California OAH special education order · February 9, 2017
Order Denying Student's Request for Continuance
OAH Case No. 2017010745 · ALJ Peter Paul Castillo
OAH denied Student's request to continue District's case. The attorney's conflicting hearing had already been continued, and District had not agreed to the voluntary mediation Student wanted.
This case went to decision
Student v. Newport-Mesa Unified School District (consolidated): Newport-Mesa Unified must fund a psychoeducational IEE and reimburse Prentice School tuition; April 2015 IEP and bullying claims denied. (2017)
Summary
Student asked OAH to continue the prehearing conference and hearing dates in District's case. Student gave two reasons: her attorney had a conflict with hearings in other OAH cases, and she wanted to mediate. OAH denied the request because those other hearings had been continued, which removed the conflict. Mediation is voluntary and District had not shown interest in it, and both parties said the hearing could be finished in one day, so the February 16, 2017 hearing date stayed in place.
Why it matters
OAH disfavors continuances and will deny one if the stated conflict goes away. A wish to mediate is not good cause when the other side has not agreed to it.
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
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:
PLACENTIA-YORBA LINDA UNIFIED OAH Case No. 2017010745
SCHOOL DISTRICT,
ORDER DENYING STUDENT’S
v. REQUEST FOR CONTINUANCE
PARENT ON BEHALF OF STUDENT.
On February 6, 2017, Student filed a request to continue the dates in this matter with the Office of Administrative Hearings, based upon Student’s attorney unavailability due to a conflict with the hearing dates in OAH Case Nos. 2016101114 and 201609853. On February 7, 2017, Placentia-Yorba Linda Unified School District filed notice with OAH that it would file an opposition to Student’s continuance, but has not as of the issuance of this order.
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:
Denied. All prehearing conference and hearing dates are confirmed and shall proceed as calendared. District filed this action on January 23, 2017, and OAH’s January 25, 2017, scheduling order set this matter for a prehearing conference on February 13, 2017, and hearing on February 16, 2017. Student gives two reasons in her continuance request. Student first contends that her attorney is not available due to a conflict in another matter that was set for hearing before this matter. However, OAH on February 9, 2017, continued OAH Case Nos. 2016101114 and 201609853, so Student’s attorney no longer has a conflict. Secondly, Student expressed a desire for the parties to mediate. However, mediation is voluntary and District has not given any indication that it wishes to mediate in this matter. Finally, both parties indicated in their respective prehearing conference statements that this matter can be completed in one day. Therefore, Student has not established good cause why this matter cannot go to hearing on February 16, 2017.
IT IS SO ORDERED.
DATE: February 9, 2017
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings