California OAH special education order · March 11, 2020
Order Granting Request for Reconsideration and Granting Request for Continuance
OAH Case No. 2020020062 · ALJ Marian H. Tully
OAH granted Bellflower's reconsideration motion and the joint continuance because counsel's late-filed declaration showed good cause that was missing from the original request.
This case went to decision
Student v. Bellflower Unified School District: Bellflower Unified must provide 255 hours of structured reading instruction to an autistic 11th grader; assessment and transition claims denied. (2020)
Summary
The parties jointly asked to continue the hearing. OAH first denied the request because it cited only 'unavoidable conflicts' and included no declaration showing good cause. After business hours, Bellflower's counsel filed a supporting declaration, and the next day Bellflower moved for reconsideration. OAH granted reconsideration because the declaration established good cause, then continued the prehearing conference to April 10, 2020, and the hearing to May 5 through 7, 2020.
Why it matters
Even a joint continuance request can be denied if it does not include a declaration with specific facts showing good cause. Parties should file supporting evidence with the request itself to avoid a denial and the need for reconsideration.
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.
BELLFLOWER UNIFIED SCHOOL DISTRICT.
OAH CASE NUMBER 2020020062
ORDER GRANTING REQUEST FOR RECONSIDERATION
AND GRANTING REQUEST FOR CONTINUANCE
MARCH 11, 2020
On March 10, 2020, at 11:15 AM, the parties filed a joint request for continuance.
No declaration was attached or referenced in the request and the proof of service does not mention any document other than the request. On March 10, 2020, at 3:00 PM, the undersigned Presiding Administrative Law Judge issued an order denying the parties’ joint request for continuance on the grounds “unavoidable conflicts” did not constitute good cause and no evidence of facts and circumstances supporting good cause was submitted. After business hours on March 10, 2020, OAH received a declaration by counsel for Bellflower Unified School District filed in support of the request for continuance.
On March 11, 2020, Bellflower filed a motion for reconsideration supported by a declaration from counsel.
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 motion for reconsideration is granted. Counsel’s declaration was filed after the Order Denying the Request was issued. If counsel’s declaration had been filed with the request for continuance, not after the close of business, the request for continuance would have been granted because counsel’s declaration established good cause for the continuance. Accordingly, the request for continuance is granted. All dates are vacated.
The prehearing conference is continued to April 10, 2020, at 10:00 AM.
The due process hearing is continued to May 5, 2020, through May 7, 2020. The hearing will begin at 9:30 AM on the first day and at 9:00 AM on all other days unless otherwise ordered.
IT IS SO ORDERED
Marian H. Tully Presiding Administrative Law Judge Office of Administrative Hearings