process hearing shall have certain rights, including, in pertinent part, the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents that the parties intend to present at the hearing, and the right to prohibit the introduction of any evidence at the hearing that has not been so disclosed.
(Ed. Code, § 56505, subds. (e) (7) and (8).) Education Code, section 56505.1, subdivision (f), states that the hearing officer during a hearing may bar introduction of any documents not so disclosed. (Ed. Code, § 56505.1, subd. (f).)
Here, Student seeks to introduce Student’s sixth and seventh grade transcript into the record, after the hearing record has closed, and without any testimony regarding the document. Student did not disclose the document to Long Beach at least five business days prior to the hearing, nor did Student elicit testimony from any witness about the document. Student did not offer even a scintilla of legal authority supporting the motion to reopen the record. Moreover, Student did not offer any explanation for not requesting the transcript sooner so it could have been discussed during the due process hearing. Student’s argument that he did not receive the transcript until after the hearing is not persuasive as Student did not request the record until after the hearing ended.
Student seeks to introduce the transcript to imply Student did not attend extended school year between sixth and seventh grades. Student acknowledges extended school year is not at issue, but rather argues this goes to witness credibility.
Any scant probative value the transcript may have is significantly outweighed by the extreme prejudice to Long Beach to take the transcript at face value without any witness testimony to explain the transcript. Therefore, Student’s motion is denied.
Linda Johnson Administrative Law Judge Office of Administrative Hearings