California OAH special education order · May 26, 2015
Order Partially Granting Request for Continuance by Setting July 9, 2015 as Additional Hearing Date
OAH Case No. 2015030117, 2014120222 · ALJ Margaret Broussard
OAH partially granted Student's opposed request to continue the hearing. The hearing still starts June 9, 2015, but reconvenes July 9, 2015, for two essential Student witnesses who are unavailable earlier.
This case went to decision
Student v. Santa Clara Unified School District (consolidated): Santa Clara Unified's hybrid academic and vocational IEPs for an adult student with autism offered FAPE; all student claims denied. (2015)
Summary
Student asked to continue the hearing dates because two essential witnesses could not attend on the scheduled dates, and Santa Clara Unified School District opposed. OAH found good cause in part. It kept the June 9, 2015 hearing start and the June 1 prehearing conference. It added July 9, 2015, as a hearing date for Student's witnesses Ms. Wells-Wahlberg and Ms. Wilkerson and any rebuttal witnesses.
Why it matters
When only some witnesses are unavailable, OAH may keep the original hearing date and add a later date just for those witnesses, rather than postpone the whole hearing. Parents seeking a continuance for witness conflicts should be ready for this split-schedule outcome.
Key authority cited
- 34 C.F.R. § 300.515
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Code Regs., tit. 1, § 1020
- Cal. Rules of Court, rule 3.1332
People named in the order
- Ms. Wells-Wahlberg, Student's witness
- Ms. Wilkerson, Student's witness
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:
STUDENT, OAH Case No. 2015030117 v.
SANTA CLARA UNIFIED SCHOOL
DISTRICT,
SANTA CLARA UNIFIED SCHOOL OAH Case No. 2014120222
DISTRICT,
v.
ORDER PARTIALLY GRANTING
STUDENT. REQUEST FOR CONTINUANCE BY
SETTING JULY 9, 2015 AS
ADDITIONAL HEARING DATE.
On May 21, 2015, Student filed a request to continue the hearing dates in this matter because two essential witnesses are unavailable on the dates currently scheduled for hearing.
On May 26, 2015, Santa Clara Unified School District filed an opposition.
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:
Partially Granted. The matter will be set as follows:
Prehearing Conference: June 1, 2015, at 3:00 p.m.
Due Process Hearing: June 9, 2015, at 9:30 a.m. and continuing day to day, Monday through Thursday, as needed at the discretion of the Administrative Law Judge. The hearing will reconvene on July 9, 2015, for Student’s witnesses Ms. Wells-Wahlberg and Ms.
Wilkerson and any rebuttal witnesses, and continue day to day, Monday through Friday, at the discretion of the ALJ.
IT IS SO ORDERED.
DATE: May 26, 2015
/ S/
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings