California OAH special education order · May 21, 2025
Order Granting Request to Upload IEP Team Meeting Audio Recordings to Case Center
OAH Case No. 2025041265 · ALJ Ashok Pathi
OAH let Cupertino upload IEP team meeting audio recordings to Case Center, and let Student do the same, but required any upload to be a complete recording of the entire meeting.
This case went to decision
Student v. Cupertino Union School District: Cupertino Union had basis of knowledge about a TK student's disability, but no manifestation review was required; no remedy ordered. (2025)
Summary
The expedited prehearing conference order said recordings, including IEP team meeting recordings, could not be uploaded without the ALJ's permission. Cupertino asked to upload portions of the November 19, 2024, IEP team meeting recording and showed good cause for the late request. Student did not respond. OAH granted the request and allowed both parties to upload IEP meeting recordings, on the condition that any recording uploaded must cover the entire meeting. OAH made no ruling on whether the recordings will be admitted as evidence; that must be requested at hearing.
Why it matters
A party cannot upload only selected excerpts of an IEP meeting recording; the whole meeting must go in. Getting permission to upload a recording does not mean it will be admitted as evidence, so families should be ready to argue admissibility at hearing.
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.
CUPERTINO UNION SCHOOL DISTRICT.
OAH CASE NUMBER 2025041265
ORDER GRANTING REQUEST TO UPLOAD IEP TEAM
MEETING AUDIO RECORDINGS TO CASE CENTER
MAY 21, 2025
On April 29, 2025, Student filed a request for due process hearing, called a complaint, with the Office of Administrative Hearings, called OAH, naming Cupertino Union School District. OAH determined that Student’s complaint included issues subject to the expedited hearing procedures under special education law.
On May 19, 2025, OAH conducted an expedited prehearing conference. On May 20, 2025, OAH issued its order following the expedited prehearing conference, or PHC.
That Order stated in relevant part, “Recordings may not be uploaded electronically without the [administrative law judge’s] permission.” This portion of the Order includes recordings of individualized education program, called IEP, team meetings.
On May 20, 2025, Cupertino filed a request to upload portions of an audio recording of the November 19, 2024, IEP team meeting. Cupertino established good cause for filing the motion following the May 19, 2025 PHC. Student did not respond to Cupertino’s request prior to the undersigned issuing this Order.
Cupertino’s request is granted. Cupertino may upload audio recordings of IEP team meetings, including the November 19, 2024, IEP team meeting, to Case Center.
Student may also upload such recordings if he chooses. If either party uploads an IEP team meeting audio recording, they must upload a complete recording of the entire IEP team meeting.
As a reminder to the parties, any request to admit any IEP team meeting audio recordings into evidence must be made during the hearing. Accordingly, this Order makes no rulings as to the admissibility of any IEP team meeting audio recordings, or any other evidentiary objections the parties may raise if an IEP team meeting audio recording offered into evidence.
IT IS SO ORDERED.
Ashok Pathi Administrative Law Judge Office of Administrative Hearings