California OAH special education order · September 26, 2014

Order Denying Request for Continuance

OAH Case No. 2014051236 · ALJ Peter Paul Castillo

OAH denied Parent's request to continue the hearing for a medical condition because Parent gave no medical documentation, such as a note from a medical professional, showing she could not participate.

Denied Scheduling and continuances

This case went to decision

Vista Unified School District v. Student: Vista Unified may implement its May 2014 IEP placing a student with autism at Stein Education Center over parents' objections. (2014)

Summary

Parent, on behalf of Student, asked OAH to continue all dates in this District-filed case. Parent said a medical condition prevented her from taking part in the hearing. District did not respond, and it appeared Student had not served the request on District. OAH denied the request and confirmed all prehearing conference and hearing dates, because Parent did not provide enough medical documentation, such as a note from a medical professional, showing she was medically unable to participate.

Why it matters

Illness can be good cause for a continuance, but OAH expects proof, such as a doctor's note, before it delays a hearing. Parents should also serve continuance requests on the other side.

Key authority cited

34 C.F.R. § 300.515
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 medical condition good cause documentation parent illness

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:

VISTA UNIFIED SCHOOL DISTRICT, OAH CASE NO. 2014051236

v. ORDER DENYING REQUEST FOR

CONTINUANCE

PARENT ON BEHALF OF STUDENT.

On September 23, 2014, Mother, on behalf of Student, filed a request with the Office of Administrative Hearings to continue the dates in this matter based upon Mother’s medical condition that prevents her from participating in the hearing. Vista Unified School District did not submit a response. However, it does not appear that Student provided a copy of the continuance request to 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. All prehearing conference and hearing dates are confirmed and shall proceed as calendared. Mother failed to produce sufficient medical documentation, such as a note from a medical professional, that she is not medically able to participate in the upcoming due process hearing.