California OAH special education order · January 10, 2019
Order Denying Request for Continuance
OAH Case No. 2018060763, 2018080048 · ALJ Chris Butchko
OAH denied the parties' joint request to continue dates for mediation because they did not submit the declaration of good cause that an earlier order required.
This case went to decision
Student v. Poway Unified School District (consolidated): Poway Unified's nonpublic school offer was appropriate but denied FAPE for lack of school details; student's three claims denied. (2019)
Summary
Student and Poway Unified School District jointly asked OAH to set mediation and continue the hearing dates in these consolidated cases. OAH denied the request and confirmed all prehearing conference and hearing dates. A November 30, 2018 order had warned that, because the original case was old and had already been continued once, any further continuance request must show good cause by declaration. The parties asked for mediation but gave no statement of good cause and no declaration.
Why it matters
Even a joint request to continue can be denied when it lacks a supporting declaration, especially in an older case that has already been continued. Parties should follow any earlier order's instructions on continuances and propose backup mediation dates.
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. 2018060763 v.
POWAY UNIFIED SCHOOL DISTRICT,
POWAY UNIFIED SCHOOL DISTRICT, OAH Case No. 2018080048 v. ORDER DENYING REQUEST FOR
CONTINUANCE
PARENT ON BEHALF OF STUDENT.
On January 9, 2019, the parties filed a joint request for mediation and to continue the dates in this matter with the Office of Administrative Hearings.
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. The parties have requested a mediation, but have not provided any statement of good case for a continuance of this action. The parties were instructed by the November 30, 2018 Order Granting Motion to Amend Complaint that, due to the age of the original matter and the fact that a continuance was previously granted, any further continuance request must establish good cause by way of declaration. No such declaration was submitted. Accordingly, the request is denied. In addition to submitting a declaration of good cause, the parties are further advised to proposed alternative dates for mediation in the event that their requested date is not available.
IT IS SO ORDERED.
DATE: January 10, 2019
CHRIS BUTCHKO
Administrative Law Judge Office of Administrative Hearings