California OAH special education order · September 12, 2017
Order Granting Request for Reconsideration for Student's Motion to Continue Hearing Granted in Parts
OAH Case No. 2017060361 · ALJ Sabrina Kong
OAH granted Student's reconsideration in part, moving the hearing one day after the advocate's sworn declaration showed a newly scheduled Sacramento testimony date. A longer continuance for a long-planned conference was denied.
This case went to decision
Los Angeles Unified School District v. Student: Los Angeles Unified proves its psychoeducational, occupational therapy, and behavior assessments appropriate; no publicly funded IEEs ordered. (2017)
Summary
OAH first denied Student's same-day request to continue the hearing because it had no declaration or supporting documents. Student refiled with a declaration under penalty of perjury from advocate Victoria Baca. She stated she learned on September 7, 2017, after the prehearing conference, that she had to testify before a local government committee in Sacramento on September 12. OAH treated the refiling as a motion for reconsideration and moved the hearing one day, to September 13, 2017. It denied a longer continuance for a conference that had been scheduled for months and should have been raised in the parties' earlier July joint continuance request.
Why it matters
Last-minute continuance requests must be backed by a sworn declaration or documents, and only truly new conflicts will count. Known scheduling conflicts must be raised early, or OAH will refuse to accommodate them.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
People named in the order
- Victoria Baca, Advocate for Student
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:
LOS ANGELES UNIFIED SCHOOL OAH Case No. 2017060361
DISTRICT,
ORDER GRANTING REQUEST FOR
v. RECONSIDERATION FOR
STUDENT’S MOTION TO CONTINUE
PARENT ON BEHALF OF STUDENT. HEARING GRANTED IN PARTS
On September 11, 2017, Student filed his request to continue the dates in this matter with the Office of Administrative Hearings, with advocate, Victoria Baca, stating that she had been scheduled to testify in Sacramento before a local government committee on September 12, 2017. OAH denied the motion to continue on September 11, 2017 because Student did not provide any documents or declarations under the penalty of perjury supporting the request for the last minute continuance. On the same day, Student filed a second motion to continue the hearing with supporting documentation which was treated as a motion for reconsideration.
APPLICABLE LAW
OAH will generally reconsider a ruling upon a showing of new or different facts, circumstances, or law justifying reconsideration, when the party seeks reconsideration within a reasonable period of time. (See, e.g., Gov. Code, § 11521; Code Civ. Proc., § 1008.) The party seeking reconsideration may also be required to provide an explanation for its failure to previously provide the different facts, circumstances or law. (See Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192, 1199-1200.)
DISCUSSION
Reconsideration On reconsideration of Student’s request of the hearing continuance together with Ms. Baca’s declaration, under penalty of perjury, that on September 7, 2017, after the August 28, 2017 prehearing conference, she found out she had to testify before a local government committee on September 12, 2017 in Sacramento, OAH will continue the hearing one day, from September 12, 2017 to September 13, 2017. Although Ms. Baca requested a longer continuance based on a conference she wished to attend, such eleventh hour request was not good cause to justify granting a longer hearing continuance, especially as the conference has been scheduled for several months and should have been taken into account in the July 12, 2017 joint continuance request. Therefore, a longer hearing continuance is denied. No further continuances will be granted.
ORDER
1. Student’s motion for reconsideration for a hearing is granted in part, and a one
day continuance of the hearing is granted: The hearing shall commence on September 13, 2017, instead of September 12, 2017. The hearing shall take place at 320 West Fourth Street, Suite 630, Los Angeles, CA 90013. The hearing will continue day to day, Monday through Thursday, at the discretion of the ALJ and shall begin at 9:30 a.m. on the first day of the hearing, and at 9:00 a.m. all other days, and end at 4:30 p.m., unless otherwise ordered.
2. Student’s request for a longer hearing continuance is denied.
IT IS SO ORDERED.
DATE: September 12, 2017
SABRINA KONG
Administrative Law Judge Office of Administrative Hearings