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(6.59) Can written information be submitted to the ALJ? When must the district and parent submit their exhibits and witness lists?

(6.59) Can written information be submitted to the ALJ? When must the district and parent submit their exhibits and witness lists?

Both sides can submit exhibits (for example, letters of support, assessment reports, IEPs, etc.) and should do so. At least five business days before the hearing, you must make sure the district has:  (1) copies of all documents you intend to submit as exhibits at the hearing, and (2) a list of the potential witnesses you may call to testify at the hearing, along with a brief statement regarding what each witness will testify about. [34 C.F.R. Sec. 300.512(b)(1); Cal. Ed. Code Sec. 56505(e)(7).]

The ALJ may order an earlier exchange of information.

The district must receive these materials five business days before the hearing. Likewise, the district must submit its documents and list of witnesses to you at least five business days before the hearing. Any exhibits or written material exchanged less than five business days before the hearing canbe prevented by the ALJ from going into the record, and any witnesses whose names were not disclosed five business days before the hearing can be prevented from testifying. [34 C.F.R. Sec. 300.512; Cal. Ed. Code Secs. 56505.1(f) & 56505(e)(8).]

Therefore, you must be sure these documents and witness lists are in the hands of the other parties and the hearing office five business days prior to the hearing.

At least 10 days before the hearing, each side must submit to OAH and to each other a statement of: (1) the issues to be decided at the hearing, and (2) a proposed resolution of those issues. If you do not have an attorney, a mediator must help you identify the proposed issues and resolutions upon your request to OAH. [Cal. Ed. Code Sec. 56505(e)(6).] OAH may hold a pre-hearing conference and/or issue a “pre-hearing order” which changes the 10-day timeline and/or the detail of the statement required above.

You may not communicate with the ALJ outside the presence of the other side and you must send copies of any correspondence or other communications you have with OAH to the other side as well. [5 C.C.R. Secs. 3083 & 3084.]