California OAH special education order · October 11, 2013
Order Denying Request for Continuance
OAH Case No. 2013100168 · ALJ Bob N. Varma
OAH denied Student's request to continue an expedited hearing because federal law requires expedited hearings within 20 school days, and OAH has no discretion to extend that deadline.
This case went to decision
San Leandro Unified School District v. Student: San Leandro Unified may move a student to Roosevelt Elementary's counseling enriched program for up to 45 school days. (2013)
Summary
Parent, on Student's behalf, filed a continuance request on a joint request form without first meeting and conferring with the District, and the District opposed. OAH explained that expedited due process hearings must be held within 20 school days of the complaint's filing. It said it has no discretion to grant a continuance that pushes the hearing past that deadline. The request was denied, and all mediation, prehearing conference, and hearing dates were confirmed.
Why it matters
In expedited cases, such as discipline-related disputes, families should be ready to go forward on the original schedule, because OAH cannot continue the hearing past 20 school days even for good cause. A continuance request should also not be filed on a joint form unless the parties have actually met and conferred.
Key authority cited
- 20 U.S.C. § 1415(k)(4)(B)
- 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
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:
SAN LEANDRO UNIFIED SCHOOL OAH CASE NO. 2013100168
DISTRICT,
ORDER DENYING REQUEST FOR
v. CONTINUANCE
PARENT ON BEHALF OF STUDENT.
On October 11, 2013, Parent, on behalf of Student (Student), filed a request to continue the dates in this matter. Student used a joint request for continuance form, but did not meet and confer with the San Leandro Unified School District (District). On October 11, 2013, District filed an opposition to Student’s request for continuance.
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.) However, when a matter is filed as an expedited due process hearing case, the Office of Administrative Hearings (OAH) has to hold a due process hearing within 20 school days of the filing of the case. (20 U.S.C. § 1415(k)(4)(B).) OAH has no discretion to grant a continuance that would result in the due process hearing being held beyond 20 school days from the filing of the complaint. This case is subject to an expedited due process hearing schedule.
Accordingly, Student’s request to continue the dates in this matter is denied. All mediation, prehearing conference and due process hearing dates are confirmed.
IT IS SO ORDERED.
Dated: October 11, 2013 /s/
BOB N. VARMA
Presiding Administrative Law Judge Office of Administrative Hearings