California OAH special education order · October 26, 2023
Order Taking Official Notice of School Calendars
OAH Case No. 2023050586 · ALJ Brian H. Krikorian
ALJ announced intent to take official notice of District's 2021-2022 and 2022-2023 school calendars, which were not entered at hearing, because they provide relevant and necessary information.
This case went to decision
Student v. Chula Vista Elementary School District: Chula Vista Elementary must provide 131 hours of compensatory academic instruction; aide, accommodation, and reassessment claims denied. (2023)
Summary
After a three-day due process hearing in October 2023, the ALJ found that two exhibits had not been entered into evidence. These were the District's 2021-2022 and 2022-2023 school calendars (Exhibits 38 and 39). On OAH's own motion, the ALJ stated he intends to take official notice of them because they contain relevant and necessary information. Any party may object in writing within three court days; without an objection, the calendars will be admitted.
Why it matters
An ALJ can add public documents such as school calendars to the record after the hearing ends. Parties should watch for these notices and object quickly if they disagree.
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.
CHULA VISTA ELEMENTARY SCHOOL DISTRICT.
OAH CASE NUMBER 2023050586
ORDER TAKING OFFICIAL NOTICE OF SCHOOL
CALENDARS
OCTOBER 26, 2023
On October 10, 11 and 12, the undersigned Administrative Law Judge, referred to as an ALJ, held a due process hearing in the above referenced matter. The matter was continued to November 7, 2023, for submission of closing briefs, whereupon the record would be closed.
The following exhibits were not entered into evidence: Exhibit 38, 2021-2022 Chula Vista Elementary School District Calendar; and Exhibit 39, 2022-2023 Chula Vista Elementary School District Calendar. Because these exhibits provide relevant and necessary information, the undersigned ALJ intends to take official notice of Exhibits 38 and 39 and include them as part of the record.
Any party who objects to the foregoing should file a written objection no later than three court days following the date of this order. Absent objection, Exhibits 38 and 39 will be admitted into evidence.
IT IS SO ORDERED
Brian H. Krikorian Administrative Law Judge Office of Administrative Hearings