California OAH special education order · October 23, 2023
Order Concerning Admission Into Evidence of District's Exhibit 19
OAH Case No. 2023060486 · ALJ Christine Arden
OAH will admit District's Exhibit 19, the June 7, 2022 amendment IEP, unless a party objects by October 26, 2023, because the ALJ mistakenly stamped it 'Admitted' in Case Center.
This case went to decision
Student v. Palo Alto Unified School District: Palo Alto Unified must reimburse nonpublic school costs and fund placement at Esther B. Clark School after denying FAPE for two years. (2023)
Summary
During the hearing, the ALJ mistakenly stamped District's Exhibit 19, the June 7, 2022 amendment IEP, as 'Admitted' in the Case Center software. The exhibit actually admitted at District's request on October 10, 2023 was Student's Exhibit 19, which had already been admitted on September 26, 2023. Because the parties likely assumed District's Exhibit 19 was already in evidence, the ALJ said she will admit it unless a party files an objection by noon on October 26, 2023. If anyone objects, a hearing will be set on the issue.
Why it matters
Parties should regularly check the record of admitted exhibits during a hearing. Labeling mistakes in electronic exhibit systems can affect what evidence the ALJ considers, and a party that misses a short objection deadline may lose the chance to object.
People named in the order
- Johnson, Attorney (examining counsel)
- Nestor Ramos, Witness
- Christine Arden, 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.
PALO ALTO UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2023060486
ORDER CONCERNING ADMISSION INTO EVIDENCE OF
DISTRICT’S EXHIBIT 19
OCTOBER 23, 2023
The Administrative Law Judge, called the ALJ, inadvertently stamped “Admitted”
on District’s Exhibit number 19 (the June 7, 2022 Amendment IEP) in the Case Center software, whereas Student’s Exhibit 19 was the actual exhibit which was admitted into evidence at District’s request in the afternoon of October 10, 2023, during attorney Johnson’s examination of witness Nestor Ramos. Student’s Exhibit number 19 had previously been admitted into evidence on September 26, 2023 at District’s request.
Due to the erroneous “Admitted” Stamp appearing on District’s Exhibit 19, the parties likely assumed District’s Exhibit 19 had already been admitted into evidence.
Therefore, due to the above-described circumstances, the ALJ will admit District’s Exhibit 19 into evidence unless a party files an objection with the Office of Administrative Hearings by noon on October 26, 2023. If such an objection filed, the ALJ will schedule a hearing to address the admission of District’s Exhibit 19 into evidence.
IT IS SO ORDERED
Christine Arden Administrative Law Judge Office of Administrative Hearings