California OAH special education order · June 23, 2026
Student's Request to Admit Audio Video Recordings Is Denied Without Prejudice
OAH Case No. 2026021021 · ALJ Cynthia Fritz
OAH denied without prejudice Student's request to admit audio video recordings into evidence because it was premature; the hearing judge will decide whether exhibits are admissible at the hearing.
Summary
Parent, on behalf of Student, asked OAH to admit audio video recordings into evidence before the due process hearing. Vista Oaks Charter School did not respond. OAH denied the request without prejudice as premature. Both parties must list their exhibits in prehearing conference statements and upload them to OAH's electronic exhibit system at least five business days before the hearing, and the judge will rule on admissibility at the hearing.
Why it matters
Families cannot get evidence, including recordings, admitted ahead of time by motion. They should list recordings in the prehearing conference statement, upload them on time, and be ready to argue admissibility at the 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.
VISTA OAKS CHARTER SCHOOL.
OAH CASE NUMBER 2026021021
STUDENT’S REQUEST TO ADMIT AUDIO VIDEO
RECORDINGS IS DENIED WITHOUT PREJUDICE
JUNE 23, 2026
On May 11, 2026, Parent on behalf of Student filed a motion to admit audio video recordings into evidence in this matter. Vista Oak Charter School did not file a response.
The Office of Administrative Hearings, called OAH, set the prehearing conference in this matter for June 29, 2026, and the due process hearing to begin on July 7, 2026.
Student requests OAH to admit audio video recordings into evidence in this matter. At this time, the request is premature and denied. Both parties must file a prehearing conference statement three business days before the prehearing conference that lists all the exhibits the party intends to use at the time of hearing, among other things. Then, as will be discussed more fully at the June 29, 2026, prehearing conference, the parties will have the opportunity to upload the proposed exhibits to OAH’s electronic exhibit management system, no later than five business days before the hearing. Closer to the time of the prehearing conference, the parties will receive an electronic link to OAH’s electronic exhibit management system, that will enable them to register and upload their exhibits.
The administrative law judge assigned to this matter will then address the admissibility of the exhibits at the hearing and will determine, at that time, whether the proffered exhibits satisfy the applicable requirements for admission into evidence.
Thus, Student’s request to admit audio video recordings or any exhibits at this time is premature and denied, without prejudice.
IT IS SO ORDERED.
Cynthia Fritz Administrative Law Judge Office of Administrative Hearings