California OAH special education order · February 2, 2017
Order Granting Request for Continuance and Setting Hearing Dates
OAH Case No. 2016120475, 2016101051 · ALJ Peter Paul Castillo
OAH granted District's contested request for a brief continuance because its counsel had a conflicting hearing, finding a two-day delay would not prejudice Student or her family.
This case went to decision
Newport-Mesa Unified School District v. Student: Newport-Mesa Unified must fund an independent evaluation because its assessment was flawed and it shut Mother out of the review meeting. (2017)
This case went to decision
Student v. San Dieguito Union High School District (consolidated): San Dieguito Union High may reassess student without consent; parents' conditions voided consent and all student claims are denied. (2017)
Summary
District asked to continue the hearing dates because its counsel had a conflicting hearing in another OAH case, which had itself been continued at that parent's request. Student opposed, citing the hardship further delay would cause her family. OAH found good cause for a brief continuance and held that a two-day delay would not prejudice Student. The hearing was reset to begin February 9, 2017, with February 10, 2017, added as a hearing date.
Why it matters
Even when a family objects to delay, OAH may grant a short continuance when counsel has a genuine scheduling conflict. Keeping the continuance brief helps the requesting party show there is no real prejudice.
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), (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. 2016120475 v.
SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT,
SAN DIEGUITO UNION HIGH SCHOOL OAH Case No. 2016101051
DISTRICT,
ORDER GRANTING REQUEST FOR
v. CONTINUANCE AND SETTING
HEARING DATES
PARENT ON BEHALF OF STUDENT.
On February 1, 2017, San Dieguito Union High School District filed a request to continue the dates in this matter with the Office of Administrative Hearings, based upon the unavailability of legal counsel due to conflicting hearing dates in OAH Case No. 2016090101. On February 2, 2017, Student opposed the request based upon the hardship that would be imposed on Student’s family if this matter was continued further.
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).) OAH 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 dates are vacated. District established good cause for a brief continuance in this matter based on the continuance in OAH Case No. 2016090101, at the request of the Parent in that matter. A two day delay in commencing the hearing in this matter will not prejudice Student or her family. Therefore, this matter will be set to commence on February 9, 2017, at 9:30 a.m., and February 10, 2017, is added as a hearing date to the dates set forth at the January 30, 2017, prehearing conference.
The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure that the witnesses will be available to testify.
A witness will not be regarded as unavailable for purposes of showing “good cause” to continue the hearing if the witness is not properly notified of the hearing date or properly subpoenaed, as applicable.
IT IS SO ORDERED.
DATE: February 2, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings