California OAH special education order · February 22, 2019
Order Requiring Student's Counsel to Destroy Audio Recording of Closed Hearing
OAH Case No. 2018120367 · ALJ Laurie Gorsline
OAH ordered Student's former law firm to immediately destroy its audio recording of the closed hearing, because the firm withdrew as counsel and the recording was allowed only for counsel's own hearing preparation.
This case went to decision
Bellflower Unified School District v. Student: Bellflower Unified fails to prove its February 2018 initial IEP offered FAPE; the IEP cannot be implemented without parent consent. (2019)
Summary
Bellflower filed for due process. At hearing, the ALJ let Student's counsel audio record the closed hearing under strict conditions. The recording was for counsel's personal use only, could not be shared with anyone including the parties, and had to be destroyed at dismissal or within 90 days of the decision. On the first day, counsel withdrew and Parents chose not to defend the case. OAH then ordered Timothy A. Adams & Associates and attorney Lauren-Ashley Caron to immediately destroy the recording and any copies, and barred them from using, playing, or sharing it.
Why it matters
Permission to record a closed special education hearing is tightly limited and tied to counsel's role in the case. Once an attorney withdraws, OAH may require the recording to be destroyed right away, and parents should not expect to get a copy through counsel.
People named in the order
- Matthew Adair, Program Administrator, Bellflower Unified School District
- Lauren-Ashley Caron, Student's former attorney
- Eric Bathen, District attorney
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:
BELLFLOWER UNIFIED SCHOOL OAH Case No. 2018120367
DISTRICT ,
ORDER REQUIRING STUDENT’S
v. COUNSEL TO DESTROY AUDIO
RECORDING OF CLOSED HEARING
PARENT ON BEHALF OF STUDENT.
Bellflower Unified School District filed a due process hearing request with the Office of Administrative Hearings on December 11, 2018. On December 21, 2019, OAH continued Bellflower’s case for good cause.
Administrative Law Judge Laurie Gorsline heard this matter in Bellflower, California on February 19, 20 and 21, 2019.
Attorney Eric Bathen represented Bellflower. Program Administrator Matthew Adair attended all days of hearing. Lauren-Ashley Caron represented Student on the first day of hearing.
Parents did not attend the hearing. Student did not attend the hearing.
After the hearing commenced and pursuant to the prehearing conference order, the ALJ granted Student’s counsel permission to audio record the closed hearing, subject to numerous conditions, including that the audio recording was only for counsel’s personal use and could be used only for review and preparation of the hearing, that it could not be shared with anyone, including the parties, and that it be destroyed upon the earlier of either dismissal of the matter or within 90 days of issuance of the decision in this case.
Later, on the first day of hearing, Student’s counsel notified the ALJ that she was intending to withdraw as counsel for Student, that Parents did not want to defend the case, and that Parents did not want anyone to appear on behalf of Student.
During a break in the proceedings on the first day of hearing, Student’s counsel filed a Notice of Withdrawal of Counsel. On February 20, 2019, Student’s counsel filed a Corrected Notice of Withdrawal of Counsel, and the Declarations of Lauren-Ashley Caron and Parent. The Corrected Notice stated that Student’s counsel was withdrawing as counsel in this matter. Parent’s declaration stated that Parents were aware of their rights to retain counsel and defend the case, but had chosen not to defend the case, and that Parent was aware the hearing would proceed on February 20, 2019 whether or not Parents appeared. Ms. Caron’s declaration stated that she had advised Parents of their right to defend the case, but Parents had chosen not to defend the case, and that Parents were aware the hearing would proceed as scheduled on February 20, 2019, whether or not Parents were in attendance. No one appeared on behalf of Student at the hearing on February 20 and 21, 2019.
Timothy A. Adams & Associates, APLC has withdrawn as Student’s counsel in this matter.
Accordingly, Timothy A. Adams & Associates, APLC, including Attorney Lauren-Ashley Caron are ordered to immediately destroy the audio recording made during the closed hearing on February 19, 2019, as well as all derivative(s) thereof, and are prohibited from using, playing or disseminating the audio recording or any derivative thereof.
IT IS SO ORDERED.
DATE: February 22, 2019
LAURIE GORSLINE
Administrative Law Judge Office of Administrative Hearings