California OAH special education order · August 19, 2019
Order Granting Request for Continuance and Setting Due Process Hearing
OAH Case No. 2019050500 · ALJ Robert G. Martin
OAH granted Oxnard's request to continue the hearing to September 17-19, 2019, because a medical emergency kept the district's trial counsel from working, despite Student's objection to more than two weeks.
This case went to decision
Student v. Oxnard Union High School District: Oxnard Union High School District offered appropriate behavior supports and placement to a ninth grader with autism; all claims denied. (2019)
Summary
The day before the August 20, 2019 hearing, Oxnard asked to continue the hearing until after mid-September 2019. It said a medical emergency kept its trial counsel from working until then. Student agreed to a delay of up to two weeks but objected to anything longer because of Student's and Parents' timeline. OAH found good cause, vacated all dates, and reset the hearing for September 17-19, 2019.
Why it matters
Even though OAH says continuances are disfavored, a sudden illness of a party's trial counsel can justify a delay of about a month over the other side's objection. Parents who object to a delay should explain the specific harm it would cause them.
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)
- Cal. Rules of Court, rule 3.1332(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 MATTER OF:
PARENT ON BEHALF OF STUDENT,
v.
OXNARD UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2019050500
ORDER GRANTING REQUEST FOR CONTINUANCE
AND SETTING DUE PROCESS HEARING
On May 10, 2019, Student filed a request for due process hearing with the Office of Administrative Hearings, naming Oxnard Union High School District. On June 24, 2019, OAH continued the due process hearing to August 20 through 22, 2019. On August 19, 2019, Oxnard filed a request to continue the due process hearing to dates after mid-September, 2019, due to a medical emergency requiring Oxnard's trial counsel to not engage in work activities until that time. Student's counsel does not oppose a continuance of up to two weeks, but objected that a longer continuance would conflict with Student's and Parents' timeline.
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. (Ed. Code, § 56505, subd. (f)(3); 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 or imposing conditions on the continuance; and any other relevant fact or circumstance. (Cal. Rules of Court, rule 3.1332(d).)
OAH has reviewed the request for good cause and considered all relevant facts and circumstances. Oxnard's request for a continuance is:
Granted. All dates are vacated. This matter will be set as follows:
Due Process Hearing will be held on September 17-19, 2019. The hearing shall begin at 9:30 AM the first day, and at 9:00 AM on all other days unless otherwise ordered. The hearing shall continue day to day, as needed at the discretion of the Administrative Law Judge.
The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure their availability to testify. Good cause for witness unavailability is not established by failing to properly notify or subpoena a witness. Prehearing conference statements and motions are due to OAH no later than three business days before the prehearing conference or with evidence of good cause why it was not possible to file the motion by that date.
IT IS SO ORDERED.
DATED: August 19, 2019 Robert G. Martin Administrative Law Judge Office of Administrative Hearings