California OAH special education order · October 3, 2013
Order Regarding Correspondence With the Office of Administrative Hearings
OAH Case No. 2012100242, 2012100291 · ALJ Margaret Broussard
OAH directed Student's attorney to stop sending documents to its staff counsel and other staff. He emailed filings, which OAH does not accept, and misdirected a faxed opposition.
This case went to decision
Student v. Fresno Unified School District (consolidated): Fresno Unified must fund 55 months of individualized compensatory education through EvoLibri for a 22-year-old denied FAPE for 39 months. (2014)
Summary
Student's attorney, Roger Greenbaum, emailed several documents to OAH's staff counsel without being asked. OAH does not accept email filings. He later faxed an opposition to a sanctions motion and again addressed it to staff counsel and two other staff members. On its own motion, OAH ordered him to stop contacting staff counsel, to file only by fax or U.S. mail, and to send all documents in these cases to the assigned ALJ, Margaret Broussard, and, in any other case, to the assigned ALJ or simply to OAH.
Why it matters
Filings at OAH must go through proper channels, meaning fax or mail at the time of this order, and must be addressed to the assigned ALJ, not individual staff members. Emailed or misdirected documents may not count as filed and can lead to a formal admonishment.
People named in the order
- Roger Greenbaum, Attorney for Student and Parent
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2012100242
v.
FRESNO UNIFIED SCHOOL DISTRICT,
FRESNO UNIFIED SCHOOL DISTRICT, OAH CASE NO. 2012100291
v.
PARENT ON BEHALF OF STUDENT. ORDER REGARDING
CORRESPONDENCE WITH THE
OFFICE OF ADMINISTRATIVE
HEARINGS
On September 11, 2013, Mr. Roger Greenbaum, Attorney at Law, representing Student and Parent in the above captioned matters, submitted several documents to the Office of Administrative Hearings (OAH) via email. The emails were sent, unsolicited, to OAH’s staff counsel. These documents were incorrectly filed, as OAH does not accept filings via email. On October 1, 2013, Mr. Greenbaum faxed into OAH an opposition to a motion for sanctions. While the motion was filed properly by facsimile, Mr. Greenbaum again directed the document to OAH’s staff counsel, as well as two other staff members.
Mr. Greenbaum is hereby directed to refrain from contacting OAH’s staff counsel and to file documents with OAH via facsimile or US mail. All documents in the above captioned cases should be directed to ALJ Margaret Broussard and no other OAH staff member.
Mr. Greenbaum is further instructed to direct correspondence in any other case in front of OAH to the assigned ALJ, or if the case has not been assigned to an ALJ, simply to OAH. OAH will determine which staff member will receive the correspondence.
IT IS SO ORDERED.
Dated: October 03, 2013 /s/
MARGARET BROUSSARD
Administrative Law Judge Office of Administrative Hearings