California OAH special education order · February 21, 2020
Order Following Prehearing Conference Granting Request for Continuance
OAH Case No. 2020010259 · ALJ Rommel P. Cruz
OAH granted Chaffey Joint Union's continuance request over Student's opposition because district counsel and witnesses were committed to an earlier-filed hearing on the same dates; the hearing was reset to April 2020.
This case went to decision
Student v. Chaffey Joint Union High School District: Chaffey Joint Union High School District prevails on all claims; 19-year-old English learner found not eligible for special education. (2020)
Summary
Chaffey Joint Union asked to continue the prehearing conference and due process hearing because its counsel and witnesses were scheduled for another due process hearing in an earlier-filed case on the same dates. Student filed an opposition. At the prehearing conference, the parties jointly asked to schedule mediation. The ALJ found good cause, vacated all dates, and set mediation for March 5, 2020, a prehearing conference for April 6, 2020, and hearing for April 14 to 16, 2020.
Why it matters
Continuances are disfavored, but OAH may grant one over a parent's objection when the district's counsel and witnesses are already committed to an earlier-scheduled hearing. Parents opposing a delay should be ready to show specific prejudice to Student.
Key authority cited
- 34 C.F.R. § 300.515
- Ed. Code, § 56502, subd. (f)
- Ed. Code, § 56505, subd. (f)(3)
- Cal. Code Regs., tit. 1, § 1020
- Cal. Rules of Court, rule 3.1332
People named in the order
- James Peters, Assisted Student's counsel at prehearing conference
- Theresa Kraft, Assisted Student's counsel at prehearing conference
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:
PARENTS ON BEHALF OF STUDENT,
v.
CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT.
OAH CASE NUMBER 2020010259
ORDER FOLLOWING PREHEARING CONFERENCE
GRANTING REQUEST FOR CONTINUANCE
FEBRUARY 21, 2020
On February 21, 2020, Administrative Law Judge Rommel P. Cruz, Office of Administrative Hearings held a telephonic prehearing conference. The Administrative Law Judge will be referred to as an ALJ. The prehearing conference will be referred to as a PHC. Attorney Diana Renteria appeared on behalf of Student. James Peters and Theresa Kraft participated in the PHC to assist Ms. Renteria. Attorney Sarah Orloff appeared on behalf of Chaffey Joint Union High School District.
HEARING DATES, TIMES, AND LOCATION
On February 18, 2020, Chaffey Joint Union filed a timely motion to continue the prehearing conference and due process hearing due to the unavailability of Chaffey Joint Union’s counsel and witnesses. Chaffey Joint Union’s counsel and witnesses will be engaged in another due process hearing for an earlier filed case scheduled to be held on the same dates as this matter. On February 21, 2020, Student filed an opposition. At the PHC, parties jointly requested to schedule a mediation and proposed March 5, 2020.
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).)
The request for continuance is granted for good cause. All previously scheduled dates are vacated. The case shall proceed as follows:
Mediation: March 5, 2020, from 9:30 AM to 4:30 PM.
Mediation Location: West End SELPA, 8265 Aspen Avenue, Suite 200, Rancho Cucamonga, CA 91730.
Prehearing Conference: April 6, 2020, at 1:00 PM.
Parties have filed prehearing conference statements, and therefore, statements need not be filed unless changed circumstances warrant it. Prehearing conference motions shall be filed no later than three business days prior to the April 6, 2020 PHC or with evidence of good cause as to why it was not possible to timely file the motion. All other prehearing matters shall be addressed at the April 6, 2020 PHC.
Due Process Hearing: April 14, 15, and 16, 2020.
The hearing shall begin at 9:30 AM on the first day of the hearing and at 9:00 AM on all other days, unless otherwise ordered. The hearing shall continue day to day at the discretion of the ALJ.
Hearing Location: West End SELPA, 8265 Aspen Avenue, Suite 200, Rancho Cucamonga, CA 91730.
School district facilities shall fully comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and all laws governing accessibility of government facilities to persons with disabilities. School districts are required to file written certification with OAH that the facilities the school district provides comply with these laws.
Chaffey Joint Union shall file the required certification within five days of this order and provide facilities that comply with these laws.
The parties shall immediately notify all potential witnesses of the hearing dates, and shall subpoena witnesses if necessary, to ensure that the witnesses will be available to testify. A witness will not be regarded as unavailable for purposes of showing “good cause” to continue the hearing if the witness is not properly notified of the hearing date or properly subpoenaed.
SETTLEMENT
The parties shall immediately inform OAH in writing if they reach a settlement or otherwise resolve the dispute before the scheduled hearing. If the parties reach a settlement within five days of the scheduled start of the due process hearing, the parties shall also inform OAH of the settlement by telephone at (916) 263-0880.
If a full and final written settlement agreement is reached after 5:00 PM the day before the hearing, the parties shall leave a voicemail message regarding the settlement at (916) 274-6035. The parties should also leave contact information such as cellular phone numbers of each party or counsel for each party. At the same time, the parties should send the signature page of the signed agreement or a letter withdrawing the case to OAH at https://www.applications.dgs.ca.gov/oah/oahsftweb.
Dates for hearing will not be cancelled until the letter of withdrawal or signature page of the signed agreement has been received by OAH. If an agreement in principle is reached, the parties should plan to attend the scheduled hearing unless different arrangements have been agreed upon by the assigned ALJ. The assigned ALJ will check for messages before the hearing.
If the matter settles subject to board approval, in addition to a signed copy of the signature page of the settlement agreement, the parties shall provide the date of the next board meeting. The hearing dates will not be cancelled without this information.
FAILURE TO COMPLY
Failure to comply with this order may result in the exclusion of evidence or other sanctions.
IT IS SO ORDERED.
Rommel P. Cruz Administrative Law Judge Office of Administrative Hearings