California OAH special education order · March 10, 2020
Order Denying Request for Continuance
OAH Case No. 2020020062 · ALJ Marian H. Tully
OAH denied a joint request to continue the hearing because the only reason given, that the District had "unavoidable conflicts," was an unsupported blanket statement that did not show good cause.
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 OAH to continue the due process hearing. Their only stated reason was that the District had "unavoidable conflicts" on the scheduled dates, with no supporting facts. OAH noted that continuances are disfavored because of the 45-day decision timeline and require good cause. It denied the request because the vague statement gave OAH nothing to weigh, and it confirmed all prehearing conference and hearing dates.
Why it matters
A stipulation between the parties is not enough by itself to get a continuance. Requests must state specific facts, such as who is unavailable and why, or OAH may deny them and keep the original hearing dates.
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)
- Cal. Rules of Court, rule 3.1332(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 2020020062
ORDER DENYING REQUEST FOR CONTINUANCE
MARCH 10, 2020
On March 10, 2020, the parties filed a joint request to continue this matter. The only reason stated was “the District has unavoidable conflicts on the present dates.” No facts or circumstances were stated or any other 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. An unsupported blanket statement of “unavoidable conflicts” does not allow OAH to consider the relevant facts and circumstances that would constitute good cause. 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