California OAH special education order · December 16, 2014

Order Granting Request for Continuance of Expedited Hearing

OAH Case No. 2014100290 · ALJ Peter Paul Castillo

OAH granted Student's opposed request to continue the expedited hearing to January 6, 2015, after counsel showed good cause through a family death. Counsel must submit proof or risk sanctions.

Granted Expedited hearings

This case went to decision

Student v. Panama-Buena Vista Union School District: Panama-Buena Vista Union must fund 35 hours of counseling and tutoring for a seven-week child find failure; other claims denied. (2015)

Summary

Student's attorney asked OAH to continue the expedited hearing to January 6, 2015, because of a death in her husband's family. OAH had denied an earlier continuance request at the prehearing conference, and the District opposed this one. OAH found good cause based on counsel's declaration, even though she gave no proof, and moved the hearing to the 20th school day, January 6, 2015, with additional days on January 7 and 8. It ordered counsel to file documentary proof of the death and of the two federal court matters cited in her declaration by 5:00 p.m. on December 29, and warned that failing to do so may lead to further sanctions.

Why it matters

OAH noted that no law expressly allows continuing an expedited discipline hearing, but it still moved the hearing to the last allowable school day. A sworn declaration can be enough for a short delay, but OAH may later require proof and threaten sanctions if the proof is not provided.

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
20 U.S.C. § 1415(k)(4)(B)

Topics

expedited hearing continuance good cause attorney declaration sanctions warning discipline

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. 2014100290

v. ORDER GRANTING REQUEST FOR

CONTINUANCE OF EXPEDITED

PANAMA-BUENA VISTA UNIFIED HEARING

SCHOOL DISTRICT.

At the December 12, 2014 Prehearing Conference in this matter, Student’s attorney Nicole Hodge Amey moved to continue the expedited hearing date, which the Office of Administrative Hearings denied on that date. On December 15, 2014, Ms. Amey, on behalf of Student, filed a request to continue the expedited hearing dates to January 6, 2015, based upon the death of a parent of her husband. The Panama-Buena Vista Unified School District submitted an opposition on December 16, 2014.

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 on a disciplinary matter must occur within 20 school days of receipt of the due process complain, with a decision within 10 days of the expedited hearing. (20 U.S.C.

§ 1415(k)(4)(B).) There is no provision of law authorizing the continuance of an expedited hearing.

OAH has reviewed the request for good cause and considered all relevant facts and circumstances. The request is:

Granted. Ms. Amey established good cause for a continuance with her declaration regarding the death of a parent of her husband, even though she did not submit proof to substantiate this claim, or the two federal court matters cited in her declaration. Accordingly, the expedited hearing is continued to the 20th school day, January 6, 2015, to commence at 9:30, and also for January 7 and 8, 2015, at 9:00 a.m. By 5:00 p.m., on December 29, 2015, Ms. Amey shall submit to OAH and Panama-Buena Vista documentary proof of the passing of a parent of her husband and the federal court matters mentioned in her declaration. Failure to timely submit the requested documentation may subject Ms. Amey to further sanctions.