California OAH special education order · June 14, 2016
Order Denying Request for Reconsideration
OAH Case No. 2016020899 · ALJ Margaret Broussard
OAH denied Student's motion to reconsider the denial of a continuance as moot because the hearing had already gone forward without Student and the matter was submitted for decision.
This case went to decision
Elk Grove Unified School District v. Student: Elk Grove Unified may reassess a six-year-old private school student without parent consent under its January 2016 assessment plan. (2016)
Summary
Student's advocate asked for a continuance the afternoon before a District-filed hearing, and OAH denied it. Student and the advocate did not appear, and the ALJ held the hearing and closed the record. Student later moved for reconsideration of the continuance denial, and District opposed. OAH denied the motion as moot because the hearing had already been held and the case submitted, so there was nothing left to continue.
Why it matters
Once a continuance is denied, a family should still show up to the hearing. Skipping it and asking for reconsideration later will not help, because OAH can hold the hearing and decide the case without them.
People named in the order
- James Peters III, Student's advocate
- Charles Marson, Administrative Law Judge (hearing)
- Margaret Broussard, Presiding Administrative Law Judge
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:
ELK GROVE UNIFIED SCHOOL OAH Case No. 2016020899
DISTRICT,
ORDER DENYING REQUEST FOR
v. RECONSIDERATION
PARENT ON BEHALF OF STUDENT.
On June 6, 2016, at about 3:30 p.m., Mr. James Peters III, Student’s advocate, filed a motion to continue the hearing in this matter, scheduled on June 7, 2016. At about 4:05 p.m., the parties were notified by telephone that the undersigned Presiding Administrative Law Judge denied the request for continuance. At about 4:25 p.m., Mr. Peters’ assistant called the Office of Administrative Hearings and was informed again that the motion was denied and that the hearing was going forward as scheduled. The assistant stated that neither Mr. Peters nor his client would show up at the hearing. After the denial of the request was communicated to the parties, and after his assistant spoke directly with OAH staff, Student filed a document consisting of a declaration with a signature and part of another document with a signature. There was no motion or other request accompanying these pages.
A written order denying the motion to continue was issued on the morning of June 7,
2016. At 9:30 a.m., ALJ Charles Marson was prepared to begin the hearing, however, he
waited until approximately 10:30 a.m., to give the parties time to read the written order denying the continuance and to give Parent and Mr. Peters time to arrive at the hearing. Mr.
Peters made no attempt to contact OAH or ALJ Marson. ALJ Marson attempted to reach Mr.
Peters twice by phone before beginning the hearing. Upon the first phone call, the receptionist transferred ALJ Marson to a number where there was no answer; and, Mr.
Peters’ voicemail was full. When ALJ Marson called a second time and the receptionist answered, ALJ Marson explained that he did not reach Mr. Peters and that the voicemail was full. She transferred him to what she described as another line and, like the first line, there was no answer and the voicemail was also full, so no message could be left.
The hearing began and testimony was completed in early afternoon. Elk Grove Unified School District delivered a closing argument, the record was closed and the matter submitted for decision. A notice of no action was served on the parties regarding the signature pages received the previous afternoon.
On June 9, 2016, OAH received a motion for reconsideration of the order denying the continuance from Mr. Peters1. This motion is 36 pages in length, alleges that there are new facts and circumstances, and is accompanied by a signed declaration. On June 9, 2016, Elk Grove filed an opposition to the motion for reconsideration.
The motion to reconsider the denial of the continuance is denied as moot. The hearing has been held and the matter submitted for decision. Therefore, the matter cannot be continued at this time.
IT IS SO ORDERED.
DATE: June 14, 2016
MARGARET BROUSSARD
Presiding Administrative Law Judge Office of Administrative Hearings The motion for reconsideration was received at 5:53 p.m. on June 8, 2016 and is considered filed on the next business day, June 9, 2016.