California OAH special education order · June 13, 2019

Order Granting Motion for Reconsideration, Denying Motion for Mediation and Continuance, Vacating June 12, 2019 Order, and Confirming Dates in Scheduling Order

OAH Case No. 2019050884 · ALJ Clifford H. Woosley

OAH vacated its order granting mediation and a continuance. Student's counsel had filed a joint-request form that Southwest SELPA never agreed to, and no good cause was shown for continuing over its objection.

Granted Reconsideration

Summary

Student's attorney filed OAH's joint-request form asking to set mediation and continue the hearing. OAH granted it, mistakenly believing all five respondents had signed. Southwest SELPA's opposition arrived after the order issued. It showed that the SELPA had not agreed to the new hearing dates because its witnesses were unavailable. OAH treated the opposition as a motion for reconsideration and granted it. It then denied the continuance for lack of good cause and denied mediation because not all parties agreed, which reinstated the original July 2019 hearing dates.

Why it matters

OAH's joint-request form may be used only when every party has actually agreed. Using it without full agreement is treated as a misrepresentation, and any order based on it can be undone. A party seeking a continuance over an objection must file a real motion showing good cause.

Key authority cited

  • Gov. Code, § 11521
  • Code Civ. Proc., § 1008
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
  • Ed. Code, § 56505, subd. (f)(3)
  • 34 C.F.R. § 300.515(a)
  • Cal. Rules of Court, rule 3.1332

Topics

reconsideration continuance mediation joint request good cause multiple respondents

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, OAH Case No. 2019050884 v. ORDER GRANTING MOTION FOR

RECONSIDERATION, DENYING

CENTINELA VALLEY UNION HIGH MOTION FOR MEDIATION AND

SCHOOL DISTRICT, LOS ANGELES CONTINUANCE, VACATING JUNE

COUNTY OFFICE OF EDUCATION, 12, 2019 ORDER, AND CONFIRMING

SOUTHWEST SPECIAL EDUCATION DATES IN SCHEDULING ORDER

LOCAL PLAN AREA, COMPTON

UNIFIED SCHOOL DISTRICT AND

CALIFORNIA SCHOOL FOR THE DEAF

(RIVERSIDE).

On May 16, 2019 Student filed a request for due process naming five respondents.

The Office of Administrative Hearings issued a May 21, 2019 scheduling order, setting the matter for hearing on July 9, 10, and 11, 2019. All respondents gave notice of representation.

On June 12, 2019, Student’s attorney filed a Request to Set Mediation and for Continuance of Initial Due Process Hearing on an OAH form designed for the joint request of dates mutually agreed upon by all parties. The filing included two copies of the joint form request, with separate signatures, which OAH staff and Administrative Law Judge Clifford H. Woosley erroneously believed included all parties. ALJ Woosley granted the request, setting mediation for June 28, 2019 and continuing the hearing to August 12, 13, and 14, 2019.

On June 12, 2018, respondent Southwest Special Education Local Plan Area filed its opposition to motion to continue, in part. The opposition included copies of emails amongst the parties’ attorneys regarding proposed mediation and continued hearing dates. Though the parties appeared to have agreed upon June 28, 2019 for mediation, Southwest SELPA could not accept the proposed continued hearing dates because of witness unavailability.

Southwest SELPA’s opposition to motion was not received until after OAH issued an order granting the request for mediation and continuance on June 12, 2019. Therefore, Southwest SELPA’s opposition is considered a motion for reconsideration, withdrawal of the order, and denial of the continuance request.

APPLICABLE LAW

The Office of Administrative Hearings 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.)

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).)

DISCUSSION

Reconsideration Southwest SELPA indicates that it was not in agreement with the June 12, 2019 request. The email exchanges clearly establish the request was not signed by all parties, as erroneously believed by OAH staff and ALJ Woosley. The filing of the OAH form was a misrepresentation since the form clearly states that it is to be used only if all parties have mutually agreed to the proposed dates. This is information that needed to be considered in ruling upon the request and, therefore, reconsideration is granted.

Continuance Student’s filing of the joint request for mediation and continuance of hearing improperly represented that all parties agreed to the requested dates. Southwest SELPA had not agreed. A party seeking continuance must file a motion and establish good cause for a continuance over the objection of another. The joint request filed by Student’s counsel does not contain any information as to why a continuance should be granted over Southwest SELPA’s objection. Upon reconsideration, the request for continuance is denied for lack of good cause.

Also, the request for mediation is not signed by all parties. Mediations are set with the mutual agreement of all parties. Upon reconsideration, the request for mediation is denied.

Therefore, the June 12, 2019 OAH Order is vacated. The dates set in the May 21, 2019 Scheduling Order are confirmed. The prehearing conference is scheduled for 3:00 p.m., July 1, 2019, and the due process hearing is scheduled for July 9, 10, and 11, 2019.

ORDER

1. The motion for reconsideration is GRANTED.

2. The request to set mediation is DENIED

3. The request for a due process hearing continuance is DENIED.

4. The June 12, 2019 OAH order granting mediation and due process hearing

continuance is withdrawn.

5. The prehearing conference and due process hearing dates set forth in the May

21, 2019 scheduling order are reinstated.

IT IS SO ORDERED.

DATE: June 13, 2019

CLIFFORD H. WOOSLEY

Administrative Law Judge Office of Administrative Hearings