California OAH special education order · August 21, 2019
Order Granting Request for Continuance and Setting Prehearing Conference and Hearing Dates
OAH Case No. 2019070571 · ALJ Peter Paul Castillo
OAH granted Long Beach a continuance because of a conflicting hearing but refused its request to delay until December, since the district had settled the earlier conflicting case; hearing reset to October 1, 2019.
This case went to decision
Student v. Long Beach Unified School District: Long Beach Unified's IEP for a student with autism in a moderate-severe class upheld; all claims denied. (2020)
Summary
Long Beach asked to continue the hearing until December 17, 2019, because its counsel had conflicts with earlier-filed cases. Student opposed, citing the harm of a three-month delay, and asked for October hearing dates. OAH found good cause for some continuance because Long Beach was already set for hearing in an earlier-filed case on the current dates. OAH found no good cause to wait until December because Long Beach had since settled OAH Case No. 2019050954, so it set a September 23 prehearing conference and an October 1–3, 2019 hearing.
Why it matters
Opposing a long continuance can work: OAH may grant only as much delay as the stated conflict justifies, especially when the conflicting case has settled. Parents who point out the harm of delay can keep hearings on a shorter timeline.
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.
LONG BEACH UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019070571
ORDER GRANTING REQUEST FOR CONTINUANCE AND SETTING
PREHEARING CONFERENCE AND HEARING DATES
On August 16, 2019, Long Beach Unified School District filed with the Office of Administrative Hearings, referred to as OAH, a request to continue this matter until December 17, 2019, based upon conflicts that counsel for Long Beach had with matters filed before this case. On August 16, 2019, Student opposed the request based upon the prejudice to Student caused by a three-month continuance, and requested hearing dates in October 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; 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. The request is:
Granted. All dates are vacated. Long Beach established good cause for a continuance as it is presently scheduled for hearing with an earlier filed case on the hearing dates currently scheduled. However, good cause does not exist to continue this matter until December 17, 2019, as Long Beach on August 19, 2019, settled OAH Case Number 2019050954. Therefore, this matter will be set as follows:
Prehearing Conference will be held on September 23, 2019, 10:00 AM.
Due Process Hearing will be held on October 1, 2019, through October 3, 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 21, 2019 Peter Paul Castillo Presiding Administrative Law Judge Office of Administrative Hearings