California OAH special education order · January 21, 2020
Order Granting Request for Reconsideration
OAH Case No. 2019080841 · ALJ Joy Redmon
OAH granted Student's reconsideration and vacated the hearing dates, but moved the hearing earlier rather than later because the case had been pending since August and the IDEA favors timely resolution.
Summary
On January 15, 2020, OAH denied Student's motion to continue the hearing for lack of good cause. Two days later Student asked for reconsideration, offering new facts: Student's counsel had booked travel to an educational conference after the hearing was scheduled. OAH granted reconsideration and vacated the existing hearing dates. Because the case had been pending since August and the conference did not outweigh the IDEA's focus on resolving disputes quickly, OAH advanced the dates, setting a prehearing conference for February 10, 2020 and a hearing starting February 19, 2020.
Why it matters
A continuance request based on an attorney's scheduling conflict can backfire. Here OAH moved the hearing earlier instead of later to protect the IDEA's timeline, so parties should be ready for accelerated dates and must quickly re-notify their witnesses.
Key authority cited
- Gov. Code, § 11521
- Code Civ. Proc., § 1008
- Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192
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.
OAKLAND UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2019080841
ORDER GRANTING REQUEST FOR RECONSIDERATION
On January 15, 2020, the undersigned denied Student’s motion to continue this hearing. Student did not establish good cause for the continuance. On January 17, 2020, Student filed a motion for reconsideration.
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, generally within ten days. (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.)
DISCUSSION
Student offers new facts to support reconsideration. Student’s counsel acknowledges that she booked travel to a conference after this matter was scheduled.
She asserts, however, that the conference is educational and valuable for her practice.
The motion for reconsideration is granted.
However, this matter has been pending since August, and the need to attend this conference, however valuable, does not outweigh the IDEA’s focus on timely resolving disputes. Accordingly, the continuance is GRANTED and the currently scheduled hearing dates vacated. In light of the length this case has been pending, the dates will be advanced rather than delayed.
The matter will now be set as follows:
Prehearing conference: February 10, 2020, at 1 PM Due process hearing: February 19, through 20, 2020, and day to day thereafter at the discretion of the Administrative Law Judge. The hearing will start at 9:30 AM on the first day and 9 AM on all subsequent days. The parties are to notify witnesses expeditiously of the newly scheduled hearing days.
IT IS SO ORDERED.
DATED: January 21, 2020 Joy Redmon Presiding Administrative Law Judge Office of Administrative Hearings