California OAH special education order · September 26, 2014

Order Granting Request for Continuance Prehearing Conference and Due Process Hearing

OAH Case No. 2014080713 · ALJ Peter-Paul Castillo

OAH granted Student's opposed continuance because OAH had set the dates without consulting the parties and Student needed time to complete an Independent Educational Evaluation; hearing reset to January 2015.

Granted Scheduling and continuances

This case went to decision

Student v. Temecula Valley Unified School District: Temecula Valley Unified must reimburse $22,693.25 for ignoring an assessment request and not implementing a reading program (2015)

Summary

Student asked to continue the initially set prehearing conference and due process hearing dates so an Independent Educational Evaluation (IEE) could be completed. Temecula Valley Unified School District opposed, arguing Student had not shown good cause. OAH found good cause because it had set the dates without consulting the parties and Student showed the IEE needed to be completed. It vacated all dates, set the prehearing conference for January 5, 2015, and set the hearing to begin January 12, 2015.

Why it matters

Continuances are disfavored, but the need to finish an IEE before hearing can be good cause, especially when OAH set the first dates without input from the parties. Parents can rely on this reasoning even when the district objects.

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 good cause independent educational evaluation scheduling opposed motion

Order details

OAH case number: 2014080713
Order date: September 26, 2014
Order type: Scheduling and continuances
Ruling: Granted
Administrative law judge: Peter-Paul Castillo
Moving party: Student
Case filed by: Student
Education agency: Temecula Valley Unified School District
Student's counsel: Not stated
District's counsel: Not stated
Official order: OAH PDF

Orders in this case

September 26, 2014: Order Granting Request for Continuance Prehearing Conference and Due Process Hearing
October 14, 2014: Second stipulated continuance granted; PHC reset to January 23, 2015, hearing to February 3, 2015; no further. (PDF)
January 15, 2015: Order Granting Motion to Compel Two Hour Observation of Student
January 22, 2015: Order Granting Peremptory Challenge
January 26, 2015: Order Following Prehearing Conference
Decision (2015-04-17)

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. 2014080713

v. ORDER GRANTING REQUEST FOR

CONTINUANCE PREHEARING

TEMECULA VALLEY UNIFIED CONFERENCE AND DUE PROCESS

SCHOOL DISTRICT. HEARING

On September 23, 2014, Student filed a request to continue the initially set dates in this matter with the Office of Administrative Hearings, based upon the need to complete an Independent Educational Evaluation. On September 25, 2014, Temecula Valley Unified School District opposed the request based upon Student failing to establish good cause for the 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.) 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. Student established good cause for a continuance of the initially set dates. OAH set this matter for hearing without consulting with the parties, and Student established the need completion of the IEE. This matter will be set as follows:

Prehearing Conference: January 5, 2015, at 3:00 PM Due Process Hearing: January 12, 2015, at 1:30 PM, January 13 through 15, 2015, at 9:00 AM, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.