California OAH special education order · June 30, 2014

Order Denying Request for Continuance

OAH Case No. 2014051114 · ALJ Richard T. Breen

OAH denied Student's opposed request for a 60-day continuance because a conflict with a sibling's hearing and a wish to attend mediation did not show good cause for that long a delay.

Denied Scheduling and continuances

This case went to decision

Student v. Pasadena Unified School District: Pasadena Unified must add a one-to-one aide, social skills group and intensive counseling plus 81 compensatory hours; other claims denied. (2014)

Summary

Student asked to continue the hearing about 60 days. Student gave three reasons: Student's attorney had another hearing starting the next day, Student wanted to attend mediation, and the case needed more than one hearing day. District opposed. OAH denied the request and confirmed all dates. It noted that the conflicting case involved Student's sibling and was filed the same day, a fact the attorney did not mention. Any sequencing of the two hearings could be handled at the prehearing conferences, and mediation is voluntary and could be held before or on the first day of hearing.

Why it matters

Continuances are disfavored, so a scheduling conflict with a related sibling case or a hope of mediating will not justify a long delay. Requests should be candid about related matters and ask only for the time actually needed.

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

continuance good cause attorney scheduling conflict sibling cases mediation

Order details

OAH case number: 2014051114
Order date: June 30, 2014
Order type: Scheduling and continuances
Ruling: Denied
Administrative law judge: Richard T. Breen
Moving party: Student
Case filed by: Student
Education agency: Pasadena Unified School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

June 30, 2014: Order Denying Request for Continuance
July 11, 2014: Order Following Prehearing Conference, Continuing the Prehearing Conference and Due Process Hearing
September 10, 2014: Prehearing order sets issues and hearing for September 15, 2014, at District offices; telephonic witness allowed. (PDF)
September 12, 2014: Order Denying Student's Request to Change Start Time of Hearing
September 12, 2014: District's untimely second request to change hearing location denied; hearing proceeds at Burbank Complex, Altadena. (PDF)
Decision (2014-10-29)

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. 2014051114

v. ORDER DENYING REQUEST FOR

CONTINUANCE

PASADENA UNIFIED SCHOOL

DISTRICT.

On June 26, 2014, Student filed a request to continue the hearing for approximately 60 days on the ground that Student’s attorney was scheduled to represent another Student in a hearing that started the day after the scheduled hearing in this case, that Student wanted to attend mediation, and that more than one day was needed for hearing. Student’s attorney did not note that the other matter cited as a conflict involves Student’s sibling, and was filed the same day as the instant matter. District opposed the request as not presenting good cause.

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. All prehearing conference and hearing dates are confirmed and shall proceed as calendared. Student’s attorney did not demonstrate good cause for a continuance of approximately 60 days. While the schedules of both hearings may need to be adjusted to have both sibling matters heard sequentially, no good cause reason was given to delay 60 days in this matter. Similarly, Student’s desire to attend mediation does not justify a continuance. Mediation is voluntary, and Student provided no information indicating that District had agreed to a new mediation date after cancelling the initial mediation. Even if District agrees to attend mediation, mediation could be scheduled prior to, or on the first day of hearing. Any conflict as to which matter shall proceed to hearing first, and the dates for the sequential hearings, can be resolved at the prehearings conferences.