California OAH special education order · December 29, 2014
Order Granting Joint Request for Continuance and Setting Prehearing Conference and Due Process Dates
OAH Case No. 2014120059, 2014120530 · ALJ Robert Helfand
OAH granted Student and Los Angeles's joint continuance request over Simi Valley's objection, finding good cause because Student's educational rights holder was unavailable on the original January 15, 2015 hearing date.
This case went to decision
Student v. Los Angeles Unified School District et al. (consolidated): Los Angeles Unified must amend two 2014 IEPs to add residential placement and fund limited compensatory services; staff training denied. (2017)
This case went to decision
Student v. Los Angeles Unified School District et al. (consolidated): Los Angeles Unified must reimburse $4,415 for an independent assessment it failed to consider; federal court later reversed on residential placement. (2015)
Summary
Student and Los Angeles jointly asked OAH to move the consolidated hearing from January 15, 2015 to late February because Student's educational rights holder could not attend on January 15. Simi Valley opposed, arguing that the rights holder's unavailability was not good cause. This was the first continuance request in the case, and OAH granted it after weighing the relevant factors. All dates were vacated, a prehearing conference was set for February 9, 2015, and the hearing was reset to February 24-26, 2015.
Why it matters
OAH can treat the unavailability of the educational rights holder as good cause for a first continuance, even when another district objects. This is especially likely when most parties agree to the new dates.
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(d)
Topics
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 Consolidated Matters of:
PARENT ON BEHALF OF STUDENT, OAH Case No 2014120059 v.
LOS ANGELES UNIFIED SCHOOL
DISTRICT AND SIMI VALLEY UNIFIED
SCHOOL DISTRICT,
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2014120530
DISTRICT,
ORDER GRANTING JOINT REQUEST
v. FOR CONTINUANCE AND SETTING
PREHARING CONFERENCE AND DUE
PARENT ON BEHALF OF STUDENT. PROCESS DATES
On November 21, 2014, Student filed with the Office of Administrative Hearings a request for a due process hearing in OAH case number 2014120059, naming Los Angeles Unified School District and Simi Valley Unified School District.
On December 11, 2014, Los Angeles filed a Request for Due Process Hearing in OAH case number 2014120530, naming Student.
On December 16, 2014, Los Angeles filed a motion to consolidate the First Case with the Second Case.
On December 22, 2014, Simi Valley filed an opposition to the consolidation motion.
On December 22, 2014, Student filed a statement of non-opposition to the motion. On December 22, 2014, OAH granted the motion to consolidate the two cases.
On December 23, 2014, Student and Los Angeles jointly filed with OAH a request to continue the consolidated matter. On December 29, 2014, Simi Valley filed an opposition to the joint motion for 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. A due process hearing must be 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).)
In its joint request, Student and Los Angeles request continuance of the due process hearing from January 15, 2015 to February 23-26, 2015 on grounds that Student’s educational rights holder is unavailable on January 15, 2015. This is the first request for a continuance in this matter.
In its opposition, Simi Valley opposes the joint request on grounds that the educational rights holder’s unavailability fails to constitute good cause.
OAH has reviewed the request for good cause and considered all relevant facts and circumstances. The request is:
Granted. All dates are vacated. This matter will be set as follows:
Prehearing Conference: February 9, 2015 at 10:00 AM Due Process Hearing: February 24-26, 2015 at 9:30 AM, and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.
IT IS SO ORDERED.
DATE: December 29, 2014
/ S/
ROBERT HELFAND
Administrative Law Judge Office of Administrative Hearings