California OAH special education order · May 23, 2013
Order Denying Request for Continuance
OAH Case No. 2013010236 · ALJ Theresa Ravandi
OAH denied Student's request to continue the hearing to obtain a Certified Deaf Interpreter for Parent. The case already had two continuances, and Student did not adequately describe Parent's impairment or need for the accommodation.
This case went to decision
Student v. New Haven Unified School District: New Haven Unified prevails on all claims involving interpreters for a deaf parent, waived assessments, and IEP goals. (2013)
Summary
Student asked OAH to provide Parent a Certified Deaf Interpreter in addition to American Sign Language interpreters. OAH had already denied that request without prejudice and treated it as a possible motion to continue the May 29, 2013 hearing. The District did not respond. OAH denied the continuance because the case was filed in January 2013, two continuances had already been granted, and Student gave too little description of Parent's impairment and need for the accommodation. All hearing dates were confirmed.
Why it matters
Families who need a special interpreter or other accommodation for a parent should ask early and explain the parent's specific impairment and why the accommodation is needed. A vague request made close to the hearing date, after earlier continuances, is unlikely to delay the hearing.
Key authority cited
- 34 C.F.R. § 300.515(a) & (c)
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Code Regs., tit. 1, § 1020
- Cal. Rules of Court, rule 3.1332
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:
PARENT ON BEHALF OF STUDENT, OAH CASE NO. 2013010236
v. ORDER DENYING REQUEST FOR
CONTINUANCE
NEW HAVEN UNIFIED SCHOOL
DISTRICT.
On May 16, 2013, Student filed with the Office of Administrative Hearings (OAH) a request that OAH provide Parent a Certified Deaf Interpreter (CDI) in addition to American Sign Language Interpreters at the due process hearing set to commence May 29, 2013. On May 20, 20130, OAH denied Student’s request for a CDI, without prejudice, and noted that to the extent Student’s request may also be considered a motion to continue, OAH will withhold ruling on the continuance request for three business days. OAH has not received a response from the New Haven Unified School District (District).
A due process hearing must be conducted and a decision rendered within 45 days of receipt of the due process notice unless an extension is granted for good cause. (34 C.F.R. § 300.515(a) & (c) (2006); Ed. Code, §§ 56502, subd. (f), 56505, subd. (f)(3); Cal. Code Regs., tit. 1, § 1020.) As a result, continuances are disfavored. Good cause may include the unavailability of a party, counsel, or an essential witness due to death, illness or other excusable circumstances; substitution of an attorney when the substitution is required in the interests of justice; a party’s excused inability to obtain essential testimony or other material evidence despite diligent efforts; or another significant, unanticipated change in the status of the case as a result of which the case is not ready for hearing. (See Cal. Rules of Court, rule 3.1332(c).) OAH considers all relevant facts and circumstances, including the proximity of the hearing date; previous continuances or delays; the length of continuance requested; the availability of other means to address the problem giving rise to the request; prejudice to a party or witness as a result of a continuance; the impact of granting a continuance on other pending hearings; whether trial counsel is engaged in another trial; whether the parties have stipulated to a continuance; whether the interests of justice are served by the continuance;
and any other relevant fact or circumstance. (See Cal. Rules of Court, rule 3.1332(d).)
OAH has reviewed the request for good cause and considered all relevant facts and circumstances. The request is:
Denied. Student originally filed a request for a due process hearing on January 8, 2013, and OAH has granted two prior continuances. Student has failed to provide a sufficient description of Mother’s impairment and her need for the requested accommodation, to justify a further continuance.
All hearing dates are confirmed and shall proceed as calendared.
IT IS SO ORDERED.
Dated: May 23, 2013 /s/
THERESA RAVANDI
Administrative Law Judge Office of Administrative Hearings