California OAH special education order · May 17, 2022
Order Admitting Into Evidence Academic Calendars Exhibits D33 and D34
OAH Case No. 2021100329 · ALJ Rommel P. Cruz
OAH admitted Grossmont Union's 2020-2021 and 2021-2022 school calendars into evidence after the hearing, because they were included in the exhibits but never formally moved into evidence.
This case went to decision
Student v. Grossmont Union High School District: Grossmont Union prevails on all three claims; ALJ finds its Santana High special day class offer clear, comparable, and appropriate. (2022)
Summary
After a seven-day due process hearing, the ALJ noticed that Grossmont Union's school calendar exhibits for the 2020-2021 (D33) and 2021-2022 (D34) school years were in the exhibit binder but were never moved into evidence. On its own motion, OAH announced it would receive both calendars into the hearing record. Either party could file an objection by 5:00 p.m. on May 20, 2022.
Why it matters
Exhibits are not part of the record just because they are in the binder; a party must move them into evidence. An ALJ may fix the gap after the hearing for basic documents like school calendars, but parties get a chance to object.
People named in the order
- Rommel P. Cruz, Administrative Law Judge
- Wendy Dumlao, Student's attorney
- Erica Mortenson, Student's attorney
- Sarah Sutherland, District's attorney
- Whitney Antrim, District's attorney
- Rose Tagnesi, Director of Special Education, Grossmont Union
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.
GROSSMONT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2021100329
ORDER ADMITTING INTO EVIDENCE ACADEMIC
CALENDARS EXHIBITS D33 AND D34
MAY 17, 2022
On May 3, 4, 5, 9, 11, 12, and 13, 2022, Administrative Law Judge Rommel P. Cruz held a due process hearing in this matter. Attorneys Wendy Dumlao and Erica Mortenson represented Student. Parents attended all hearing days on Student’s behalf.
Attorneys Sarah Sutherland and Whitney Antrim represented Grossmont Union High School District. Director of Special Education Rose Tagnesi attended all hearing days on Grossmont Union’s behalf.
Pursuant to the April 25, 2022 Order Following Prehearing Conference for Hearing by Videoconference, Grossmont Union included in its exhibits, copies of the school calendars for the 2020-2021 school year, marked as exhibit D33, and the 2021- 2022 school year, marked as exhibit D34. However, D33 and D34 were not moved into evidence at the hearing.
The Office of Administrative Hearings will receive into evidence D33 and D34 as part of the due process hearing record in this matter. Any objection by the parties shall be filed with the Office of Administrative Hearings no later than 5:00 PM on May 20, 2022.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings