California OAH special education order · February 6, 2014
Order Granting Request to Continue Hearing
OAH Case No. 2013080675 · ALJ Deidre L. Johnson
OAH granted Student's mid-hearing request, over Los Gatos's objection, to continue the hearing so Parents could gather documents proving expenses for reimbursement, finding a merits-based resolution served justice.
This case went to decision
Student v. Los Gatos Union School District: Los Gatos Union must provide 88 hours of compensatory speech, math, and behavior services; private school reimbursement denied. (2014)
Summary
On the fourth day of hearing, Student asked for more time to prepare documents showing Parents' expenses in support of a reimbursement claim. Los Gatos opposed, arguing Student had left this evidence out of the exhibit binders and that the district had already examined witnesses without it. The ALJ granted the continuance because Los Gatos had received a spreadsheet of the claimed amounts more than a week earlier and already knew the amounts at issue. The hearing was reset to March 18-20, 2014, with updated witness and exhibit lists due March 10.
Why it matters
Families seeking reimbursement should have receipts and other proof of expenses in their exhibit binders before the hearing starts. Here, an ALJ was willing to allow a mid-hearing continuance to fix the gap, partly because the district already knew the claimed amounts, but families should not count on that.
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(c), (d)
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. 2013080675
v. ORDER GRANTING REQUEST TO
CONTINUE HEARING
LOS GATOS UNION ELEMENTARY
SCHOOL DISTRICT.
Hearing in this matter began on January 29, 2014, before Administrative Law Judge (ALJ) Deidre L. Johnson, Office of Administrative Hearings (OAH). The hearing continued on January 30, and February 4 and 5, 2014. During the hearing on February 5, 2014, Student requested to continue the remainder of the hearing. The Los Gatos Union Elementary School District (Los Gatos) opposed the request.
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).)
The ALJ reviewed the request for good cause on the record and considered all relevant facts and circumstances. Counsel for Student requested additional time to prepare documentary evidence of Parents’ expenditures in support of their request for reimbursement as a remedy in this case. Los Gatos opposed the request, arguing that Student failed to include such evidence in his exhibit binders, and Los Gatos would suffer prejudice because it has already examined multiple witnesses without the benefit of Student’s documentary evidence of costs and expenditures. However, Los Gatos received an excel spread sheet from Student on January 28, 2014, and has had knowledge of the amounts claimed for over a week, although unsupported by underlying documents. In weighing the equities, the ALJ determined that the interests of justice are served by a continuance to permit this case to be fully litigated on the merits. The request was therefore granted on the record.
ORDER
1. The hearing date of February 6, 2014, is vacated.
2. This matter is continued for completion of the hearing on March 18, 2014, at
9:30 a.m., and March 19 and 20, 2014, at 9:00 a.m.
3. The parties shall file with OAH and serve on each other their lists of proposed
witnesses and additional documentary evidence, if any, not later than 5:00 p.m. on Monday, March 10, 2014.
4. The parties shall meet and confer prior to the start of the continued hearing as
to the scheduling of witnesses and shall present their proposed schedule(s) at the outset of the hearing on March 18, 2014.
Dated: February 6, 2014 /s/
DEIDRE L. JOHNSON
Administrative Law Judge Office of Administrative Hearings