California OAH special education order · February 14, 2025
Order for In Camera Inspection of Exhibit D58
OAH Case No. 2025010625 · ALJ Charles Marson
ALJ ordered a private in camera review of the original, unredacted incident video (Exhibit D58) because the parties disputed whether Atascadero's redactions changed the video's meaning.
This case went to decision
Student v. Atascadero Unified School District: ALJ reverses Atascadero Unified's manifestation determination, finding a fight was tied to the student's emotional disability. (2025)
Summary
Exhibit D58 is a video of the incident that led to this expedited hearing, and the parties disputed whether Atascadero's redactions had altered the exhibit or changed its significance. The ALJ ordered Atascadero's counsel to show the original unredacted video to the ALJ alone in a closed, unrecorded Zoom session on February 20, 2025, before the hearing convenes. The ALJ will make written findings about the exhibit in a separate order or in the Expedited Decision. Any objection to these procedures had to be filed by noon on February 19, 2025.
Why it matters
When a district redacts video evidence, often to protect other students' privacy, a parent can challenge whether the redactions distort what happened. The ALJ can review the unredacted original privately to settle that dispute.
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 INVOLVING:
PARENT ON BEHALF OF STUDENT,
and
ATASCADERO UNIFIED SCHOOL DISTRICT,
OAH CASE NUMBER 2025010625
ORDER FOR IN CAMERA INSPECTION OF EXHIBIT D58
FEBRUARY 14, 2025
Exhibit D58 is a video of the incident that gave rise to this hearing. The parties dispute whether Atascadero’s redactions of the video have inadvertently altered or changed the significance of the exhibit.
The ALJ will examine the original unredacted video of D58 in camera as follows:
1. OAH will send a link for a closed Zoom meeting to occur at 9:00 a.m. on
Thursday, February 20, 2025.
2. The Zoom link will be sent only to counsel for Atascadero.
3. Counsel for Atascadero will be prepared to show the original unredacted
video to the ALJ between 9:00 a.m. and 9:30 a.m. on February 20, 2025. Only the ALJ and representatives of Atascadero will be allowed to participate. The event will not be recorded.
4. The ALJ will make written findings concerning Exhibit D58 in a separate order
or in the Expedited Decision.
5. The expedited due process hearing will otherwise convene as scheduled at
9:30 a.m. on February 20, 2025. A different Zoom link will be used for the day’s proceedings.
6. Any objection to these procedures shall be filed and served by noon on
Wednesday, February 19, 2025.
IT IS SO ORDERED.
Charles Marson Administrative Law Judge Office of Administrative Hearings