California OAH special education order · January 12, 2015

Order Following Prehearing Conference and Granting Motion to Continue

OAH Case No. 2014121009 · ALJ Joy Redmon

OAH granted Student's opposed motion to continue the District-filed due process hearing, finding good cause so Parents could retain legal counsel, but warned no further continuances would be granted for that reason.

Granted Prehearing conference orders

This case went to decision

Student v. Folsom Cordova Unified School District (consolidated): Folsom Cordova Unified must provide 54 tutoring hours for a missing attention goal and English instruction gaps; may assess without consent. (2015)

Summary

Before the prehearing conference, Student asked to continue the hearing in Folsom Cordova's due process case so Parents could get a lawyer and the District could update Student's records. Folsom Cordova opposed the request. The ALJ found good cause to give Student a chance to retain counsel, vacated all dates, and reset the prehearing conference to April 3, 2015 and the hearing to April 14-15, 2015. Parents were told to find counsel quickly because more continuances to obtain counsel would not be granted.

Why it matters

Parents facing a district-filed case can usually get one continuance to find a lawyer, even over the district's objection. They should move quickly, though, because OAH may refuse a second delay for the same reason.

Key authority cited

34 C.F.R. § 300.515(a), (c)
Ed. Code § 56502, subd. (f)
Ed. Code § 56505, subd. (f)(3)
Cal. Rules of Court, rule 3.1332(c)
Cal. Rules of Court, rule 3.1332(d)

People named in the order

Anne Sherlock, Attorney for Folsom Cordova Unified School District

Topics

continuance good cause retaining counsel self-represented parent district-filed case

Order details

OAH case number: 2014121009
Order date: January 12, 2015
Order type: Prehearing conference orders
Ruling: Granted
Administrative law judge: Joy Redmon
Moving party: Student
Case filed by: District
Education agency: Folsom Cordova Unified School District
Student's counsel: Parent (self-represented)
District's counsel: Anne Sherlock
Official order: OAH PDF

Orders in this case

January 12, 2015: Order Following Prehearing Conference and Granting Motion to Continue
February 23, 2015: Order Granting Motion to Consolidate and Granting Motion to Continue
March 17, 2015: One hearing day vacated at District's request; hearing reset to April 13, 14, 15, and 21, 2015. (PDF)
April 2, 2015: Unopposed motion to amend granted; all dates vacated and timelines reset in both consolidated cases. (PDF)
April 3, 2015: Student's amended case made primary in consolidated matters; new scheduling order to follow. (PDF)
April 7, 2015: Order Denying Motion to Dismiss Without Prejudice
April 7, 2015: Order Denying Student's Motion to Compel Production of Documents
May 22, 2015: Order Following Prehearing Conference
Decision (2015-07-21)

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:

FOLSOM CORDOVA UNIFIED SCHOOL OAH Case No. 2014121009

DISTRICT,

ORDER FOLLOWING PREHEARING

v. CONFERENCE ABD GRANTING

MOTION TO CONTINUE

PARENT ON BEHALF OF STUDENT.

On January 12, 2015, a telephonic prehearing conference (PHC) was held before Administrative Law Judge Joy Redmon, Office of Administrative Hearings. Anne Sherlock appeared on Folsom Cordova’s behalf. Mother appeared on Student’s behalf and Father participated in the PHC as an observer.

Based on discussion with the parties, the ALJ issues the following orders:

Motion to Continue: Prior to the PHC convening in this matter, Student filed a motion to continue the due process hearing. The basis of the request was to obtain legal counsel and to permit Folsom Cordova time to update Student’s records pursuant to Student’s request.

Folsom Cordova opposed the motion.

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). 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).) The Office of Administrative Hearings 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).)

Good cause was established to permit Student an opportunity to retain counsel.

Parents were advised to expeditiously seek legal counsel because additional continuances to obtain counsel would not be granted.

ORDER

1. Student’s Motion to Continue is granted and all dates currently set are vacated.

2. The PHC is now scheduled for Friday, April 3, 2015, at 10:00 a.m. and the due

process hearing is scheduled for April 14, 2015, at 9:30 a.m., April 15, 2015, at 9:00 a.m.,and day-to-day thereafter, as needed, and at the discretion of the Administrative Law Judge.