California OAH special education order · July 13, 2017
Order Vacating July 19, 2017 Hearing Date and Confirming July 20, 2017 Hearing Date
OAH Case No. 2017050174 · ALJ Kara Hatfield
OAH denied Student's request to continue the hearing but vacated only the first day, July 19, because the doctor's note showed a Parent's appointment that day and not unavailability on July 20.
This case went to decision
Carlsbad Unified School District v. Student: Carlsbad Unified may reassess a 14-year-old with autism without parent consent; request for advisory FAPE order denied. (2017)
Summary
Student asked OAH to continue the hearing dates because one Parent had a medical appointment on July 19, 2017, the first scheduled hearing day. Carlsbad Unified School District agreed by phone to vacate July 19 and start on July 20. OAH denied the request as a continuance because the doctor's note showed only an appointment on July 19, not that the Parent was unavailable on July 20. OAH vacated the July 19 date and confirmed that the hearing would begin July 20, 2017 at 9:00 a.m.
Why it matters
A continuance request based on a medical conflict must show the person is unavailable for every date to be moved. A note covering one day will likely get only that day vacated.
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:
CARLSBAD UNIFIED SCHOOL OAH Case No. 2017050174
DISTRICT,
ORDER VACATING JULY 19, 2017
v. HEARING DATE AND CONFIRMING
JULY 20, 2017 HEARING DATE
PARENTS ON BEHALF OF STUDENT.
On July 12, 2017, Student filed a request to continue the dates in this matter with the Office of Administrative Hearings, based upon a medical appointment of one Parent at an undisclosed time on July 19, 2017, the first date scheduled for the due process hearing. On July 12, 2017, Carlsbad Unified School District telephonically agreed to vacate the July 19, 2017 hearing date and begin the hearing on July 20, 2017.
OAH has reviewed the request for good cause and considered all relevant facts and circumstances. Student’s request is denied as a continuance as the provided doctor’s note only established that a Parent has a medical appointment on July 19, 2017, and not that the one Parent is not available on July 20, 2017. Therefore, the July 19, 2017 hearing date is vacated and the hearing will begin on July 20, 2017 at 9:00 a.m.
IT IS SO ORDERED.
DATE: July 13, 2017
KARA HATFIELD
Administrative Law Judge Office of Administrative Hearings