California OAH special education order · May 25, 2022
Order for Grossmont Union to Upload Admitted Exhibits to Online Evidence Program
OAH Case No. 2021100329 · ALJ Rommel P. Cruz
OAH ordered Grossmont Union to separately upload subpoenaed exhibits it had already gotten admitted, or have them excluded, because it had not followed the ALJ's earlier oral order to do so.
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
During the due process hearing, Grossmont Union got records produced by Dr. Jill Weckerly under a subpoena duces tecum admitted as exhibits D40 through D43. The records had been uploaded as one electronic file, so the ALJ could not stamp them separately, and Grossmont Union did not follow the ALJ's order to upload each one separately. The ALJ also renumbered one exhibit as D52 because another exhibit had been mistakenly marked D41. Grossmont Union was ordered to upload exhibits D40, D42, D43, and D52, with cover sheets, by noon on May 26, 2022, or the exhibits would be excluded from the record.
Why it matters
Getting an exhibit admitted is not enough. A party must also follow OAH's electronic evidence procedures, or evidence already admitted can be excluded from the record.
People named in the order
- Jill Weckerly, Ph.D., Witness; produced records under subpoena duces tecum
- Rose Tagnesi, Director of Special Education, Grossmont Union High School District
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 FOR GROSSMONT UNION TO UPLOAD ADMITTED
EXHIBITS TO ONLINE EVIDENCE PROGRAM
MAY 25, 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.
On May 5, 2022, following the testimony of Jill Weckerly, Ph.D., Grossmont Union moved to admit into evidence records produced by Dr. Weckerly pursuant to a subpoena duces tecum. The ALJ orally identified and admitted into evidence the exhibits as follows:
• D40, pages SDT27 to SDT42
• D41, pages SDT135 to SDT162
• D42, pages SDT312 to SDT327
• D43, pages SDT310 to SDT311
However, the ALJ was unable to stamp the exhibits separately in the electronic evidence program as the separate records were uploaded as one electronic file.
Accordingly, to allow the ALJ to stamp the exhibits separately, the ALJ ordered Grossmont Union to upload each of the above exhibits separately as part of Grossmont Union’s exhibits. That did not occur.
Furthermore, during the course of the hearing, another exhibit was mistakenly marked and admitted as D41. Therefore, the previously identified exhibit, D41, pages SDT135 to SDT162, will be remarked and identified as D52, pages SDT135 to SDT162.
Grossmont Union shall upload to the electronic evidence program in District Exhibits, exhibits D40, D42, D43, and D52, with cover sheets, no later than 12:00 PM on May 26, 2022. OAH will temporarily grant Grossmont Union’s attorneys access to upload the exhibits to the electronic evidence program. Failure to timely upload the exhibits will result in the exhibits being excluded from the record.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings