California OAH special education order · April 28, 2020

Order Granting Request for Reconsideration and Setting Mediation Date and Continuance of Prehearing Conference and Due Process Hearing

OAH Case No. 2019100711 · ALJ Judith Pasewark

OAH granted joint reconsideration and continued the hearing because the parties now explained good cause and proposed shorter, more reasonable dates than the August 2020 hearing date it had rejected.

Granted Reconsideration

Summary

OAH had denied the parties' joint request to set mediation and continue the hearing. That request gave no good cause, and its proposed August 20, 2020 hearing date was too long a delay given when Student's complaint was filed. The parties jointly asked for reconsideration, explained good cause, and proposed earlier dates. OAH granted the request and set mediation for May 26, 2020, the prehearing conference for June 15, 2020, and the hearing for June 23-25, 2020. It also ordered no further continuances, amended complaints, or consolidations.

Why it matters

Even joint continuance requests must explain good cause and propose reasonable dates. OAH will deny long delays, but a corrected request with good cause and shorter timelines can succeed on reconsideration.

Key authority cited

  • Gov. Code, § 11521
  • Code Civ. Proc., § 1008
  • Baldwin v. Home Savings of America (1997) 59 Cal.App.4th 1192

Topics

reconsideration continuance good cause joint request mediation charter school

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.

INSPIRE CHARTER SCHOOL

OAH CASE NUMBER 2019100711

ORDER GRANTING REQUEST FOR RECONSIDERATION

AND SETTING MEDIATION DATE AND CONTINUANCE OF

PREHEARING CONFERENCE AND DUE PROCESS HEARING

APRIL 28, 2020

On April 20, 2020, the undersigned Administrative Law Judge issued an order denying a joint request to set a mediation date and continue the prehearing conference and due process hearing. On April 28, 2020, the parties filed a Joint 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

The parties jointly offered new facts, circumstances or law. to support reconsideration. The April 20, 2020 Order Denying Continuance was issued because the requested for the August 20, 2020 due process hearing dated did not include a discussion of good cause. The requested continuance dates represented too long a delay for hearing given the initial filing date of Student’s complaint. The parties in their Motion for Reconsideration have included a good cause explanation and proposed new dates for mediation and due process hearing which are far more reasonable and constitute good cause for continuance. The motion for reconsideration is granted.

ORDER

1. On reconsideration, the Joint Request for Setting Mediation and

Continuing Due Process Hearing is granted as follows:

2. Mediation Date is May 26, 2020, 9:00 AM to 4:30 PM. Mediation will occur

via telephone or video.

3. Prehearing Conference will be held on JUNE 15, 2020, at 1:00 PM.

4. Due Process Hearing will be held on June 23, 2020, through June 25, 2020.

The hearing shall begin at 9:30 AM on all days unless otherwise ordered.

The hearing shall continue day to day, as needed at the discretion of the Administrative Law Judge. Prehearing conference statements and motions are due to OAH no later than three business days before the prehearing conference or with a showing of good cause why it was not timely filed.

5. Mediation and Prehearing Conference will be held via video conferencing

pursuant to the General Order for Due Process Hearings and Mediations and Closure of Public Counters, which is attached along with the Order Setting Video Prehearing Conference Procedures and Participant Information for Prehearing Conference.

6. There shall be no further continuances, amended complaints, or

consolidations of this matter.

7. All other orders remain in full force and effect.

IT IS SO ORDERED.

Judith Pasewark Administrative Law Judge Office of Administrative Hearings