California OAH special education order · March 10, 2020
Order Denying Request for Continuance
OAH Case No. 2020011090 · ALJ Marian H. Tully
OAH denied the parties' joint request to continue the due process hearing because they gave no reason and showed no good cause; all prehearing and hearing dates stay as scheduled.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified must reimburse $7,600, fund a mental health IEE, and provide 190 compensatory hours; three claims fail. (2020)
Summary
On March 9, 2020, Student and Bellflower Unified School District jointly asked OAH to continue the case but gave no reason. OAH explained that hearings must be held and decided within 45 days unless there is good cause, so continuances are disfavored. Because the parties offered no facts supporting good cause, the presiding judge denied the request and confirmed all prehearing conference and hearing dates.
Why it matters
Even when both sides agree, OAH will not grant a continuance automatically. A request must explain the specific good-cause reasons, such as witness or counsel unavailability, or it will be denied.
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), (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.
BELLFLOWER UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020011090
ORDER DENYING REQUEST FOR CONTINUANCE
MARCH 10, 2020
On March 9, 2020, the parties filed a joint request to continue this matter. No reason for the request was provided.
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. The request is denied. The parties did not demonstrate good cause for a continuance as there was no evidence of any of the relevant facts and circumstances. All prehearing conference and hearing dates are confirmed and shall proceed as calendared.
IT IS SO ORDERED.
Marian H. Tully Presiding Administrative Law Judge Office of Administrative Hearings