California OAH special education order · March 14, 2019
Order Denying Request for Continuance
OAH Case No. 2019020613 · ALJ Penelope S. Pahl
OAH denied Parent's request to continue San Leandro's due process case, finding no good cause and calling Parent's claimed belief that the whole case was withdrawn not credible.
This case went to decision
San Leandro Unified School District v. Student: San Leandro Unified's psychoeducational, behavior, and occupational therapy assessments upheld; no publicly funded IEEs in those areas. (2019)
Summary
Parent, who represented herself, asked to continue the hearing dates in the District's case. She said she believed the whole case had been dismissed after San Leandro agreed to fund an independent educational evaluation in academics. San Leandro opposed, saying its letter clearly withdrew only that one issue. OAH found no good cause. Because several independent evaluations were at issue in the hearing, Parent's belief that settling one would end the entire case was not credible, so all dates stayed as calendared.
Why it matters
When a district agrees to one item or drops one issue, the rest of the case usually goes forward. Parents should confirm in writing exactly what is being withdrawn, and should not assume a case is over without an OAH dismissal order.
Key authority cited
- 34 C.F.R. § 300.515(a)
- 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:
SAN LEANDRO UNIFIED SCHOOL OAH Case No. 2019020613
DISTRICT,
ORDER DENYING REQUEST FOR
v. CONTINUANCE
PARENT ON BEHALF OF STUDENT.
On March 12, 2019, Parent on behalf of Student filed a request to continue the dates in this matter. Parent is self-represented. Parent asserts that she believed the case had been dismissed based on the fact that she received a letter from San Leandro Unified School District informing her that they would grant her requested independent educational evaluation in the area of academics. Mother asserts that she believed the entire case was being withdrawn as opposed to just the issue of the academic evaluation; so was surprised to discover, when contacted to appear for the Prehearing Conference on March 11, 2019, that the other issues in the case were proceeding to hearing. On March 14, 2019, San Leandro opposed the request stating the information they had provided to Parent had clearly stated they were dismissing a single issue not the entire case.
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. (34 C.F.R. § 300.515(a);
Ed.Code, §§ 56502, subd. (f), 56505, subd. (f)(3).) Speedy resolution of the due process hearing is mandated by law and continuance of the hearing may be granted only upon a showing of good cause. (Ed. Code, § 56505, subd. (f)(3).) In ruling upon a motion for continuance, OAH is guided by the provisions found within the Administrative Procedure Act and the California Rules of Court that concern motions to continue. (Cal. Code Regs.,tit.
1, § 1020;Cal. Rules of Court, rule 3.1332.) Generally, continuances of matters are disfavored. (Cal.Rules of Court, rule 3.1332(c).)
Parent has failed to state good cause for a continuance. Given the fact that several independent educational evaluations had been requested and all of them were the subject of the hearing in this matter, Mother’s assertion that she believed the resolution of one element of the dispute would result in the entire case being withdrawn lacks credibility. The request is DENIED. All hearing dates and timelines shall proceed as calendared.
IT IS SO ORDERED.
DATE: March 14, 2019
PENELOPE S. PAHL
Administrative Law Judge Office of Administrative Hearings