California OAH special education order · December 14, 2021
Order Clarifying That Pages D354 and D355 of District's Exhibit 25 Are Admitted
OAH Case No. 2021090530 · ALJ Elsa H. Jones
OAH confirmed that pages D354 and D355 of Madera Unified's Exhibit 25 are in evidence. They had been admitted without objection during testimony but were left out of the end-of-hearing exhibit review.
This case went to decision
Student v. Madera Unified School District: Madera Unified must fund 95 hours of one-to-one instruction, three independent assessments, and staff training; most claims denied. (2022)
Summary
During the hearing, Madera Unified moved pages D354 and D355 of its Exhibit 25 into evidence after testimony from employee Kathleen Kennedy, and Student's counsel did not object. On the last hearing day, when the parties and the ALJ went through which exhibits were admitted, those two pages were not mentioned. After reviewing the record, the ALJ issued an order on her own confirming that the pages are admitted. Either party could file a written objection within two business days.
Why it matters
The end-of-hearing exhibit review can miss items, and OAH may correct the record afterward. Parties should track every admission ruling and object promptly if they disagree with a correction.
People named in the order
- Kathleen Kennedy, Madera Unified employee; witness
- Elsa H. Jones, Administrative Law Judge
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.
MADERA UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2021090530
ORDER CLARIFYING THAT PAGES D354 AND D355 OF
DISTRICT’S EXHIBIT 25 ARE ADMITTED
DECEMBER 14, 2021
This due process hearing in this matter was held on November 9, 10, and 30, 2021, and December 1, 2, 3, and 8, 2021, before ALJ Elsa H. Jones of the Office of Administrative Hearings. On December 3, 2021, Kathleen Kennedy, a Madera Unified employee, testified at the hearing in two sessions, first during the morning, and second during the afternoon, regarding pages D354 and D355 of District’s Exhibit 25. Towards the conclusion of Ms. Kennedy’s testimony on that day, Madera Unified’s counsel moved into evidence pages D354 and D355 of District’s Exhibit 25, without objection by Student’s counsel, and those pages were received into evidence.
On December 8, 2021, the last day of hearing, the parties and the ALJ reviewed all of the exhibits to confirm which exhibits, or portions of exhibits, were marked as admitted or not admitted. At that time, the discussion of the contents of District’s Exhibit 25 focused only on other specific pages of the exhibit, and pages D354 and D355 of District’s Exhibit 25 were not mentioned. After reviewing the record, the ALJ clarifies that pages D354 and D355 of District’s Exhibit 25 should have been confirmed as admitted during that review of the exhibits, and they are hereby confirmed as admitted.
If any party objects to this Order, they may file and serve a written objection by no later than two business days from the date of this Order, and the other party shall have two business days after such service and filing to respond to the objection in writing. No additional papers, such as reply memoranda, shall be filed relating to this Order unless the ALJ grants permission.
IT IS SO ORDERED.
Elsa H. Jones Administrative Law Judge Office of Administrative Hearings