California OAH special education order · February 22, 2019
Order Following Prehearing Conference, Granting Student's Motion to Continue Prehearing Conference and Hearing
OAH Case No. 2018110712 · ALJ Clifford H. Woosley
OAH granted Student's opposed request for a short continuance because Mother had to care for a hospitalized family member and Student's doctor was finishing an evaluation for hearing.
This case went to decision
Glendora Unified School District v. Student: Glendora Unified's IEP offers of special education core classes and later home instruction provided a FAPE in the least restrictive environment. (2019)
Summary
At the prehearing conference, Mother asked to push the hearing back a few weeks. She is power of attorney for her hospitalized father, and Student's doctor was completing an evaluation to be used at hearing. Glendora Unified opposed, arguing that Student was not in school and further delay would harm Student. The ALJ found good cause and granted the motion. The parties agreed on new dates after the district's spring break: a prehearing conference on April 5, 2019 and a hearing on April 16–18, 2019, at the district office.
Why it matters
Continuances are disfavored in special education cases, but a parent's family medical emergency and a pending independent evaluation can be good cause, even when the district objects. Self-represented parents can win short delays by clearly explaining the reasons.
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:
GLENDORA UNIFIED SCHOOL OAH Case No. 2018110712
DISTRICT,
ORDER FOLLOWING PREHEARING
v. CONFERENCE, GRANTING
STUDENT’S MOTION TO CONTINUE
PARENT ON BEHALF OF STUDENT. PREHEARING CONFERENCE AND
HEARING
On February 22, 2019, a telephonic prehearing conference was held before Administrative Law Judge Clifford H. Woosley, Office of Administrative Hearings.
Lyndsey M. Wrape, attorney at law, appeared on behalf of Glendora Unified School District.
Mother appeared on behalf of Student. The PHC was recorded.
Based upon discussion with the parties, the ALJ issues the following order:
1. Student’s Motion for Continuance.
Mother made a motion to continue the hearing for a few weeks because of her father’s illness and the completion of an assessment by Student’s doctor. Glendora Unified opposed, indicating that Student is not in school and further delay would be to the Student’s detriment.
Hearing was recently delayed when Glendora Unified filed an amended complaint on February 4, 2019.
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; 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 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).)
Here, Mother is the power of attorney for her father, who is hospitalized. Also, Student’s doctor will be completing an evaluation to be introduced at hearing. Student has demonstrated good cause for a continuance. After some discussion, the parties agreed about dates for a short continuance, which is after Glendora Unified’s spring break.
The motion to continue is granted. All dates are vacated. This matter is set as follows:
Prehearing Conference: April 5, 2019, at 10:00 AM Due Process Hearing: April 16, 17, and 18, 2019, at 9:30 AM the first day of hearing and 9:00 AM each hearing day thereafter, continuing day to day, needed at the discretion of the Administrative Law Judge.
The hearing shall take place at Glendora USD, 500 N. Loraine Avenue, Glendora, CA 91741.
Since the hearing has been continued, Etiwanda withdrew its motion for telephonic testimony of a witness.
IT IS SO ORDERED.
DATE: February 22, 2019
CLIFFORD H. WOOSLEY
Administrative Law Judge Office of Administrative Hearings