California OAH special education order · June 19, 2014

Order Granting Request for Continuance and Setting Prehearing Conference and Due Process Hearing

OAH Case No. 2014020175 · ALJ Peter Paul Castillo

OAH granted District's opposed continuance to September 2014. Student's amended complaint had pushed the hearing to July, when many relevant District witnesses were unavailable, and Student showed insufficient prejudice.

Granted Scheduling and continuances

This case went to decision

Student v. Ross Valley School District: Ross Valley must pay $45,380 for a year at STAR Academy because its 2013 IEP lacked behavior and counseling supports. (2014)

Summary

District asked to continue the July 14, 2014 hearing because numerous relevant witnesses were unavailable until the start of the 2014-2015 school year. Student opposed, arguing the delay was prejudicial and that District witnesses were available. OAH granted the request. It found that Student's amended complaint had moved the hearing from June to July and made previously available witnesses unavailable, and that Student did not show enough prejudice from a delay to early September. The prehearing conference was set for August 22, 2014, and the hearing for September 2-4, 2014.

Why it matters

Filing an amended complaint restarts the timeline and can push the hearing into summer, when school staff are often unavailable. That can support a district's request for a continuance, so parents should weigh that timing risk before amending.

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)
Cal. Rules of Court, rule 3.1332(d)

Topics

continuance amended complaint witness unavailability good cause prejudice summer break

Order details

OAH case number: 2014020175
Order date: June 19, 2014
Order type: Scheduling and continuances
Ruling: Granted
Administrative law judge: Peter Paul Castillo
Moving party: District
Case filed by: Student
Education agency: Ross Valley School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

March 24, 2014: Continuance granted for unavailable witness; PHC reset to May 9, hearing to May 19–22, 2014. (PDF)
May 9, 2014: PHC order sets May 19–22, 2014 hearing on 2013-2014 FAPE; Mother may testify by phone. (PDF)
May 16, 2014: Order Granting Request for Continuance and Setting Further Prehearing Conference and Due Process Hea
May 19, 2014: Order Granting Motion to Amend Complaint
June 19, 2014: Order Granting Request for Continuance and Setting Prehearing Conference and Due Process Hearing
August 22, 2014: Prehearing order sets September 2014 hearing, frames issues, and allows Mother's telephonic testimony and accommodations. (PDF)
Decision (2014-11-07)

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. 2014020175

v. ORDER GRANTING REQUEST FOR

CONTINUANCE AND SETTING

ROSS VALLEY SCHOOL DISTRICT. PREHEARING CONFERENCE AND

DUE PROCESS HEARING

On June 6, 2014, Ross Valley School District filed with the Office of Administrative Hearings a request to continue the initially set dates in this matter, after Student’s filing of his amended complaint, based upon unavailability of witnesses for the July 14, 2014 hearing date. On June 18, 2014, Student opposed the request based upon prejudice to Student for delaying the hearing, and that District witnesses are available for hearing.

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:

Granted. All dates are vacated. District established unavailability of numerous, relevant witnesses through the start of the 2014-2015 school year. Student’s amended complaint, moved the hearing from the continued dates of June 10 – 12, 2014, to July 14, 2014, and caused previously available witnesses to be unavailable. Student failed to establish sufficient prejudice caused by continuing the hearing until the beginning of September 2014. This matter will be set as follows:

Prehearing Conference: August 22, 2014, at 1:00 PM Due Process Hearing: September 2, 2014, at 1:30 PM and September 3 and 4, 2014, at 9:00 AM, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.