California OAH special education order · October 29, 2020
Order Supplementing Official Audio Recording
OAH Case No. 2020090640 · ALJ Claire Yazigi
OAH supplemented its official hearing record with Western Placer's audio recording of 13 minutes the official recording missed during Parent's cross-examination, after Student raised no objection and the ALJ confirmed its accuracy.
This case went to decision
Western Placer Unified School District v. Student: Western Placer Unified's initial multidisciplinary assessment of a preschooler upheld; parents' request for a publicly funded IEE denied. (2020)
Summary
On the last day of hearing, OAH's official audio recording failed for about 13 minutes during Western Placer's cross-examination of Parent. Western Placer had been recording the hearing at the same time, and Student had not. The ALJ ordered the District to upload its recording and gave Student a deadline to object to its accuracy. Student did not object, and the ALJ reviewed the recording and found it accurate, so the official record was supplemented with the District's recording, uploaded as District's Exhibit 13.
Why it matters
If OAH's official recording fails, a party's own recording can fill the gap in the record, so families may want to make their own recording of hearings where allowed. Families should also review any substitute recording carefully and object by the deadline if it is inaccurate.
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:
WESTERN PLACER UNIFIED SCHOOL DISTRICT,
v.
PARENT ON BEHALF OF STUDENT.
OAH CASE NUMBER 2020090640
ORDER SUPPLEMENTING OFFICIAL AUDIO RECORDING
OCTOBER 29, 2020
On October 23, 2020, during the fourth and final day of hearing in the above- mentioned matter, the official OAH audio recording failed to record for approximately 13 minutes during Western Placer’s cross examination of Parent. Western Placer was making a simultaneous recording of the proceedings on October 23, 2020; Student was not. The undersigned ordered that:
1. Western Placer upload its audio recording of the approximately 13 minutes of
proceedings with OAH by close of business on October 23, 2020; and
2. Student review the audio file for accuracy and submit any objection thereto in
writing to OAH no later than 3:00 pm on Tuesday, October 27, 2020.
Western Placer uploaded its audio file to Caselines as District’s Exhibit 13 before close of business on October 23, 2020. Student did not submit any objection to the accuracy of Western Placer’s audio recording. The undersigned has also reviewed the entirety of Western Placer’s audio recording for accuracy, which is a true and correct record of the proceedings. The official OAH recording in this matter shall be supplemented with Western Placer’s October 23, 2020 audio recording uploaded to Caselines as District’s Exhibit 13.
IT IS SO ORDERED.
{{sig1_es_:signer1:signature}} Claire Yazigi Claire Yazigi (Oct 28, 2020 16:06 PDT)
Claire Yazigi Administrative Law Judge Office of Administrative Hearings