California OAH special education order · June 8, 2015
Order Granting Request for Continuance and Setting Hearing Dates
OAH Case No. 2015010181 · ALJ Margaret Broussard
OAH granted San Mateo's request to continue the due process hearing over Student's opposition because the district's representative and her daughter faced serious medical issues; hearing reset to July 21, 2015.
This case went to decision
Student v. San Mateo Union High School District: San Mateo Union High must reimburse $150,908.70 and fund a residential placement at Monarch through March 2016. (2015)
Summary
On June 5, 2015, San Mateo Union High School District asked to continue the hearing because its representative and her daughter were facing serious medical issues. Student opposed the request the same day. OAH said continuances are disfavored but found good cause, citing the illness of a party's representative as an accepted reason. It vacated all hearing dates and reset the hearing to begin July 21, 2015.
Why it matters
A party's serious illness, or a representative's family medical emergency, can be good cause for a continuance even when the other side objects. Parents opposing a delay should be ready to show specific harm from the delay.
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
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. 2015010181 v. ORDER GRANTING REQUEST FOR
CONTINUANCE AND SETTING
SAN MATEO UNION HIGH SCHOOL HEARING DATES
DISTRICT.
On June 5, 2015, San Mateo Union High School District filed a request to continue the hearing dates in this matter because San Mateo’s representative and her daughter are facing serious medical issues. On June 5, 2015, Student opposed the request to continue.
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).) 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).)
OAH has reviewed the request for good cause and considered all relevant facts and circumstances. The request is:
Granted. All hearing dates are vacated. The matter will be set as follows:
Due Process Hearing: July 21, 2015, at 9:30 a.m., July 22-23, 2015, at 9:00 a.m., July 28, 2015, at 9:30 a.m., and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge.
IT IS SO ORDERED.
DATE: June 8, 2015
/ S/
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings