California OAH special education order · July 21, 2014

Order Denying Request to Augment the Administrative Record

OAH Case No. 2012100242, 2012100291 · ALJ Margaret Broussard

OAH denied Student's former attorney's request to augment the administrative record because he no longer represents Student, has no standing, and cited no authority.

Denied Other orders

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

Roger A. Greenbaum, Student's former attorney, asked OAH to augment the administrative record in these consolidated cases. He served the request on Student's current attorney and on Fresno Unified's attorney, and no one responded. OAH denied the request. It found that Mr. Greenbaum no longer represents Student, has no standing to ask OAH for any action, and gave no legal authority for his request.

Why it matters

Only a party or a party's current attorney of record can ask OAH to act in a case. A former attorney who wants something added to the record must go through current counsel, and any request should cite the authority that allows it.

People named in the order

Roger A. Greenbaum, Student's former attorney

Topics

administrative record standing former attorney consolidated cases augment record

Order details

OAH case number: 2012100242, 2012100291
Order date: July 21, 2014
Order type: Other orders
Ruling: Denied
Administrative law judge: Margaret Broussard
Moving party: Roger A. Greenbaum (Student's former attorney)
Case filed by: Student and District (consolidated)
Education agency: Fresno Unified School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

February 20, 2013: Order Following Prehearing Conference, Granting Motion to Withdraw as Counsel, Granting Continuance
May 20, 2013: Joint continuance granted; PHC reset to June 5, 2013 and hearing to June 24-27, 2013. (PDF)
June 7, 2013: Order Following Prehearing Conference
June 21, 2013: Continuance granted pending federal settlement enforcement; hearing reset to August 26, 2013. (PDF)
July 8, 2013: Order Finding Jurisdiction to Adjudicate District Issues G) and H) and Denying Student's Motion to D
August 23, 2013: Order Following Prehearing Conference and Partially Granting Continuance of Due Process Hearing
October 3, 2013: Order Regarding Correspondence With the Office of Administrative Hearings
October 8, 2013: Continued hearing set for October 28 to November 1, 2013; prehearing conference set for October 25, 2013. (PDF)
October 9, 2013: PHC on October 25, 2013 limited to the witness schedule; no PHC statements to be filed. (PDF)
December 3, 2013: Order Bifurcating Case
December 23, 2013: Order Denying Cross Motions for Sanctions
January 24, 2014: Remedies prehearing conference set for March 17, 2014, and hearing for April 3-4, 2014; status conference January 31. (PDF)
January 31, 2014: Status conference held; remedies hearing dates kept, assessment scheduled, next status conference February 21, 2014. (PDF)
March 18, 2014: Unopposed continuance granted; prehearing conference set April 14, 2014, hearing reset to May 8, 2014. (PDF)
April 14, 2014: Prehearing order sets May 8, 2014 compensatory education remedy hearing and exhibit and witness rules. (PDF)
April 17, 2014: Remedies phase of the bifurcated hearing opened to the public at Student's request. (PDF)
April 18, 2014: Unopposed continuance granted for district counsel's surgery; hearing reset to July 17-18, 2014. (PDF)
May 2, 2014: Order Denying Motion to Stay Remedies Portion of Bifurcated Hearing
July 8, 2014: Order Granting Request for Continuance and Setting Hearing Dates
July 21, 2014: Order Denying Request to Augment the Administrative Record
September 30, 2014: Notice of No Action and Order Concerning Communication With Administrative Law Judge
Decision (2014-09-16)

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 DENYING REQUEST TO

AUGMENT THE ADMINISTRATIVE

RECORD

On July 16, 2014, Roger A. Greenbaum filed a request to augment the administrative record in these consolidated matters. Mr. Greenbaum, Student’s former attorney, served the request on Student’s current attorney and the attorney for Fresno Unified School District. No responsive pleadings have been filed.

Mr. Greenbaum is not currently representing Student in these matters and has no standing to request any action be taken by the Office of Administrative Hearings in these matters. Mr. Greenbaum provided no authority under which his request should or could be granted. Therefore, the request to augment the administrative record in denied.